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PS 430
Final Prep
14
Law
Undergraduate 4
12/06/2012

Additional Law Flashcards

 


 

Cards

Term
D.C. Enacted a Minimum Wage Board and set a $.35 minimum wage for women and children

Childrens Hospital Sued on grounds that it violated their due process to right to contract under 5th amendment.

Court ruled 5-3 (sutherland opinion) that it is unconstitutional in fear that upholding would give them too much authority under their police powers.

Ruled as a "price fixing law".
Definition
Adkins v. Children s Hospital
Term
11th Amendment bars states from being sued in federal court. Except for Fair Labor Standards Act.

Probation officers sued Maine under FLSA due to lack of overtime pay, state courts ruled maine had sovereignty

May Congress require non-consenting states to submit to private suits in their own courts under Article I?

Held No

A sharply divided court held in a 5-4 decision that Congress may not use its Article I powers to abrogate the states' sovereign immunity
Definition
Alden v. Maine 1999
Term
Louisiana enacted a law prohibiting citizens from doing business with insurance companies that operated outside of the state. Louisiana pushed this bill under their police powers in an attempt to protect citizens from fraud.

Allgeyer violated by buying insurance from a company in N.Y.

Does the Louisiana law violate the Fourteenth Amendment's due process clause which, under the contract clause which allows one to enter into contracts with businesses of its choice?

Yes. In a unanimous decision, the Court found that the Louisiana statute deprived Allgeyer and Company of its liberty without due process of law as protected by the Constitution's Fourteenth Amendment right to contract
Definition
Allgeyer v. Louisiana
Term
In 1974, Minnesota adopted legislation which required private employers to pay a fee if they terminated employee pension plans or if they moved their offices from the state

company was ordered to pay approximately $185,000 to comply with the statute's provisions.

Did Minnesota's Private Pension Benefits Protection Act violate the Contract Clause of the Constitution?

The Court found that the Minnesota law did violate the Constitution as it "substantially altered" the provisions of pension agreements which Allied Steel had with its employees. Citing the importance that the Framers placed on private contracts
Definition
ALLIED STRUCTURAL STEEL CO. v. SPANNAUS
Term
In 1999 the California legislature enacted the Holocaust Victim Insurance Relief Act (HVIRA) in an attempt to facilitate Holocaust-era insurance claims by California residents. California made a law requiring Insurance companies to make public,policies and names of policy holders for europeans betwwen 1920 and 1945.

Insurance companies sued saying only fed gov can pass those laws with their jurisdiction over commerce and foreign affairs

Did California's passage of the HVIRA interfere with the federal government's sovereignty over foreign affairs established by Article I of the Constitution?

Yes. In a 5-4 opinion delivered by Justice David H. Souter, the Court held that California's HVIRA interferes with the president's ability to conduct the nation's foreign policy and is therefore preempted

Kid glove versus cali's iron fist
Definition
AMERICAN INSURANCE ASSOCIATION v. GARAMENDI
Term
exercise of its taxing powers Congress enacted the Revenue Act of 1919, also called the Child Labor Tax Law

Under the law, companies employing children under fourteen years of age would be assessed ten percent of their annual profits. During the same year in which the act was passed, Drexel Furniture Company was found in violation of it and required to pay over $6000 in taxes, which it did under protest.

Did Congress violate the Constitution in adopting the Child Labor Tax Law in attempting to regulate the employment of children, a power reserved to the states under the Tenth Amendment?

Yes. The Court found that the Child Labor Tax Law was in violation of the Constitution as it intruded on the jurisdiction of states to adopt and enforce child labor codes.

Congress had no jurisdiction, reserved to the states
Definition
BAILEY v. DREXEL FURNITURE CO.
Term
her treatment forced her to take a substantial leave from work. Upon her return, her supervisor informed her she would have to give up her position

May an individual sue a state for damages in federal court under the Americans with Disabilities Act of 1990?

No. In a 5-4 opinion delivered by Chief Justice William H. Rehnquist, the Court held that suits in federal court by state employees to recover money damages by reason of the state's failure to comply with Title I of the ADA are barred by the Eleventh Amendment.
Definition
BOARD OF TRUSTEES v. GARRETT
Term
After purchasing a new vehicle from an authorized Alabama BMW dealership, Ira Gore, Jr. discovered that his new vehicle had been repainted. He sued BMW's American distributor (BMW), alleging that it committed fraud by failing to inform him that his car had been repainted.

Gore $4,000 in compensatory damages and $4 million in punitive damages.

Assuming that Gore's punitive damage award was grossly excessive, does the Fourteenth Amendment's due process clause protect BMW from paying the award?

Yes. In a 5-to-4 decision, the Court held that while a state may impose punitive damages to further its interest in deterring unlawful conduct, the Fourteenth Amendment's due process clause prohibits states from imposing grossly excessive punishments on tort-feasors.
Definition
BMW v. GORE
Term
mporters of foreign goods challenged a state law that required all persons who sold such goods to purchase a license. They alleged that it violated the ban on import taxes in Article I, section 10 of the Constitution, as well as interfered with federal authority over interstate and foreign commerce

Marshall sustained both contentions. He formulated the “original package” doctrine, which held that the taxing power of a state does not extend to imports from abroad so long as they remain in the original package.
Definition
Brown v. MD
Term
A 1913 state law prescribed a 10-hour day for men and women, expanding the law regulating women's hours upheld in Muller v. Oregon...State asserted that the law was an appropriate exercise of its police powers. Bunting failed to comply with the overtime regulations of the statute.

Did the law interfere with liberty of contract protected by the Fourteenth Amendment?

The Court upheld the decision of the Oregon Supreme Court and found the law constitutional.

Court found that the law did not provide an unfair advantage to certain types of employers in the labor market since it regulated the hours of service for workers and not the wages that they earned.
Definition
BUNTING v. OREGON
Term
Did the Florida Supreme Court violate Article II Section 1 Clause 2 of the U.S. Constitution by making new election law? Do standardless manual recounts violate the Equal Protection and Due Process Clauses of the Constitution?

Noting that the Equal Protection clause guarantees individuals that their ballots cannot be devalued by "later arbitrary and disparate treatment," the per curiam opinion held 7-2 that the Florida Supreme Court's scheme for recounting ballots was unconstitutional
Definition
• Bush v. Gore
Term
Respondent challenges the constitutionality of the Bituminous Coal Conservation Act of 1935 (the Act)


Does the Act overreach Congressional authority under the Commerce Clause?


Held. Yes. Judgment affirmed.

Carter overturned a key piece of New Deal legislation.
Definition
- Carter v. Carter Coal
Term
Definition
• Central VA Community College v. Katz
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