Law and the American Legal System - Chapter Case Questions

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Law and the American Legal System: Chapter Case Questions Prompt 1: Chapter 1 Case Question: Union organizers at a hospital wanted to distribute leaflets to potential union members, but hospital rules prohibited leafleting in areas of patient care, hallways, cafeterias, and any areas open to the public. The National Labor Relations Board (NLRB) ruled that these restrictions violated the law and ordered the hospital to permit the activities in the cafeteria and coffee shop. The NLRB cannot create common law or statutory law. What kind of law was it creating? Since the NLRB cannot create laws, they are only there to create and ensure regulations are being followed. Since this was something that was not being upheld by the hospital, they had to take it to court so congress could create a law that judges would then in turn shape into a common law. The NLRB is in place to administer regulation and enforce the law to be followed and if these rules, regulations, and laws are not being followed the company breaking the rules can be fined heavily or even shut down, dependent on the number of infractions or the severity. According to Bloomberglaw.com Starbucks is racking up 100’s of labor law violations which include “the violations cited in the rulings include worker intimidation, discriminatory rules, and unlawful discipline and termination of union organizers. The company’s spokesman refutes the notion that there’s a corporate strategy to undermine the union, saying Starbucks’ policies prohibit retaliatory behavior toward organizers.” Starbucks has also interfered with the NLRB’s process, and this can cause several unusual violations that can incur adverse results with the judicial process and even on the administrative side. They have also gone as far as trying to block employees from telling their side of their story to the NLRB board and this is a direct violation of the employees’ labor law rights. Starbucks is operating as if the labor laws do not apply to them, because they are such a large worldwide corporation. This is clearly not the case, and they should absolutely be fined and held accountable for their wrongful actions against their employees. Prompt 2: Chapter 4 Case Question: The FDA issued regulations requiring tobacco companies to put graphic warning images on their packages. The mandatory images included a corpse after an autopsy, a smoker’s damaged lung, and a man exhaling smoke out of a hole in his neck, among others. What recourse do tobacco companies have if they want to challenge the FDA’s rule? The tobacco companies can sue the FDA and possibly win. As it was ruled in a DC Circuit court in 2012 stated that the FDA could not provide evidence that including a corpse after an autopsy, a smoker’s damaged lung, and a man exhaling smoke out of a hole in his neck, and other things would reduce the smoking rates. With this ruling there is no substantial government interest to require tobacco companies to have to follow this regulation being implemented by the FDA. But in 2014 that ruling was overturned when American Meat Institute v. USDA went to trial. This case held that government interest in correcting prior deception to its consumers
Law and the American Legal System: Chapter Case Questions could justify a mandate disclosure of information via commercials and internet ads. Prompt 3: Chapter 5 Case Question: When Giant, Inc., hired Kelly, it gave her an entire binder of papers to sign. Buried in the fine print was a clause requiring any future dispute between the parties to go to arbitration, and the arbitrators would be chosen by Giant. Years later, Kelly filed a sexual harassment suit, alleging that her boss fondled her. She demanded her day in court, but Giant’s attorneys filed a motion to dismiss on the grounds that both parties were required to arbitrate. Will Kelly prevail? In this case Kelly will win as having Giant, Inc. put in the contract clause that they are able to choose the arbitrators makes this an invalid part of the contract. Arbitration has to be an unbiased outsider, not someone picked and paid to take their side. In this case Kelly has every right to take them to court and in this instance, she might win because the company tried to hide it and sneak it under the rug to make these accusations go away. By Giant Inc. doing this it shows they have a history of having to do this and thus put it in their contract to hopefully have the accuser move on and not go forward by filing this within the court system. An arbitration clause under the conditions stated in the contract she signed makes it invalid and therefore she is entitled to her day in court. Citations Page Iafolla, R., & Purifoy, P. (2023, June 2). Starbucks Is Racking Up Labor Law Violations as Rulings Roll in. bloomberrglaw.com. https://news.bloomberglaw.com/daily-labor-report/starbucks-is-racking-up-labor- law-violations-as-rulings-roll-in R.J. Reynolds v. FDA (2020) | The tobacco industry filed suit on First Amendment grounds to challenge the FDA’s graphic warning label rule. (2023, February 1). https://www.publichealthlawcenter.org/litigation-tracker/rj-reynolds-v-fda-2020 Hlr. (2023, March 24). American Meat Institute v. USDA. Harvard Law Review. https://harvardlawreview.org/print/vol-128/american-meat-institute-v-usda/
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