State of Confusion Paper BUS/415 This case is between the B-type truck manufacturer in the state of Confusion and Tanya Trucker in the state of Denial. The case is about Tanya’s dislike with the state of Confusion, requiring anyone wishing to drive trucks in the state to install a B-type hitch. The hitch is manufactured only by one supplier in Confusion, so any truck that has to drive through the state must stop at that supplier and have the hitch installed or be held liable for any added expense while driving around the state of Confusion. Tanya Tucker owns a trucking company in the state of Denial and is upset about the situation in the state of Confusion and is planning to sue the state to have the statute overturned. The tenth Amendment
State of Confusion The state of Confusion has promulgated a statute necessitating all trucks and towing trailers that travel its highways to use a B-type truck hitch. As a result of this statute, any trucker who wants to drive through Confusion must stop and have the new hitch installed or drive around Confusion. Moreover, only one manufacturer in Confusion produces this hitch. The federal government has not made any effort to standardize truck hitches being used on highways in the United States. Tanya Trucker owns a trucking company in the state of Denial and is not happy about the added expense this statute forces on her business.
Obviously, the federal court should have jurisdiction over the suit because this case involves federal government regulations and the state of Texas is violating the Commerce Clause by unduly burdening interstate commerce, which should make their statute unconstitutional. First, there is only one place located in Texas that manufactures the Z-hitch and the state requires any trucker driving through the state to stop and have the Z-hitch installed. Secondly, the federal government has not made any regulations requiring truck hitches to be used on the nation’s highways. Lastly, the cost to add a z-hitch to a truck is not cheap, not to mention for a trucking company. Dixon Trucking Co. should bring the lawsuit to U.S. District Court; his claim will be that the federal law preempted Texas’ statute.
By taking responsibility, Dalman and Lei recognize that they are in violation of the new laws. They can make changes to make sure that their locations are in legal compliance. A simple solution could be to remove the housing that encloses the dumpsters being currently used by Sandwich Blitz, Inc., that would free up the extra space from the property line needed to allow the company to meet the criteria for the laws they are in violation of. There are also 2 yard dumpsters which are smaller commercial dumpsters commonly used by small
Newcomers are particularly vulnerable to the disease because the exposure to dust seems to build up immunity among the residents. Bud became quite ill and brought suit against the car manufacturer that invited him for its failure to warn him about the valley fever phenomenon before he came out to the testing grounds. Answer the following questions, and use cases and theories from the text to support your arguments: Was there negligence in the failure of General Motors to warn Bud? (15 points) Discuss all defenses General Motors may have. (15 points) Does strict liability in torts apply to this situation?
Northfield Farms does not qualify for any exemptions under the Act as it is a CAFO. It owns more than 700 cows, and does not grow crops where the cows are penned. The existence of pipes and machines for manure dispersal further meet the criteria for point sources (C.A.R.E v Southview Farms, 1994). In sum, Northfields needs a permit to dispose of the waste, and should be fined. Also, the excessive manure present in rainwater runoff during heavy storms cannot be called “agricultural stormwater discharges.” In C.A.R.E v Southview Farms, “The run-off was primarily caused by the over-saturation of the fields rather than the rain and that sufficient quantities of manure were present so that the run-off could not be classified as "stormwater.
Lawsuits citing First Amendment rights of panhandlers have caused many communities to abandon their pursuit. A recent legal battle with the American Civil Liberties Union cost the city of Boise, Idaho forty-five thousand dollars in reimbursement of plaintiff legal fees (Berg, 2014). Arlington Municipal Code should direct its restrictions to other venues. Rather than attempting to prevent panhandlers from begging on highway exit ramps, an ordinance should be drafted focusing on less-controversial elements of panhandling. For example, an ordinance requiring motorist to pull out of the lane of traffic and legally park their vehicle prior to engaging activity with a pedestrian would have a direct impact on panhandling without inciting constitutional issues.
government to further restrict entry through its ports and the 6,000 miles along the Mexican and Canadian borders. The Bush Administration and Congress have introduced legislation often at partisan odds with one another’s perception on how the borders can most effectively be secured. The Bush administration, along with the Department of Homeland Security, pledge to increase border patrol agents by 18,300, construct 370 miles of fencing, and install 105 camera and radar towers along the northern and southern American borders by December 31, 2008. The process of “catch and returning” illegal immigrants instead of issuing a court appearance before an immigration judge, which most illegal immigrants fail to attend, will be instituted according to the Bush Administration. Catching and returning illegal immigrants involves apprehending the illegal alien at the border or those already involved in society and returning them to their native coimmigrants instead of issuing a court appearance before an immigration judge, which most illegal immigrants fail to attend, will be instituted according to the Bush Administration.
There are many other people who are in the same situation and struggling to survive. I don’t think that unemployment benefits should be a lifelong crutch; however there needs to be a change to assist. People who have been diligently looking for jobs, going on interviews and settling for lower incomes are losing their homes, vehicles, services and self-dignity. There needs to be something formed to protect them and rehabilitate them. My mother now lives and depends on me not because she desires to but she has no other choice; this is not fair.
We do not officially sanction the use of beating & torture or execution for sex crimes. The printing of sex offender on one’s driver’s license as well as posting of warnings on websites could be seen as opening the door to vigilante behavior. Personally, I have no problem, just some pause, with such notifications, but there may be court challenges by some civil libertarian groups in re to such practices. There are even sex offender advocacy groups, such as ReformSexOffenderLaws.Org, set up for the purpose of modifying/overturning laws they perceive as unfair. The disconcerting thing is that on some issues a valid point is made practically as well as