MEMORANDUM FROM: Group Members TO: Owners, Summer Place, Inc. DATE: May 26, 2015
RE: Information, Findings and Conclusions on Business and Legal Problems
I. Decision Situation, Concern, and Purpose Summer Place wants to expand Diamond Design and Construction, Inc. (Diamond). It is considering a five-year expansion plan in County A located in eastern North Carolina. This expansion would support increased profits and business growth objectives. County A has enacted utility surcharge ordinance to increase economic develop, to recruit professional and skilled workers and to further growth of existing business organizations in the county. The utility surcharge ordinance requires that businesses with 33 or less full
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The operative elements are STATE, PERSON, and JURISDICTION. The common application is the prohibition of some person from exercising a right, discrimination based on gender or legitimacy, or whether the classification might relate to a legitimate government interest.
The facts in the case of Nordlinger v. Hahn are that the plaintiff, who was a renter in Los Angeles County, purchased a home in the same county. The plaintiff’s property taxes are higher than those of her established neighbors due to California Constitution Article XIIIA. The issue is whether the reassessment scheme of Article XIIIA of the California Constitution that imposes a higher tax on new resident and not old ones violates the Equal Protection Clause. The United States Supreme Court held the California Constitution Article XIIIA's acquisitionvalue assessment scheme does not violate the Equal Protection Clause.
The law is the Equal Protection Clause and is deemed valid under the rational basis test. The issue in New City is whether the tourism businesses is hampered by the growing number of new businesses such as restaurants, gift shops, and cafes, violates the Equal Protection Clause. The decision is that it does not violate the clause due to the rational basis test. The reason for this conclusion is the rational basis as it relates to a legitimate government interest. The local government
2) Would it be a violation of equal protection for a state to impose a higher tax on outof-state companies doing business in the state than it imposes on in-state companies if the only reason for the tax is to protect the local firms from out-ofstate competition? Explain.
The story of Summer, by David Updike, is set during that idyllic time in life when responsibility is the last word on anyone's mind. And yet, as with all human affairs, responsibility is an ever-present and ever-necessary aspect to life. What happens when the protagonist, Homer, loses his awareness of a certain personal responsibility to maintain self-control? Homer's actions increasingly make him act foolishly, internally and externally. Also, how does Homer return to a sense of sanity and responsibility? To a degree, I would say that he does.
Good authors can create wonderful stories, but it all starts with the setting. Without the setting, the story will have no plot and the characters will have no reason to be there because the setting is a crucial element. Barry Callaghan, the author of “Our Thirteenth Summer” can effectively use setting as an important part of a story. The setting of “Our Thirteenth Summer” is in Toronto’s Annex District during the 1840’s, when the Holocaust was occurring. The setting influences the behaviour of the characters and reflects the society in which the characters live.
Have you ever been on a vacation? To me a vacation is a time to be with friends or family. When I think of vacations, I think of packing, the flight or drive, and relaxation. Not only is it very exciting to go on a vacation, but you get closer to the people that go with you.
West Virginia is the constitutionality of a law requiring those specializing in medicine to attend medical school (482). The Court upheld the constitutionality of the law, stating that it serves a legitimate state interest to protect the public from fraud and other deceptive practices (482). Though, the Court found this specific law constitutional, they emphasize that similar kind of laws are invalid “when [regulations] have no relation to such calling or profession . . . they can operate to deprive one of his right to pursue a lawful vocation” (482). San Francisco, California had a law that required those who owned a wooden building and used it as a storefront for a laundry business to obtain a permit from the board of supervisors. The board of supervisors were given great discretion in how they granted permits under the law (482). The Court, in Yick Wo v. Hopkins, held that the law was unconstitutional based on its discriminatory nature; Chinese owners of laundries were the victims of this state sanctioned discriminatory, since they were usually denied permits when they applied (482). Nebbia v. New York is the case that marks the beginning of the Court’s constitutional deference to state governments in regard to law and regulations that inhibit employment (482). This difference is otherwise known as the rational basis test, which gives states great leeway “to adopt whatever economic policy [that] may reasonably be deemed to promote public welfare,” in so far as “the laws passed are seen to have a reasonable relation to a proper legislative purpose, and are neither arbitrary nor discriminatory”
law; nor deny to any person within its jurisdiction the equal protection of the laws.") allows other amendments
Within 24 hours after passage, Brenda, a civil rights attorney, brings a cause of action in federal court to have the new regulation ruled unconstitutional. The federal court immediately rules that the state law violates the equal protection clause of the 14th Amendment and issues an injunction against its enforcement.
