Facts: Section 3(c)(1)(D)(ii) of FIFRA authorizes EPA to consider certain previously submitted data only if the "follow-on" and registrant has offered to compensate the original registrant for use of the data. The legislation provides for binding arbitration. However, if the registrants fail to agree on compensation, the arbitrator's decision is subject to judicial review only for "fraud, misrepresentation, or other misconduct." The manufacturing firms engaged in the development and marketing of chemicals used in pesticides, appealed the EPA decisions and began proceedings in Federal District Court to challenge the constitutionality of the arbitration provisions. They argued EPA violated Article III of the Constitution by allocating to arbitrators the functions of judicial officers and by limiting
I believe the Constitution did a better job of protecting liberties, specifically in the areas of the federal court system, representation of the people, and the levy of taxes. Alexander Hamilton, statesman and economist, proclaimed "Laws are a dead letter without courts to expound and define their true meaning and operation”. The Articles of Confederation which gave rise to the Confederation government that took effect in March 1781, did not give the national government any means to enforce the federal laws. The states could, and often did, choose to interpret or enforce federal laws in any manner they saw fit. This led to disputes amongst the states that could not be readily settled, as it relied on each state’s court system which invariably chose to discount the ruling of the other states.
The Westerly licensing ordinances do not even approach the necessary level of specificity constitutionally mandated, and the plaintiffs have a high likelihood of success. Prior Proceedings: Plaintiffs moved for a temporary restraining order prohibiting the defendants from holding a show cause hearing on September 24, 1990, concerning revoking the plaintiff’s entertainment license. The plaintiffs’ moved for a preliminary injunction and met the requirements. Defendants failed allege sufficient harm. Issue: Are the ordinances written by the Westerly Town council constitutional under the First and Fourteenth Amendments?
Marshall studied the case in a manner that helped to create the Judicial Review, which allows congress to study the constitutionality of a law. Marshall stated that Marbury is correct in the fact that he is deserving of an appointment, yet the Judicial Act of 1789 is unconstitutional so the court can't give him an appointment. In this case Marshall stated the powers given to the Supreme Court in the Constitution. By using the Marbury v. Madison case, Marhsall was able to create the Judicial Review which gave more power to Federal government, and thus helping his ideas as a federalists. John Marshall also used the powers of Congress and the relationship between federal and state authorities to end a dispute between national and state law regarding banks—McCulloch v. Maryland in 1819.This time was during the Era of Good Feelings as James Monroe was president.
Enacted originally in 1948, the Act was amended many times until it was reorganized and expanded in 1972. Primary authority for the implementation and enforcement of the Clean Water Act is now the responsibility of the U.S. Environmental Protection Agency (EPA). Under the Clean Water Act, the states have the primary responsibility for preventing, reducing, and eliminating water pollution. The states have to do this within a national framework and, EPA is empowered to move in if the states do not fulfill their responsibilities. (Ch52,pg1355) Works Cited: Business Law 14th Edition, Mallor, Barnes, Bowers, Langvardt, Chapter 52, page 1355.
Young has already taken an integral first step by using his FDA authority and codifying the non-applicability of the “life-threatening conditions” exemption to RU-486. The proclamation was issued by a professional member of the FDA, not a political appointee, giving it further legitimacy and protecting it from future political power shifts. By incorporating this into official FDA rules there is precedence for preventing future importation of RU-486 or other abortion related
2008 <http://www.abanet.org/publiced/practical/bankruptcy7.html>. 2. U.S. Courts. "Chapter 7-Bankruptcy Basics." U.S. Courts.
Basic Principles of the War Powers By Louis Fisher Article Review Abstract The article by Louis Fisher entitled Basic Principles of the War Powers examines the history and established regulation of war declaration under Article I of the United States Constitution. The framers of the Constitution of the United States specified that the executive power of war would be transferred to Congress as a measure to prevent the establishment of a monarchy form of government. After World War II, the power of Congress to grant war powers to the President has appeared circumvented because of conflicts in Korea and Vietnam without specific approval from Congress. The article by Louis Fisher outlines the power vested in Congress to grant war
Pepperdine University, Aug. 2002. Web. 19 Feb. 2011 <http.//gbr.pepperdine.edu/2010/08/reforming-corporate-america/>. Coenen, Tracy L. “Reflections on Sarbanes-Oxley Act of 2002.” Wisconsin Law Journal 2007 n.p. Web.
1. Executive branch 1. Name the president & party affiliation: Barack Obama is affiliated with the democratic party  2. Name the vice president &party affiliation: Joesph Robinette Biden belongs to the democratic party  3. When were thy elected: January 20th 2009 4.list their term in the office 2009-2012 5.