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Business Law Chapter 4 Homework Wooden Appealed His Conviction Arguing That Violated

Page Count
9 pages
Word Count
5736 words
Book Title
Business Law: Text and Cases 14th Edition
Authors
Frank B. Cross, Kenneth W. Clarkson, Roger LeRoy Miller
1
CHAPTER 4
BUSINESS AND THE CONSTITUTION
ANSWERS TO CRITICAL THINKING
QUESTIONS IN THE FEATURE
MANAGERIAL STRATEGYBUSINESS QUESTIONS
1A. Can a business manager’s religious beliefs factor into the business’s hiring
treatment of same-sex partners? Why or why not? No, a business manager should avoid
letting her or his religious beliefs factor into the business’s treatment of same-sex partners with
regard to family and medical leave and health insurance.
Although many religions disapprove of same-sex relationships, treating same-sex
partners less favorably than heterosexual employees with respect to employment benefits may
lead to legal challenges and to disgruntled employees. The general public increasingly believes
that homosexual couples should be entitled to equal treatment under the law. It stands to reason
2A. Must business owners in all states have to provide the same benefits to employees
in a same-sex union as they do to heterosexual couples? It seems likely that eventually,
most states will recognize the rights of same-sex couples, particularly with regard to
employment benefits, such as family and medical leave and health insurance. The public
perception of same-sex unions has changed, and many of the firm’s employees may support
equal treatment of homosexual couples in such matters. Therefore, the owner of a business
2 UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
ANSWERS TO QUESTIONS
AT THE ENDS OF THE CASES
CASE 4.1CRITICAL THINKING
WHAT IF THE FACTS WERE DIFFERENT?
If this case had involved a small, private retail business that did not advertise nationally,
would the result have been the same? Why or why not? It is not likely that the result in this
case would have been different even if the facts had involved a small, private retail business
that did not advertise nationally. The intended impact of the decision in Heart of Atlanta was to
uphold the constitutionality of the Civil Rights Act of 1964 and the power of Congress to regulate
CASE 4.2CRITICAL THINKING
WHAT IF THE FACTS WERE DIFFERENT?
If Bad Frog had sought to use the offensive label to market toys instead of beer, would
the court’s ruling likely have been the same? Why or why not? Probably not. The reasoning
underlying the court’s decision in the case was, in part, that “the State’s prohibition of the labels
. . . does not materially advance its asserted interests in insulating children from vulgarity . . .
LEGAL ENVIRONMENT
Whose interests are advanced by the banning of certain types of advertising? The
government’s interests are advanced when certain ads are banned. For example, in the Bad
Frog case, the court acknowledged, by advising the state to restrict the locations where certain
ads could be displayed, that banning of “vulgar and profane” advertising from children’s sight
arguably advanced the state’s interest in protecting children from those ads.
CASE 4.3LEGAL REASONING QUESTIONS
1. What is the standard for determining whether a government restriction on a religious
practice is constitutional under the First Amendment? The First Amendment states that the
government may not prohibit the free exercise of religious practices. This is the free exercise
clause. The standard for determining whether a restriction on a religious practice is
2. How did that standard apply to the prison guards’ conduct in this case? In the
Thompson case, the plaintiff, a Muslin prison inmate, alleged that he was denied an
accommodation provided to other Muslim inmatesmeal bags distributed nightly during the
month of Ramadan to break the religious sunrise-to-sunset fast. He further claimed that this
denial was a substantial burden on the free exercise of his religion.
3. Were all of the guards personally involved in the alleged violation of the First
Amendment? Explain. In this case, the court determined that there was sufficient evidence in
the circumstances for a reasonable jury to find that all of the defendants were involved in the
restriction imposed on the plaintiff. The restriction consisted of denying the plaintiff, a Muslim
4 UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
ANSWERS TO QUESTIONS IN THE REVIEWING FEATURE
AT THE END OF THE CHAPTER
1A. Equal protection
When a law or action limits the liberty of some persons but not others, it may violate the equal
protection clause. Here, because the law applies only to motorcycle operators and passengers,
it raises equal protection issues.
2A. Levels
The three levels of scrutiny that courts apply to determine whether the law or action violates
equal protection are strict scrutiny (if fundamental rights are at stake), intermediate scrutiny (in
3A. Standard
The court would likely apply the rational basis test. Similar to seat-belt laws and speed limits, a
statute requiring motorcyclists to wear helmets involves the state’s attempt to protect the welfare
4A. Application
The statute is probably constitutional, because requiring helmets is rationally related to a
legitimate government objective (public health and safety). Under the rational basis test, courts
rarely strike down laws as unconstitutional, and this statute will likely further the legitimate state
interest of protecting the welfare of citizens and promoting safety.
