Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 4, Problem 12CP
Summary Introduction
To discuss: Whether the racial discrimination restrict interstate commerce.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solutionStudents have asked these similar questions
In January 2016 Ben Sisko bought a “Quark's Burgers” franchise in Montana. Quark's Burgers has over 100 franchisees, and its franchise agreement states that all franchisees must offer menu items as directed by Quark's Burgers, and that the failure to do so could result in the immediate termination of the franchise. Ben bought the franchise because he was a vegetarian, and its menu was free of meat products. In addition, Ben's religion forbids the eating of any meat products.
Ben's franchise was very successful, and every year he received an award from Quark's Burgers for being one of the top 10% of its franchisees.
In April 2019 Quark's Burgers changed its menu; among the changes included breakfast sandwiches with bacon, ham, or sausage. Ben refused to sell these items at his store on the ground that his religion forbids the eating of pork products.
In January 2020 Ben opened a second franchise, at which he also refused to sell products with meat products. Ben's franchises…
Indian Coffee Company, a coffee roaster in Pittsburgh, Pennsylvania, sold its Breakfast Cheer coffee in the Pittsburgh area, where it had an 18 percent market share, and in Cleveland, Ohio, where it had a significant, but smaller, market share. Late in 1971, Folger Coffee Company, then the leading seller of branded coffee west of the Mississippi, entered the Pittsburgh market for the first time. In its effort to gain market share in Pittsburgh, Folger granted retailers high promotional allowances in the form of coupons. Retail customers could use these coupons to obtain price cuts. Redeeming retailers could use the coupons as credits against invoices from Folger. For a time, Indian tried to retain its market share by matching Folger’s price concessions, but because Indian operated in only two areas, it could not subsidize such sales with profits from other areas. Indian, which finally was forced out of business in 1974, later filed a Robinson—Patman suit against Folger. At trial,…
The state of Alabama enacted a statute that imposed a tax on premiums earned by insurance companies. The statute imposed a 1 percent tax on domestic insurance companies (i.e., insurance companies that were incorporated in Alabama and had their principal office in the state). The statute imposed a 4 percent tax on the premiums earned by out-of-state insurance companies that sold insurance in Alabama. Out-of-state insurance companies could reduce the premium tax by 1 percent by investing at least 10 percent of their assets in Alabama. Domestic insurance companies did not have to invest any of their assets in Alabama. Metropolitan Life Insurance Company, an out-of-state insurance company, sued the state of Alabama, alleging that the Alabama statute violated the Equal Protection Clause of the U.S. Constitution. Who wins and why? Explain your answer.
Chapter 4 Solutions
Smith and Roberson’s Business Law
Knowledge Booster
Similar questions
- Ivan was killed in action while serving in Iraq. His duty station at the time he was deployed was Fort Moore, Georgia, where he and his wife, Natasha, had lived for the previous three years. In October 2023, Natasha chose to move back to Staten Island, New York, where they lived at the time Ivan enlisted. The cost to move their household goods was $4,800; Natasha drove 965 miles and spent $350 for two nights of lodging. Natasha received $5,810 of reimbursement from the military. The taxable amount of Natasha's reimbursement is 562 $5,362 $350 $448 $arrow_forwardThe U.S. Polo Association (USPA) is a not-for-profit corporation that is thegoverning body of the sport of polo in the United States. It has been in existence since 1890 and derives the majority of its revenue from royalties obtained from licensing its trademarks. It owns more than 900 trademarks worldwide, including marks bearing the words “U.S. Polo Assn.” with the depiction of two polo players for licensees on products sold in the apparel category. In 2009 it produced 10,000 units of a men’s fragrance using packaging featuring its logo as used on apparel. Since 1978 PRL (Polo Ralph Lauren) and its licensee of PRL trademarks, L’Oreal, have used the mark known as the “Polo Player” logo on men’s fragrances with its logo containing one player. The fragrance has been sold for 32 years and it was voted into the industry’s Hall of Fame. PRL sued USPA. What must PRL establish to prevail in an action for trademark infringement? How would you decide this case?arrow_forwardThe State of Florida has passed a statute nullifying any marriage that has previously been recognized, as well as outlawing any future marriages, for anyone who did not attend college. The statute gives no notice to any married couple and gives them no ability to challenge the statue. This statute has been challenged as unconstitutional by a group of married individuals as well as marriage equality groups. The groups have filed a Writ of Certiorari with the Supreme Court of the United States, which was granted. You are a law clerk for one of the nine Supreme Court Justices. Your task is to outline what arguments might be filed in a brief filed by both sides of this issue, so your Justice will be prepared for the arguments made by either side. Please include arguments for those supporting and those opposing the law. These arguments should focus on: 1. The Equal Protection clause and the Due Process Clause (what analysis will a court perform to decide if there is a violation of these…arrow_forward
- E-Z-Rest Motel is a motel with 216 rooms located in the center of a large city in State Y. It is readily accessible from two interstate highways and three major State highways. The motel advertises in several travel magazines and approximately 40% of its registered guests are from outside of State Y. An action under the Federal Civil Rghts Act has been brought against E-Z-Rest Motel alleging that the motel discriminates on the basis of race and color. The motel contends that the statute cannot be applied to it because it is not engaged in interstate commerce. Can the Federal government regulate this activity under the Commerce Clause? Why? Be sure to explain yourarrow_forwardWhich exceptions public policy, implied contract, and implied covenant of good faith exceptions are recognize in the state of Arkansas?arrow_forwardSuggest some measures to enhance the principles governing the doctrine of separation of powers.arrow_forward
