BUS 207 Week 5 NOTES
BUS 207 Week 5 NOTES 207
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This 3 page Class Notes was uploaded by Shelby Kolb on Thursday April 28, 2016. The Class Notes belongs to 207 at California Polytechnic State University San Luis Obispo taught by Stephen Stern in Spring 2016. Since its upload, it has received 38 views. For similar materials see Business Law in General at California Polytechnic State University San Luis Obispo.
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Date Created: 04/28/16
April 26 ; Administrative law Agencies = handle real specific areas of law. Create laws under state and Congress o Prosecutors and administrative judges o Federal level headed by members of President’s cabinet or selected by president and approved by Congress. CASE : National Cable & Telecommunications Assn. v. Gulf Power Co. o Law is always behind technology. o New technology (wireless) fell under Pole Attachments Act Federal Communication Commission decision CASE : Yan Ju Wang v. George Valverde o DMV claimed that Yan Ju Wang was cheating on class B license exam, so they wanted to take away her class C license (regular license) o DMV (state agency created by governor) has power to revoke any license o Case was appealed and it was affirmed that Yan Ju Wang would get to keep her license o Agency overstepped bounds and used power improperly CASE : FCC v. Pacifica o Pacificia = radio station owner. o 7 dirty words that you cant play on the radio or tv = Carlin has satire to dirty words, repeats words over and over, o FCC =power agency files report against Pacifica for playing words o George Carlin (1 amendment freedom of speech) o Case goes to US Supreme Court. Major 1 amendment, freedom of speech case. o US Supreme Court determines : time, place, manner 7 dirty words can be played at certain times. o FCC does not control Satellite radio. CASE : Higher Education Act o Private loans= no special payment plans. No forgiveness o Consolidation = federal loans combined o Federal Trade Commission= oversees that there is no fraud/scams. o Federal loans = Subsidized > government (Department of Education) covers interest while you are in school (Deferment) Unsubsidized > interest not covered CASE : Christy Brzonkala v. Antonio J. Morrison o Brzonkala filed complaint against Morrison and James Crawford for raping her at a Virginia Tech campus party. o Morrison was initially suspended for 2 semesters (found guilty) but punishment was ultimately set aside. o Brzonkala pursued to sue Morrison, Crawford, and Virginia Tech in FEDERAL Court for violating the Violence Against Women Act. o “Morrison and Crawford moved to dismiss this complaint on the grounds that it failed to state a claim and that the act’s civil remedy was unconstitutional.” o “The district court dismissed the complaint on grounds that Congress lacked authority to enact the section. The US Court of appeals affirmed the district court’s conclusion.” o Significance = Court limits Congressional authority under the commerce clause. o On May 15, 2000, the United States Supreme Court decided that Congress had no authority to provide victims of gendermotivated violence access to federal courts. In a 54 ruling, the Court decided that the VAWA’s civil rights remedy was unconstitutional and that Congress could not regulate intrastate criminal conduct under the commerce clause, but rather that such issues should be left to the states. The Court found the civil rights remedy to be beyond Congress’s authority to enforce the 14th Amendment because it was directed against private individuals, not state actors. Many consider the United States v. Morrison ruling as a historic loss for women. April 28(Chapter 4 Constitutional Law) ; CASE : Granholm th o State argues that it can make laws to sell wine with 10 amendment rights o 18 amendment = Prohibition . 21 amendment repealed 18 . o Interstate commerce (transferring selling wine to another state) belongs to federal government. o DORMANT commerce clause ^ o Treating wineries differently. State cannot discriminate against outofstate business or treat them differently than instate business o CASE : Bad Frog Brewery v. New York o Label with frog flipping people off. o New York Liquor Authority tells them they have to get rid of logo o Brewery takes it to court because “they have 1 amendment freedom of expression” o Liquor authority power VS. first amendment rights?? o Central Hudson Test deals with commercial speech. Four part test that deals with : Does regulation directly advance government interest Is it more extensive than it needs to be o Strict Scrutiny Test whether there is a compelling government reason for a law, and if the law is tailored to deal with that issue. HARD to pass (discriminatory) o Intermediate Scrutiny Test based on gender, age. Whether there is an important government reason for law and whether law controls issue. o Rational Basis Test economic, zoning laws, curfew. Government typically wins. Prove that government laws are rationally related to a legit government purpose. CASE : Lochner(Superior Court protect judicial rights) 1905 o NY Law; Bake Shop Act= not allothd to work more than 60 hours/week o Right to contract VS. state’s 10 amendment power to create laws to protect health, safety, welfare. o Supreme Court saw that law was bogus. (bake shop labor not severe) o Right to contract WON over 10 amendment o 14 amendment applies due process to state, 15 amendment applies due process to federal. CASE : Plessy v. Ferguson (1896) o Louisiana ; separate but equal st th st o Plessy bought 1 class train ticket. 7/8 white. Refused to leave 1 lass car when told to. o Declaration of Independence states “all men created equal,” o Supreme Court justice didn’t find it illegal. Brown v Board of Education o Korematsu v. U.S. (1942) o Government worried about conspiracy to bomb pacific coast/California border. o U.S. cities v. Japanese o FDR creates executive order that grants military power to imprison Japanese living in US. (Internment camps) o STRICT SCRUTINY TEST discriminatory
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