LAW 531 Week 6

$10.00

Prepare a Powerpoint presentation of no more than 15 minutes.  In week 5, I will assign teams a set or multiple sets (depending on the number of teams) the Question #(s) to answer.

Your presentation should explain to the class the answers to the following questions:

Question 1: Explain the term of office for board of directors. Give an account of the director’s and corporate officer’s duty of care towards the corporation. Explain Self-dealing. And finally, What is the CEO and CFO provision laid out by the Sarbanes-Oxley Act of 2002?

Question 2: Distinguish between general government regulation and specific government regulation. Explain in brief the types of federal administrative agencies with examples. Distinguish between substantive rules and interpretive rules. What is a statement of policy? When are searches by administrative agencies considered reasonable? And finally, How is the general public protected from harassment by administrative agencies?

Question 3: What is the United Nation’s Biosafety Protocol for genetically altered food? Give an account of the regulation of medicinal devices in the United States? What are the powers of the Consumer Product Safety Commission? Name some consumer products excluded from the purview of CPSC.

Question 4: Describe the purpose and requirements of an EIS? Give an account of state environmental protection laws. Explain the nature and enforcement of the NAAQS? Describe any two legislations that have been implemented to minimize the damage caused by oil spills. How are endangered species protected in the United States? Name three laws that protect wildlife species.

Question 5: Give an account of the Noerr doctrine. How is a relevant market identified by Section 2 of the Sherman

Act? What is a premerger notification? Explain the process outlined by the Hart-Scott-Rodino Antitrust Improvement

Act to execute a merger. What are the three statutory defenses under the Robinson-Patman Act for price

discrimination? Give an account of state antitrust laws.

Rubric will be provided in week 5.

 

WEEk 6 Quiz

  • 1

Which of the following is an international organization of 153 member nations created in 1995 to promote and enforce trade agreements among member countries and customs territories?

International Monetary Fund

North American Free Trade Commission

General Agreement on Tariffs and Trade

World Trade Organization

Correct

  • 2

Which of the following is required under the Biosafety Protocol sponsored by the United Nations in the year 2000?

Genetically altered foods must be shipped in separate containers from foods that are not genetically altered.

All genetically altered foods must be clearly labeled as such.

Nations are free to prohibit the import of genetically altered foods without violating free-trade agreements.

Whenever genetically altered foods are offered for sale, comparable food that is not genetically altered must be made available at a comparable price.

Correct

  • 3

________ is a clause in an international contract that designates which nation’s laws will be applied in deciding a dispute arising out of the contract.

Choice of law clause

Supremacy Clause

Equal Protection Clause

Forum-selection clause

Correct

  • 4

Three of the largest automobile dealers agreed among themselves as to what price they would pay to manufacturers for windshields to put in new vehicles. Would this constitute illegal price fixing? If so, what kind?

No. This is not illegal price fixing.

Yes. This is buyers’ illegal per se price fixing.

Yes. This is sellers’ illegal per se price fixing.

Yes. This is both buyers’ and sellers’ illegal per se price fixing.

Correct

  • 5

Which of the following products would be covered by the Consumer Product Safety Act?

Aircraft

Toys

Automobiles

Firearms

Correct

  • 6

Which of the following is codified under the Foreign Sovereign Immunities Act?

The choice of forum clause

The act of state doctrine

The principle of restricted immunity

The supremacy clause

Correct

  • 7

Which of the following is provided under the Foreign Sovereign Immunities Act?

It regulates commerce between the United States and foreign nations.

Category: Tag:

Description

LAW 531 Week 6

WEEK SIX PRESENTATION

OVERVIEW:

  • Government regulations of Business
  • Federal Administrative Agencies
  • Substantive Rules and Interpretive rule
  • Statement of policy
  • Reasonable Searches
  • Protection from Harassment
  • United Nation’s Biosafety Protocol for genetically altered food
  • Consumer product safety commission (CPSC)

 

GOVERNMENT REGULATIONS OF BUSINESS:

  1. Laws that all businesses/industries must follow unless it meets the criteria for exemption
  • National Labor Relations Board (NLRB)  regulates the formation and operation of labor unions in most industries and businesses in the U.S.  Example:  AFL-CIO for global trade and economic issues.
  • Occupational Health and Safety Administration (OSHA) regulate workplace safety.. Example:  Worker Safety
  • The U.S Equal Employment Opportunities Commission (EEOC) enforces equal opportunity in employment laws that cover most workers in the United States. Example: Anti-discrimination laws and Title VII
  1. Laws that regulates only specific industries; an administrative agency

(Cheeseman, 2013, p.728),

  • The Federal Communications Commission (FCC) issues licenses and regulates the operation of television and radio stations.
  • The Federal Aviation Administration (FAA) regulates the operation of commercial airlines.
  • The federal Office of the Comptroller of the Currency regulates the licensing and operation of national banks.

FEDERAL ADMINISTRATIVE AGENCIES:

Federal administrative agencies are appointed by the congress

Many of these agencies report directly to the president of the United States. These agencies are known as the Cabinet Level Federal Departments. The Cabinet Level Federal Departments are:

  • Department of State
  • Department of defense, police
  • Department of Homeland Security
  • Department of Commerce
  • Department of Education
  • Department of Agriculture
  • Department of Labor

These departments guide the presidents by enforcing laws made by the congress.

These departments work closely with the president because they are also regulated by the president. The president presents idea to help he United States safer, encourage and support education, and making sure through these departments the country is safe and regulating to achieve more.

Therefore, these departments recommend, advise the presidents of laws that can conflict or to abide by when making the right decision.

Independent Federal Administrative Agencies:

Independent Federal Administration Agencies are also appointed by the congress. They are specially organized for the main parts of the United States economy. These agencies and art of the congress, They do not work directly with or advise the president.

  • S. Securities and Exchange Commission: In charge of regulating insurance and securities.
  • Federal Trade Commission: In charge of making sure the United States complies by all international trading laws and regulation.
  • Federal Communications Commissions: are media, television, and radio.
  • Federal Aviation Administration: Ensures safety and regulatory of airplanes and airspace of the United States.

Substantive Rules

  1. Substantive rules: Administrative agencies are authorized through federal statutes to issue rules (statutes); subject to judicial review and proposed rules must follow procedures in the APA. Violators of these laws can be held civilly or criminally liable.
  2. APA: the administrative procedure act.
  3. In Review, a 4th step may be added for a formal rule making process. The agency must conduct a trial-like hearing with evidence, cross-examination, rebuttals, etc.

PPT ATTACHED AS WELL!!!!!

Reviews

There are no reviews yet.

Be the first to review “LAW 531 Week 6”

Your email address will not be published. Required fields are marked *