- Mildred and Richard Loving purchased a home in Inkster. At the time, there was a gravel pit across the street. Five years later, Wayne County converted the pit to a landfill. Under the county’s operation, the landfill accepted major appliances, household garbage, spilled grain, grass clippings, straw, manure, animal carcasses, containers with hazardous content warnings, leaking car batteries, and waste oil, among other things. The deposits were often left uncovered, attracting insects and other scavengers and contaminating the groundwater. Fires broke out, including at least one started by an intruder who entered the property through an unlocked gate. The Lovings complained but no changes were made. They then sued Wayne County and the State of Michigan, alleging violations of federal environmental laws. Those laws were designed to minimize the risks of injuries from fires, scavengers, groundwater contamination, and other pollution dangers. Did the Lovings have standing to sue? a.…arrow_forwardBusiness law Describe the constitutional foundations of administrative law, including the separation of powers, the non-delegation doctrine, and the due process rights of individuals affected by administrative actions.arrow_forwardManagement Agency Relations and the Duty of Loyalty Company A is a manufacturer of consumer electronics products. They hired Agency B to handle their sales and distribution in a specific region. As part of the agreement, Agency B was given exclusive rights to distribute Company A's products in that region. However, Company A has been receiving complaints from retailers and customers about the poor quality of service provided by Agency B. In addition, Company A has discovered that Agency B has been selling its products to unauthorized retailers, violating the exclusive distribution agreement. What should Company A do?arrow_forward
- In 1961, Ford Motor Company acquired Autolite, a manufacturer of spark plugs, in order to enter the profitable aftermarket for spark plugs sold as replacement parts. Ford and the other major automobile manufacturers had previously purchased original equipment spark plugs (those installed in new cars when they leave the factory) from independent producers such as Autolite and Champion, either at or below the producer’s cost. The independents were willing to sell original equipment plugs so cheaply because aftermarket mechanics often replace original equipment plugs with the same brand of spark plug. GM had already moved into the spark plug market by developing its own division. Ford decided to do so by means of a vertical merger under which it acquired Autolite. Prior to the Autolite acquisition, Ford bought 10 percent of the total spark plug output. The merger left Champion as the only major independent spark plug producer. Champion’s market share thereafter declined because Chrysler…arrow_forwardGlobal Crossing The company was founded in 1997 to provide a trans-Atlantic cable to carry telephone and data traffic. Using high-bandwidth optical fiber, the company was able to sell capacity at less than half the price of existing competitors. After six months of operations, Global Crossing offered stock to the public, and the resulting price valued the firm at an astounding $19 billion. Six months later it was valued at $38 billion, more than the Ford Motor Company. The cable technology was not proprietary and data-carrying capacity was a commodity. That meant that customers could easily switch from one supplier to another, putting them in a powerful bargaining position. Furthermore, customers were price-sensitive. Even worse, the threat of entry was high, and other companies were entering the business, fueled by easy financing. High fixed costs but near-zero marginal costs (the cost to carry one more piece of data) led to fierce price competition within the industry. As new…arrow_forwardThe National Society of Professional Engineers (Society) had an ethics rule that prohibited member engineers from disclosing or discussing price and fee information with customers until after the customer had hired a particular engineer. This rule against competitive bidding was designed to maintain high standards in the field of engineering. The Society felt that competitive pressure to offer engineering services at the lowest possible price would encourage engineers to design and specify inefficient, unsafe, and unnecessarily expensive structures and construction methods. According to the Society, awarding engineering contracts to the lowest bidder, regardless of quality, would be dangerous to the public health, safety, and welfare. The Society emphasizes that the rule is not an agreement to fix prices. Rather, it claims the rule was drafted by experienced, highly trained professional engineers to prevent public harm and is therefore reasonable. Does the rule unreasonably restrain…arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
- Understanding BusinessManagementISBN:9781259929434Author:William NickelsPublisher:McGraw-Hill EducationManagement (14th Edition)ManagementISBN:9780134527604Author:Stephen P. Robbins, Mary A. CoulterPublisher:PEARSONSpreadsheet Modeling & Decision Analysis: A Pract...ManagementISBN:9781305947412Author:Cliff RagsdalePublisher:Cengage Learning
- Management Information Systems: Managing The Digi...ManagementISBN:9780135191798Author:Kenneth C. Laudon, Jane P. LaudonPublisher:PEARSONBusiness Essentials (12th Edition) (What's New in...ManagementISBN:9780134728391Author:Ronald J. Ebert, Ricky W. GriffinPublisher:PEARSONFundamentals of Management (10th Edition)ManagementISBN:9780134237473Author:Stephen P. Robbins, Mary A. Coulter, David A. De CenzoPublisher:PEARSON
Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON