Case Study: Dormant Commerce Clause

In 1969, Massachusetts fashioned the law 40B, famously referred to as the “Anti-Snob Zoning Act”, which allows developers to bypass land use restrictions in towns where less than ten percent of the housing meets the state definition of affordable. There are multiple positions and solutions to friction in Massachusetts largely inspired by controversy surrounding the State's affordable housing law, Massachusetts General Laws chapter 40B between housing advocates and open space advocates. This thesis reviews and critiques the current law, and diagnoses various legislative proposals for the progressive feud.

Chapter 180 of Wisconsin statutes which became effective August 19, 1951 was known and cited as Wisconsin Business Corporation Law. Sections of law that were initially contained in Chapter 180 were moved into Chapter 182 and renumbered thus: 182.001, 182.002 etc. Wisconsin Business Corporation Law was instituted pursuant to Joint Resolution 16S, that was passed by the Wisconsin Legislature in May, 1949. The law was supposed to be accommodative to the Model Act that was authored by the American Bar Association in 1946 (Luce, 1952). This paper seeks to review the Business Corporation Act for Wisconsin and compare its provisions to the Model Business Corporation Act.

This assignment is meant to explore the landmark Supreme Court decision Mapp v. Ohio. It is the purpose of the essay to examine the facts of the controversy, the arguments offered by the petitioner, and discuss as well the Supreme Court's ruling and its possible impact on precedent. The analysis will conclude with my commentary and opinion in regard to the Mapp decision.

This paper was conducted as a Discussion Board Post assigned by Professor J. Reinke of: Liberty University, Graduate School of Business, Lynchburg, Virginia 24515.

Facts: Plaintiffs Carl and Elaine Miles, owners and impresarios of “Blackie, The Talking Cat” brought a lawsuit in U.S. District Court for the S.D. Georgia, challenging the constitutionality of the Augusta, GA, Business License Ordinance. They complained that the ordinance was inapplicable in their case “accepting contributions from pedestrian in the downtown Augusta area, who wanted to hear the cat speak “and that the ordinance violates the rights of speech. The Plaintiffs attacked the ordinance as being unconstitutional and overbroad in contravention of the due process clauses of the Fourteenth Amendment.

The plaintiff, Plessy was criminally liable under the separate but equal statute for using facilities designated for a different race. He was thus found guilty under the fact that the statute reasonably exercised the state police powers with regard to the state’s tradition, usage, and custom. Plessy, thus filed a petition against Justice Ferguson for writs of prohibition and certiorari in the Louisiana Supreme Court on the

In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.

As the result of economic issues, such as the the Tariffs of Abominations in 1828 and the Nullification Crisis in 1832, it becomes apparent that Jackson did what he thought was best for the country. At the beginning of his presidency, Congress passed a protective tariff, the Tariff of 1828, that put taxes on import goods, such as iron and wool. The tariffs were designed to protect the infant industries in the Northern states from British goods driving them out of business. Although it seemed like a good idea, this tariff only benefitted the North. The southerners (especially South Carolina) were enraged since they relied heavily on those imports. Not only that, it was harmful to the South since they had to pay higher prices on imported necessities

In Roger B. Taney's decision in the 1837 Charles River Bridge Case, business was overruled by the rights of the community and the individual, or was it? State's right intervention in commerce was set as a precedent by Taney’s decision despite is claim of support for the liberties of

Question 5: Based on the ruling of the Supreme Court in City of Chicago v. Morales, what protections of the individual do you think must be included in an ordinance proscribing loitering?

This case analyses and discusses about the bank of America and Wells Fargo against the City of Miami. The Bank of America brought the case back to court after it was ruled against them in the first Federal appeal. According to the case, a plaintiff is considered to be “aggrieved” under the title VII with a condition that the person falls under title VII “zone of interest”. The two banks were alleged to be in the discrimination of the African-Americans and the borrowers from the Latino origins. There was a discriminated against issuance of mortgages which would likely lead to a foreclosure. The city lowered the tax revenues and increased spending towards the affected areas. The dimension of this lawsuit was using the fair house act (FHA) of the 1968 civil rights. This lawsuit helps in preventing discrimination of selling, renting and financing the house. The two questions presented include; after there was a limitation in the lawsuit regarding “aggrieved persons”, was there a requirement by the congress that the plaintiff was able to plead more than what the article III stated? The second question was, does the proximity causes require more than the actual possibility that the people defending are protecting the remote plaintiff 's loss of money through contingency chains? This essay aims to discuss the lawsuit and analyze the case fully together with predictions of the results, which might come out at the end of the lawsuit. The analysis of this case entails the

The facts of this case consist of the state of Georgia enacting a law that requires all trucks and trailers operating within Georgia state lines to use contoured rear-fender mudguards. Furthermore, the state of Georgia prohibits the use of straight mudguards by making them illegal. However, straight mudguards are deemed to be legal in 35 other states including Georgia’s neighboring state, Florida- which explicitly requires the use of straight mudguards by law. Lastly, evidence suggests that contoured mudguards may be safer compared to straight mudguards.

The tariff of 1828 which is also known as “Tariff of Abomination” was the main cause of the Nullification Crisis. The Nullification Crisis was the political crisis that started from the year 1832-1833 that involved a confrontation between the federal government and South Carolina. “the tariff of 1828, which raise taxes on imported manufactured goods made of wool as well as on raw materials like iron, had aroused considerable opposition in the South, nowhere more than in South Carolina, where it was called the tariff of abominations” (Foner 391). By assisting the tariff, taxes were raised on imported goods that were paid by the southerners to benefit the North, the legislature would threaten to “nullify” it by giving domestic industries a

The relationship between States and their localities in many cases is strained. State government gives their local governments life, they create the laws for them. However, throughout history, state governments have not treated their localities as they suppose to. That is why the National Conference of State Legislatures (NCSL) stated on the state-local relation “Legislators should place a higher priority on state-local issues than has been done in the past. The time has come to change their attitude toward local governments.” They want the state governments to see localities as partners in the federal system.

The decision in the case focuses on a request by a large and powerful franchisee to eliminate the salad bar in a downtown Roy Rogers location. This decision seems