ANSWER TO DEBATE THIS QUESTION IN THE REVIEWING FEATURE
AT THE END OF THE CHAPTER
Legislation aimed at “protecting people from themselves” concerns the individual
as well as the public in general. Protective helmet laws are just one example of such
legislation. Should individuals be allowed to engage in unsafe activities if they choose to
do so? Certainly many will argue in favor of individual rights. If certain people wish to engage in
risky activities such as riding motorcycles without a helmet, so be it. That should be their
choice. No one is going to argue that motorcycle riders believe that there is zero danger when
riding a motorcycle without a helmet. In other words, individuals should be free to make their
CHAPTER 4: BUSINESS AND THE CONSTITUTION 5
ANSWERS TO ISSUE SPOTTERS
AT THE END OF THE CHAPTER
1A. Can a state, in the interest of energy conservation, ban all advertising by power
utilities if conservation could be accomplished by less restrictive means? Why or why
not? No. Even if commercial speech is neither related to illegal activities nor misleading, it may
be restricted if a state has a substantial interest that cannot be achieved by less restrictive
2A. Suppose that a state imposes a higher tax on out-of-state companies doing
business in the state than it imposes on in-state companies. Is this a violation of equal
protection if the only reason for the tax is to protect the local firms from out-of-state
competition? Explain. Yes. The tax would limit the liberty of some persons (out-of-state busi-
nesses), so it is subject to a review under the equal protection clause. Protecting local
ANSWERS TO BUSINESS SCENARIOS
AT THE END OF THE CHAPTER
4-1A. Commerce clause
A Georgia statute that requires the use of contoured rear-fender mudguards on trucks and
trailers operating within its state lines, when thirty-five other states make it legal to use straight
mudguards and Florida explicitly mandates the use of straight mudguards, would violate the
commerce clause. This hypothetical question is based on Bibb v. Navajo Freight Lines, Inc.
42A. Equal protection
According to the standards applied to determine compliance with the equal protection clause,
this ordinance’s classification—a gender-based distinctionis subject to intermediate scrutiny.
Under this standard, the court could dismiss the plaintiffs’ complaint. Gender-based distinctions
6 UNIT ONE: THE LEGAL ENVIRONMENT OF BUSINESS
ANSWERS TO BUSINESS CASE PROBLEMS
AT THE END OF THE CHAPTER
43A. SPOTLIGHT ON PLAGIARISMDue process
To adequately claim a due process violation, a plaintiff must allege that he was deprived of “life,
liberty, or property” without due process of law. A faculty member’s academic reputation is a
protected interest. The question is what process is due to deprive a faculty member of this
interest and in this case whether Gunasekera was provided it. When an employer inflicts a
public stigma on an employee, the only way that an employee can clear his or her name is
44A. BUSINESS CASE PROBLEM WITH SAMPLE ANSWERThe dormant commerce
clause
The court ruled that, like a state, Puerto Rico generally may not enact policies that discriminate
against out-of-state commerce. The law requiring companies that sell cement in Puerto Rico to
place certain labels on their products is clearly an attempt to regulate the cement market. The
4-5A. Freedom of speech
No, Wooden’s conviction was not unconstitutional. Certain speech is not protected under the
First Amendment. Speech that violates criminal lawsthreatening speech, for exampleis not
constitutionally protected. Other unprotected speech includes fighting words, or words that are
CHAPTER 4: BUSINESS AND THE CONSTITUTION 7
46A. Equal protection
Yes, the equal protection clause can be applied to prohibit discrimination based on sexual
orientation in jury selection. The appropriate level of scrutiny would be intermediate scrutiny.
Under the equal protection clause of the Fourteenth Amendment, the government cannot enact
a law or take another action that treats similarly situated individuals differently. If it does, a court
examines the basis for the distinction. Intermediate scrutiny applies in cases involving
discrimination based on gender. Under this test, a distinction must be substantially related to an
important government objective.
47A. Procedural due process
No, the school’s actions did not deny Brown due process. Procedural due process requires that
any government decision to take life, liberty, or property must be made fairly. The government
must give a person proper notice and an opportunity to be heard. The government must use fair
proceduresthe person must have at least an opportunity to object to a proposed action before
48A. The commerce clause
Yes, Massachusetts’s use tax is valid under the commerce clause. When a state regulation that
affects interstate commerce is challenged under the commerce clause, the court weighs the
state’s interest in regulating the matter against the burden that the regulation places on
interstate commerce. Because a court balances the interests involved, it is difficult to predict the
outcome in a particular case. State laws that alter conditions of competition to favor in-state
interests over out-of-state competitors in a market are considered discriminatory and usually
invalidated.
