What happened in City of Philadelphia v. New Jersey?
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What happened?
Surrounding states were dumping trash into New Jersey
Congress, Exclaimed that the law passed in New Jersey was in violation of
DCC
Why a violation of DCC?
The law that New Jersey passed was discriminatory to other states and
affects interstate commerce.
New Jersey argued it was not meant to discriminate but was passed
because of the health and safety of the state.
Congress overrode the law and encouraged New Jersey to find a new way
to deal with the trash issue.
What happened in US v. Lopez?
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Lopez was a case from Texas involving the federal Gun-Free School Zones
Act. Chief Justice Rehnquist: it's time for a clearer test with which to draw
the line between constitutional and unconstitutional use of the commerce
clause.
How does this fit under congress?
Affects interstate commerce, by selling guns
Also, guns act as a shielding effort for kids getting an education. (Scared of
going to school) and therefore will not be able to get good jobs after
graduation which will affect interstate commerce.
How to interpret the ruling against congress in Lopez?
The more congress attempts to intervene in the traditional police powers
of the state with a law based on the commerce clause, the more carefully
the court is likely to scrutinize its connections to the regulation of
commerce. Fact-finding and a rational basis for conclusions are important.
Takeaway: Congress needs to have extensive fact-finding and use
rationality to make sure they are not just stepping over state powers, and
justifying it with the commerce clause.
what torts are Interference with Economic Relations?
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1. Interference with commercial or economic relations includes four
business torts: disparagement, interference with contractual relations,
interference with prospective advantage, and wrongful appropriation of
business interests.
2. Disparagement is a false communication about a product or business.
3. Interference with contractual relations usually takes the form of inducing
a breach of contract.
4. Interference with prospective or potential advantage is considered a
tort, to protect the expectancies of future contractual relations, including
the prospect of obtaining employment, employees, or customers.
5. It is a tort to interfere with another's copyright, patent, trademark, or
goodwill.
,What are nominal damages?
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what is the tortfeasor committed the tort (especially intentionally) but P
suffered no real damages? P is entitled to a small sum to protect "the
dignity of the tort"
What do you call someone who commits a tort?
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tortfeasor
what are Manufacturing Defects?
Product fails to conform to the manufacturers design
Ex. Bicycle chain wrong on bike
encourage manufacturers to continue improving their quality control processes.
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Product fails to conform to the manufacturers design
Ex. Bicycle chain wrong on bike
encourage manufacturers to continue improving their quality control
processes.
What are business interests?
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businesses were the main forces pushing for a federal government,
because it makes the laws across states have some sort of uniformity
What is the first governing document?
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Articles of Confederation (1781-1789)
Where do appeals from administration adjudications go?
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to the agency head or the agency's governing body, if appropriate.
Environmental Appeals Board (EAB)
What is the The Administrative Procedure Act (APA) of 1946?
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APA was intended by congress to provide a reasonably uniform set of rules
for federal administrative agencies, by which they must conduct their
business. APA automatically applies to an agency unless it has been
specifically exempted by Congress (which isn't often)
Give this one a try later!
What happened?
Surrounding states were dumping trash into New Jersey
Congress, Exclaimed that the law passed in New Jersey was in violation of
DCC
Why a violation of DCC?
The law that New Jersey passed was discriminatory to other states and
affects interstate commerce.
New Jersey argued it was not meant to discriminate but was passed
because of the health and safety of the state.
Congress overrode the law and encouraged New Jersey to find a new way
to deal with the trash issue.
What happened in US v. Lopez?
,Give this one a try later!
Lopez was a case from Texas involving the federal Gun-Free School Zones
Act. Chief Justice Rehnquist: it's time for a clearer test with which to draw
the line between constitutional and unconstitutional use of the commerce
clause.
How does this fit under congress?
Affects interstate commerce, by selling guns
Also, guns act as a shielding effort for kids getting an education. (Scared of
going to school) and therefore will not be able to get good jobs after
graduation which will affect interstate commerce.
How to interpret the ruling against congress in Lopez?
The more congress attempts to intervene in the traditional police powers
of the state with a law based on the commerce clause, the more carefully
the court is likely to scrutinize its connections to the regulation of
commerce. Fact-finding and a rational basis for conclusions are important.
Takeaway: Congress needs to have extensive fact-finding and use
rationality to make sure they are not just stepping over state powers, and
justifying it with the commerce clause.
what torts are Interference with Economic Relations?
Give this one a try later!
1. Interference with commercial or economic relations includes four
business torts: disparagement, interference with contractual relations,
interference with prospective advantage, and wrongful appropriation of
business interests.
2. Disparagement is a false communication about a product or business.
3. Interference with contractual relations usually takes the form of inducing
a breach of contract.
4. Interference with prospective or potential advantage is considered a
tort, to protect the expectancies of future contractual relations, including
the prospect of obtaining employment, employees, or customers.
5. It is a tort to interfere with another's copyright, patent, trademark, or
goodwill.
,What are nominal damages?
Give this one a try later!
what is the tortfeasor committed the tort (especially intentionally) but P
suffered no real damages? P is entitled to a small sum to protect "the
dignity of the tort"
What do you call someone who commits a tort?
Give this one a try later!
tortfeasor
what are Manufacturing Defects?
Product fails to conform to the manufacturers design
Ex. Bicycle chain wrong on bike
encourage manufacturers to continue improving their quality control processes.
Give this one a try later!
Product fails to conform to the manufacturers design
Ex. Bicycle chain wrong on bike
encourage manufacturers to continue improving their quality control
processes.
What are business interests?
, Give this one a try later!
businesses were the main forces pushing for a federal government,
because it makes the laws across states have some sort of uniformity
What is the first governing document?
Give this one a try later!
Articles of Confederation (1781-1789)
Where do appeals from administration adjudications go?
Give this one a try later!
to the agency head or the agency's governing body, if appropriate.
Environmental Appeals Board (EAB)
What is the The Administrative Procedure Act (APA) of 1946?
Give this one a try later!
APA was intended by congress to provide a reasonably uniform set of rules
for federal administrative agencies, by which they must conduct their
business. APA automatically applies to an agency unless it has been
specifically exempted by Congress (which isn't often)
