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Business Law Chapter 43 Homework The Court Found Nothing The Communications Act

Page Count
4 pages
Word Count
1971 words
Book Title
Business Law: Text and Cases 14th Edition
Authors
Frank B. Cross, Kenneth W. Clarkson, Roger LeRoy Miller
ALTERNATE CASE PROBLEM ANSWERS
CHAPTER 43
ADMINISTRATIVE AGENCIES
43-1A. Arbitrary and capricious test
Yes. The court agreed that the decision was arbitrary and capricious. The record neither
43-2A. Agency investigation
The federal district court voided the subpoena, and the FHLBB appealed. The U.S. Court of
Appeals for the Fifth Circuit reversed the district court’s decision and directed the court to
enforce the subpoena. “The FHLBB’s subpoena power extends to Sandsend’s financial
records; it is not limited to parties directly associated with the target of an investigation. * * *
B-2 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERSCHAPTER 43
43-3A. Arbitrary and capricious test
A federal district court denied the request that the corps be enjoined from completing the
project. On appeal, the appellate court reversed the decision to deny the injunction, and
remanded the case to the district court. The corps appealed to the United States Supreme
Court. The Supreme Court of the United States reversed the appellate court’s decision and
remanded the case for further proceedings. “The question presented for review in this case is a
classic example of a factual dispute the resolution of which implicates substantial agency
expertise. * * * Because analysis of the relevant documents requires a high level of technical
43-4A. Rulemaking
The U.S. Court of Appeals for the District of Columbia Circuit held that the Administrative
Procedure Act (APA) required the Occupational Safety and Health Administration (OSHA) to
conduct a notice and comment rulemaking proceeding before issuing the Directive. “Under the
APA, an agency seeking to promulgate a rule must first provide the public with notice of, and an
43-5A. Executive controls
Even though U.S. marshals are assigned to the federal courts, they are still members of the
43-6A. Judicial review
The U.S. Court of Appeals for the District of Columbia Circuit concluded that the FCC’s decision
was not arbitrary or capricious. “On its face, Sprint’s tariff establishes a general obligation to
437A. Arbitrary and capricious test
The U.S. Court of Federal Claims held that “the USDA acted arbitrarily and capriciously by
deeming plaintiff both responsible and non-responsible for the same time period and based on
the same evidence. . . . Plaintiff therefore is entitled to summary judgment in its favor on its
438A. Investigation
The U.S. Constitution’s Fourth Amendment protects against unreasonable searches. The
agents should not be held liable because their “search” was not unreasonable. Riverdale and
439A. The Freedom of Information Act
The reporter’s request was legal. The DoD’s response to the request and to Sikorsky’s objection
was not sufficient. The Freedom of Information Act (FOIA) requires the federal government to
disclose certain “records” to “any person” on request, even if no reason is given for the request.
Some records are exempt such as those containing information that is confidential or personal.
The media may obtain information from government agencies under this law. An agency action
B-4 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERSCHAPTER 43
such as a decision to release certain records in compliance with a FOIA request is arbitrary or
capricious if the agency’s decision is plainly contrary to the evidence.
43-10A. A QUESTION OF ETHICS
1. Here you have to analyze the nature of the tradeoff being madethat is, what rights
are being traded off to obtain other rights? Obviously, the rights of the vessel owners and crew
2. The reasoning applied to question 1 applies here also. There is no perceptible reason
3. Although the presence of a female in the common areas of the vessel may affect the

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