In this problem, Regency Transportation, Inc., operates a freight business throughout the
eastern United States. Regency maintains a headquarters, warehouses, and other facilities in
Massachusetts. All of the vehicles in Regency’s fleet were bought in other states. When
4-9A. A QUESTION OF ETHICSDefamation
(a) The answers to these questions begin with the protection of the freedom of speech
under the First Amendment. The freedom to express an opinion is a fundamental aspect of
liberty. But this right and its protection are not absolute. Some statements are not protected
because, as explained in the Balboa decision, “they are no essential part of any exposition of
other things, stop making defamatory statements about the Inn. On appeal, a state intermediate
appellate court invalidated this part of the injunction, ruling that it violated Lemen’s right to
freedom of speech under the Constitution because it was a “prior restraint”an attempt to
restrain Lemen’s speech before she spoke. On further appeal, the California Supreme Court
phrased “the precise question before us [to be] whether an injunction prohibiting the repetition of
chapter in the text sets out two fundamental approaches to ethical reasoning: one involves duty-
based standards, which are often derived from religious precepts, and the other focuses on the
consequences of an action and whether these are the “greatest good for the greatest number.”
Under the former approach, a pre-established set of moral values founded on religious
beliefs can be taken as absolute with regard to behavior. Thus, if these values proscribed
Finally, an outcome-based approach focuses on the consequences of an act, requiring a
determination as to whom it affects and assessments of its costs and benefits, as well as those
of alternatives. The goal is to seek the maximum societal utility. Here, Lemen’s behavior
appears to have had little positive effect on herself or the objects of her criticism (the Inn, its
employees, its patrons, and its business). The Inn’s business seems to have been affected in a
4-10A. SPECIAL CASE ANALYSISFreedom of religion
Case No. 4.3
Thompson v. Holm
United States Court of Appeals, Seventh Circuit, 2016
809 F.3d 376
(a) Issue: The focus in this case was on an allegation of the violation of which clause
of the Constitution and by what means? The clause of the Constitution alleged to have been
violated in this case was the free exercise clause of the First Amendment. This clause states
that the government may not prohibit the free exercise of religious practices. The violation was
(b) Rule of Law: What is required to establish that this clause has been violated?
Government action must be consistent with the free exercise clause. To comply with this clause,
a government action must not be a substantial burden on religious practices. A burden is
substantial if it pressures an individual to modify his or her behavior and to violate his or her
beliefs.
(c) Applying the Rule of Law: How did the court determine whether the claim of a
violation was supported in this case? To determine whether the claim of a violation was
supported in this case, the court considered whether “forcing an inmate to choose between daily
nutrition and religious practice is a substantial burden” on the inmate’s free exercise right. The
court weighed the consequences to the plaintiff inmate of the denial of his food. He did not have
a “proper meal” for more than two days, which caused him to feel “weak and tired.” He did not
know whenor even ifhe would again be added to the Ramadan list and be given a meal
(d) Conclusion: What did the court conclude with respect to the plaintiff’s claim, and
what did the court order as the next step in the case? With respect to the plaintiff’s claim, the
CHAPTER 4: BUSINESS AND THE CONSTITUTION 11
ANSWERS TO LEGAL REASONING GROUP ACTIVITY QUESTIONS
AT THE END OF THE CHAPTER
411A. Free speech and equal protection
(a) The rules in this problem regulate the content of expression. Such rules must
serve a compelling governmental interest and must be narrowly written to achieve that interest.
In other words, for the rules to be valid, a compelling governmental interest must be furthered
only by those rules. To make this determination, the government’s interest is balanced against
the individual’s constitutional right to be free of the rules. For example, a city has a legitimate
(b) The rules in this problem do not regulate the content of expressionthey are not
aimed at suppressing the expressive conduct of young adults but only of that conduct being
fostered on unsuspecting and unwilling audiences. The restrictions are instead aimed at
combating the societal problem of criminal graffiti. In other words, the rules are content neutral.
(c) Under the equal protection clause of the Fourteenth Amendment, a state may not
“deny to any person within its jurisdiction the equal protection of the laws.” This clause requires
a review of the substance of the rules. If they limit the liberty of some person but not others, they
may violate the equal protection clause. Here, the rules apply only to persons under the age of
twenty-one. To succeed on an equal protection claim, opponents should argue that the rules
should be subject to strict scrutinythat the age restriction is similar to restrictions based on
race, national origin, or citizenship. Under this standard, the rules must be necessary to promote
a compelling governmental interest. The argument would be that they are not necessarythere
are other means that could accomplish this objective more effectively. Alternatively, opponents

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