City of New London ruled on an infamous eminent domain issue redefining “public use” as including government economic development measures. The City of New London approved a development project that would destroy hundreds of homes in the name of monetary gain and, what the state would call, economic development. The state interests are creating 1,000 plus jobs, increase tax revenue, and revitalizing the city’s economy as a response to the Federal Government’s condemnation of a Naval Undersea Warfare Center, which employed a majority of the city’s jobs. One resident filed suit claiming the city’s actions violated the Fifth Amendment’s scope “public use.” The city’s plans went beyond condemning property for a general use that was actually open to the public, but instead condemned private land to sell to another private individual developer. The Court ruled that because the city had a carefully drawn plan and the precedent defining “public use” is broad, the city may deprive one citizen of property rights for a more productive reason of another
The Amendment also has the Equal Protection Clause that prohibits states from denying any person within its jurisdiction the equal protection of the laws. The laws of the state must treat an individual in the same manner as others in similar conditions and circumstances (www.law.cornell.edu). The question of whether the equal protection clause has been violated arises when a state grants a particular class of individuals the right to engage in an activity but denies other individuals the same right.
This case is an appeal to the Supreme Court made by the Village of Euclid (the Appellee) to contest the original findings of the trial court. The lower court found that the normal use of the land was for commercial and industrial purposes, thereby giving the case to the Ambler Realty Co. The Village of Euclid decided to take the case to the Supreme Court as they felt it was within their police power to protect the residencies in the immediate area of the originally-zoned industrial park of Ambler Realty Co.
The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits unreasonable discrimination. It required the state to treat each person within its jurisdiction with the same manner as others with similar condition and circumstances. The Equal Protection Clause reads to protect against the discriminatory use of classifications besides race and national origin, in areas outside of race discrimination, the equal protection clause was not traditionally a major consideration. Usually, the Court finds a state classification constitutional if it has "a rational basis" to a "legitimate state purpose." The Supreme Court, however, has applied more stringent analysis in certain cases [1].
This case analyses and discusses about the bank of America and Wells Fargo against the City of Miami. The Bank of America brought the case back to court after it was ruled against them in the first Federal appeal. According to the case, a plaintiff is considered to be “aggrieved” under the title VII with a condition that the person falls under title VII “zone of interest”. The two banks were alleged to be in the discrimination of the African-Americans and the borrowers from the Latino origins. There was a discriminated against issuance of mortgages which would likely lead to a foreclosure. The city lowered the tax revenues and increased spending towards the affected areas. The dimension of this lawsuit was using the fair house act (FHA) of the 1968 civil rights. This lawsuit helps in preventing discrimination of selling, renting and financing the house. The two questions presented include; after there was a limitation in the lawsuit regarding “aggrieved persons”, was there a requirement by the congress that the plaintiff was able to plead more than what the article III stated? The second question was, does the proximity causes require more than the actual possibility that the people defending are protecting the remote plaintiff 's loss of money through contingency chains? This essay aims to discuss the lawsuit and analyze the case fully together with predictions of the results, which might come out at the end of the lawsuit. The analysis of this case entails the
The legislation has a weighty influence on people, whether the decisions are made in proper or improper ways. In recent years, the Supreme Court has developed the three levels of scrutiny for equal protection challenges (Snider, 2014). Among those levels of scrutiny are: Strict scrutiny, Intermediate scrutiny, and rational basis review. Strict scrutiny is the way of legal reviews, which are used to define the constitutionality of laws. It is considered to be the highest level among all the legislation controls (Snider, 2014). The Supreme Court of the USA defined that legislation, which discriminates on the basis of national origin, religion, race must pass such level of protection as strict scrutiny
It was a gorgeous summer day. the sun was shining, the birds were singing, and the world was at peace on the seemingly carefree sunday afternoon. church had just ended and the children ran fast and free ready to play. They ran two and twelve towards the town’s lake to go swimming, in order to ward off the heat of the noon sun. They stampeded through town bumping over numerous people and even one another to reach the cool blue waves. The menacing multitude took a sharp turn from the street to an old dusty road. The trees shook in the evening breeze and swayed slightly further when the children hurried by. Dust faintly clouded out the light that poured over the path. Finally they reached the dock and began to take off and swap clothes. The boys took off their shirts and pants and swam in their underwear, while the girls chose to go behind some nearby bushes.and exchange out their attire. When everyone was in they started to splash one another while laughing and shouting. A few of them dived under the water to search for fish and other sea life. When they came back, up two of them had seaweed, one held a starfish, and two others had a crab holding it by both sides. It was getting a little later in the day, but the kids were not quite yet ready to leave their fun to rest. They decided to play hide and seek even though the sun was beginning to make its descent behind the green curtains that were the distant hills. One child counted while everyone hid and waited. As he counted out
Top Three Places to Visit During The Summer The temperature is rising and so is the need to escape this scorching heat. Everyone is planning a