Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 4, Problem 7CP
Summary Introduction
To discuss: Whether the Act is constitutional.
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The National Cooperative Research and Production Act of 1993, 15 U.S.C. §§ 4301-06, exempts certain joint research, development and production activities from the per se rule of antitrust liability, and from the automatic award of attorneys’ fees to a plaintiff who successfully challenges such activities under the antitrust laws. For parties that notify the antitrust agencies of their intent to engage in such activities, it also requires “detrebling” – successful antitrust plaintiffs are entitled only to single damages. Do you support this legislation? Why or why not? Would you support extending these same protections to all competitive conduct that is subject to the US antitrust laws? Which categories of conduct would you include or exclude from such protection? Explain your reasoning.
New York City's charter authorized the New York City Board of Health to adopt a health code that it declared to have the force and effect of law. The board adopted a code that provided for the fluoridation of the public water supply. A suit was brought to enjoin the carrying out of this program on the grounds that it was unconstitutional and that money could not be spent to implement such a program in the absence of a statute authorizing the expenditure. It was also claimed that the fluoridation program was unconstitutional because there were other means of reducing tooth decay; fluoridation was discriminatory by benefiting only children; it unlawfully imposed medication on children without their consent, and fluoridation was or may be dangerous to health [Paduano v. City of New York, 257 N.Y.S.2d 531] Was the code's provision valid? Provide a rationale or explain how you came to this determination.
New York City's charter authorized the New York City Board of Health to adopt a health code that it declared to have the force and effect of law. The board adopted a code that provided for the fluoridation of the public water supply. A suit was brought to enjoin the carrying out of this program on the grounds that it was unconstitutional and that money could not be spent to implement such a program in the absence of a statute authorizing the expenditure. It was also claimed that the fluoridation program was unconstitutional because there were other means of reducing tooth decay; fluoridation was discriminatory by benefiting only children; it unlawfully imposed medication on children without their consent, and fluoridation was or may be dangerous to health.
Was the code's provision valid?
Provide a rationale or explain how you came to this determination.
Chapter 4 Solutions
Smith and Roberson’s Business Law
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