Business Law, Texts and Cases 14th ed. Clarkson, Miller and Cross. ISBN: 9781305967250; Publisher:
1. What does the privileges and immunities clause prevent states from doing? Consider the following:
a. Florida charges a state tax on non-food items purchased within its borders. Since it is a hot-bed for tourism Florida wants to charge an 8% tax on non-food items for non-FL residents. Is this allowed? Explain.
b. Currently, in NY for any traveler to New York State from a noncontiguous state, US territory or CDC level 2 and higher country, the traveler must complete a mandatory quarantine for 10 days upon entering NY. Contiguous states do not have to follow this rule. Does this violate the privileges and immunities clause – explain.
2. Does the full faith and credit clause in Article 4 of the Constitution allow NY to recognize Nicole and Tony’s marriage that occurred in FL? Or do they have to get a marriage certificate in FL too?
3. Does Congress have the power to regulate both interstate and intrastate commerce? Explain. What clause in the Constitution gives them the power to do so?
a. If NY passed a law that prohibited the sale in NY of any milk made outside of NY, would this law be constitutional? Why or why not? Which clause of the Constitution comes into play?
4. Is Corporate political speech protected under the First Amendment? Explain in 2 sentences.
5. What is corporate commercial speech? How does it differ from corporate political speech? Is corporate commercial speech completely protected by the First Amendment? When is a law allowed to restrict corporate commercial speech?
6. Is there any kind of speech that is not protected by the First Amendment? Explain
7. Some high school students held up a sign that said “Bong Hits for Jesus” at an off-campus but school sanctioned event. School officials confiscated the banner and suspended the students for 10 days. Were the students constitutional rights violated? Explain in 3 sentences or less.
8. Mount Soledad is a prominent hill in San Diego. There has been a 40 foot cross on top of the hill since 1913. In the 1990s a wall with veterans names was constructed on the hill. In 2006 the site was transferred to the local government from a private owner. Steve Trunk and the Jewish war veterans filed a suit in federal court saying that the cross violated the establishment clause of the Constitution. Do you agree that the display violates the establishment clause?Explain.
9. What individual rights do the 4th and 5th amendment protect? Explain.
10. When may your employer:
A. Video employees?
B. Search your computer?
C. Record your phone calls?
