Questions and Problem CasesPart1Q1- After noticing that Jennifer’s baby was not eating well and was.

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Questions and Problem CasesPart1Q1- After noticing that Jennifer’s baby was not eating well and was small for his age, doctors tested him for drugs. When the test results proved positive, Jennifer admitted to police that she had regularly smoked crack cocaine during her pregnancy. Jennifer was charged with delivery of a controlled substance to a minor by delivering the crack to her baby via the umbilical cord. Has Jennifer violated this statute? Carefully explain the process by which a court will analyze this statutePart2Q .1 One of this country’s richest commercial fishing areas was devastated by a massive oil spill when an oil tanker, the Exxon Valdez, ran aground. The ship’s captain had been treated for alcoholism and returned to work. After the oil spill, his blood test showed a high level of alcohol in his blood. Following the wreck of the tanker, Exxon announced that, even after treatment, known alcohol and drug abusers won’t be allowed to return to so-called critical jobs such as piloting a ship, flying a plane, or operating a refinery, although they will be given other jobs. Exxon Chairman Lawrence Rawl defended the new policy by stating: “Even with close follow-up, there are certain things you can’t have people do.†United Airlines, on the other hand, has a corporate policy of regularly returning pilots to the job after they have received treatment for alcoholism. It believes that not reinstating them would be short-sighted because such a policy would discourage alcoholics from seeking help. Profit maximizers base their arguments against the social responsibility model on several grounds. Specifically, describe the criticism of social responsibility revealed by these conflicting approaches to the alcoholism problem.Q 2. U.S. tobacco companies have discovered an eager market for tobacco products in Eastern Europe. However, of the developed world, life expectancy is shortest in that region of the world and antismoking groups say that in middle age, one-third of all male deaths in Eastern Europe are caused by tobacco. How can tobacco company executives ethically justify targeting this market?Q 3. After someone laced Tylenol capsules with cyanide, killing seven people, Johnson & Johnson (the maker of Tylenol) recalled and destroyed 31 million capsules at a cost of over $100 million. Within six weeks, Tylenol was back on store shelves in new, triple-sealed safety packages. Within three months, Tylenol had recovered 95 percent of its leading market share. In weathering this storm, the company credited its corporate philosophy, which held that the company had four responsibilities: customers, employees, communities, and shareholders. Was Johnson & Johnson assuming a profit maximization or social responsibility posture in responding to this crisis? Explain.Q 4. After toxic fumes leaked from Union Carbide’s pesticide plant in Bhopal, India, over 3,300 people were killed and another 30,000 injured. Two sources later Page 73indicated that Union Carbide had conducted feasibility studies on whether to build the plant in Bhopal. Both sources claimed there was concern inside the company whether such a complex facility could be safely maintained in India. A former Union Carbide engineer who worked on one of the studies claimed that the company was fully aware of the risk. In fact, the company’s final liability—a $465 million settlement—was described as a bargain. This amounted to only a few thousand dollars apiece for families of the dead and injured. Had the disaster occurred in the United States, Union Carbide probably would have had to pay several billion dollars. Would it be ethical for Union Carbide to accept the greater risk of a disaster by locating the plant in India because such a risk would be more than offset by the lower damages it would have to pay there? Explain.Part31- In response to numerous human rights violations perpetrated by the government of Burma (Myanmar), Massachusetts adopted a statute generally barring state entities from buying goods or services from any person (defined to include a business organization) identified on a restricted purchase list of those doing business with that country. The restricted list includes any business (domestic or foreign) that either is currently doing business in Burma or transacts such business at some future date. Three months later, Congress passed a statute (Burma Act) imposing a set of mandatory and conditional sanctions on Burma. This federal law has five basic parts. First, it imposes sanctions directly on Burma. Second, it authorizes the president to impose further sanctions subject to certain conditions. This second section makes clear that the sanctions apply only to U.S. persons or businesses and to new investment in Burma; foreign businesses or U.S. companies already doing business there are exempt from its coverage. Third, the statute directs the president to work to develop a comprehensive, multilateral strategy to bring democracy to and improve human rights practices and quality of life in Burma. Fourth, it requires to the president to periodically report to Congress any progress toward democratization and better living conditions in Burma. And fifth, the president is authorized to waive, temporarily or permanently, any sanctions under the law if he determines and certifies to Congress that the application of such sanction would be contrary to the national security interests of the United States. The National Foreign Trade Council, a nonprofit corporation representing many companies doing business in Burma, argued that the Massachusetts statue was preempted by the federal Burma Act. Is the Massachusetts statute preempted by the federal Burma Act? Explain.2- A city passed an ordinance prohibiting people from camping and/or storing personal possessions on public streets and other public property. The law was challenged as a violation of the constitutional rights of homeless people. Clearly explain the analysis a court will use in determining the constitutionality of the ordinance.3- The Maryland Department of Human Resources revoked a child care center’s license on findings that a number of preschool-age children were victims of physical and sexual abuse while in the center’s care. None of the alleged victims of child abuse testified in any of the proceedings. Instead, the agency acted entirely on hearsay through the parents and others who had spoken with the children. The child care center requested an opportunity to conduct psychological examinations of the alleged victims prior to the hearing. This request was denied. The child care center argued that the decision to revoke its license in the absence of such an examination was a denial of procedural due process. Was the decision to revoke the license a denial of procedural due process?4-Nebraska voters adopted an article to their state constitution that prohibited nonfamily farm corporations from owning and operating Nebraska farm land. MSM Farms, a Nebraska corporation with unrelated shareholders, challenged the family farm measure on the grounds that it violated the equal protection clause of the U.S. Constitution. Specifically, MSM Farms argued that the state’s prohibition of nonfamily corporate farming denied it equal protection because it was not rationally related to achieving any legitimate state purpose. Does the family farm measure discriminate in violation of the equal protection clause?5- Ridge Line owned a large shopping center. The U.S. government purchased property to build a postal facility next to a shopping center owned by Ridge Line. When the postal facility was completed, storm water runoff sharply increased by at least 70 percent. Accordingly, Ridge Line built a storm water detention pond to handle the increased runoff. It asked the Postal Service to share in the cost of constructing the detention facilities. However, the government refused to pay anything. Ridge Line then sued, claiming the additional water flow caused by the development of the Postal Service facility constituted a taking, entitling it to compensation under the Takings Clause of the U.S. Constitution. The Postal Service argued there was no compensable taking because Ridge Line did not suffer a permanent and exclusive occupation by the government that destroyed its possession, use, or disposal of its property. Is the Postal Service correct? Explain.6- Under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), the secretary of state is empowered to designate an entity as a “foreign terrorist organization,†which results in blocking any funds that the organization has on deposit in the United States. The administrative process requires the secretary to compile an administrative record and based upon that record to make findings. However, at no point in the proceedings establishing the administrative record is the alleged terrorist organization afforded notice of the materials used against it, or a right to comment on such materials or the developing administrative record. Nothing in the statute forbids the use of third-hand accounts, press stories, materials on the Internet, or other hearsay regarding the organization’s activities. In fact, the secretary may base the findings on classified material, to which the organization has no access at any point during or after the proceeding to designate it as terrorist. Is this statute constitutional? Explain.7- A Minnesota statute banned the retail sale of milk in plastic nonreturnable containers that are not biodegradable but permitted such sales in other nonreturnable containers, such as paperboard cartons. The statute stated that the purpose of the ban was to Page 89promote resource conservation, ease solid waste disposal problems, and conserve energy. The Clover Leaf Creamery Company challenged the statute on equal protection grounds. It argued that the true purpose of the statute was to promote the interests of certain segments of the local dairy and pulpwood industries at the expense of other segments of those same industries. It also argued that paperboard containers had environmental drawbacks, that they required more energy to produce than did plastic containers, and that plastic containers took up less space at landfills and presented fewer solid waste disposal problems than did paperboard containers. Did the statute violate the Equal Protection Clause?8- Jason Heckel, an Oregon resident, regularly sent unsolicited commercial e-mail, or spam, over the Internet. The Washington State Attorney General’s Office received complaints from Washington recipients of Heckel’s unsolicited e-mail. They alleged that his messages contained misleading subject lines and false transmission paths. The Consumer Protection Division immediately notified Heckel that Washington state law made it illegal to use a third party’s domain name without permission, misrepresent or disguise in any other way the message’s point of origin or transmission path, or use a misleading subject line. Despite this warning, Heckel continued to send his unsolicited commercial e-mails using misleading subject lines, false or unusable return e-mail addresses, and false or misleading transmission paths. Finally, the state sued Heckel for civil damages, asking for a permanent injunction against his business practices. In response, Heckel argued that the Washington statute violated the Commerce Clause. Does the Washington statute unconstitutionally burden interstate commerce?

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