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Question
Describe the term heightened scrutiny. What do the courts use to determine which type of scrutiny to use?Answer
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Related questions
Q:
Equal protection is the constitutional guarantee:
a. that empowers Congress to regulate equally distributed commerce with foreign Nations, and among the several States, and with the Indian Tribes.
b. that laws made in pursuance of the Constitution and all treaties made under the authority of the United States shall be the equally protected as the "supreme law of the land."
c. embodied in the Fourteenth Amendment to the U.S. Constitution.
d. that grants and distributes power and responsibilities to national and state governments.
Q:
Give a brief description of the increased protection in U.S. Copyright laws starting in 1994 and using approximate dates.
Q:
Explain what the Workers Rights Consortium is and what it has done to combat sweatshops.
Q:
According to Dr. Michael Silverstein, what are the types of risks workers find on the job today?
Q:
According to Henry Shue, firms are not in the business of protecting the interests of their workers, except when this is a means to accomplish the organizational objectives.
a. True
b. False
Q:
Discuss the Fair Use Doctrine. What are the four statutory factors used to determine if a use is fair?
Q:
In order to obtain a patent under U.S. Patent Law, an inventor must have an invention that is
I. Not obvious
II. Unique
III. Useful
IV. Not a modification of any prior patents
a. I only
b. I and II
c. I, II and III
d. I, II, III and IV
Q:
Nike's swoosh, McDonald's arches, and the Xerox name are all identifiable trademarks. Which of the following laws protect(s) them?
I. Lanham Trademark Act of 1946
II. Federal Trademark Dilution Revision Act of 2006
III. Sonny Bono Act of 1998
a. I only
b. II only
c. I and II
d. II and III
Q:
Under the ___________ plan, the EPA auctions a set number of sulfur dioxide emission allowances annually, with each allowance permitting one ton of emissions.
a. allocation of resources
b. tradeable permit
c. green capitalism
d. shareholder activism
Q:
Which piece of legislation was passed first?
a. The Clean Water Act
b. The Resource Conservation and Recovery Act
c. The Clean Air Act
d. The Comprehensive Environmental Response, Compensation, and Liability Act
Q:
According to Dr. Michael Silverstein, what are the types of risks workers find on the job today?
Q:
All of the following are true statements regarding the Family and Medical Leave Act (FMLA, 29 U.S.C. §§ 2601, et seq.), EXCEPT which of the following?
a. An eligible employee is entitled to take 12 weeks of unpaid leave in any 12-month period.
b. Every personal or family emergency qualifies for FMLA leave.
c. Under most circumstances, the employer must reinstate employees when they return from leave.
d. An eligible employee is entitled to take paid leave because of the birth of a son or daughter.
Q:
When an employee files a worker's compensation claim:
a. The employee must prove the company was negligent.
b. The employer has the right to raise traditional defenses to negligence to defeat the claim.
c. Both a. and b.
d. Neither a. not b.
Q:
A mayor serving in a major metropolitan area receives an internal memorandum indicating personnel at many police stations are single-race. At the time of the report, thirty percent of the police force was black or Hispanic. She immediately calls a press conference and orders transfers of police officers to achieve racial balance across the city. The transferred police officers sue on constitutional grounds. Assuming just these facts, what is the strongest argument that might be advanced by the transferred officers based on constitutional grounds?
a. Executive action by the mayor is unconstitutional because there was no rational relationship to a valid governmental purpose.
b. The action is "void for vagueness" since transferred police officers must unnecessarily guess at the underlying public policy of the transfer process.
c. The mayor's policy used race as the basis for transfers, and assignments are subject to strict scrutiny.
d. The transfer can be set aside based on intermediate or heightened level of scrutiny.
Q:
Equal protection is the constitutional guarantee:
a. that empowers Congress to regulate equally distributed commerce with foreign Nations, and among the several States, and with the Indian Tribes.
b. that laws made in pursuance of the Constitution and all treaties made under the authority of the United States shall be the equally protected as the "supreme law of the land."
c. embodied in the Fourteenth Amendment to the U.S. Constitution.
d. that grants and distributes power and responsibilities to national and state governments.
Q:
Which of the following statements regarding Benefit Corporations is true?
a. Benefit corporations are required to identify one or more specific benefit purposes.
b. Directors of benefit corporations are protected from all lawsuits from both shareholders and beneficiaries of the corporation's public benefit purpose.
c. Benefit corporations are incorporated under state law with the intent to be profitable.
d. All of these statements regarding benefit corporations are true.
Q:
Which of the following views would be consistent with the free market ethics approach advocated by Milton Friedman?
a. Outsourcing to other countries is wrong because it is detrimental to the overall US economy.
b. When making decisions, corporate managers should consider the interests of all the corporation's stakeholders.
c. The only social responsibility of business is to increase profits in a legal and ethical manner.
d. Automating processes and replacing workers is unethical since it does not serve a greater good.
Q:
What must a plaintiff prove to establish copyright infringement?
Q:
Debora Halbert asserts in her essay that:
a. women have benefited greatly from intellectual property laws.
b. intellectual property has historically benefited men more than women.
c. in the nineteenth century, writing poetry and novels enabled women to not only express themselves intellectually but to reap financial rewards as well.
d. when women knitted or quilted, they were reluctant to share their patterns with other women.
Q:
Explain how injured parties can recover damages under the UCC.
Q:
In Wyeth v. Levine, the majority rejected the idea that primary responsibility for drug safety lies with the government and instead lies with the drug manufacturer.
a. True
b. False
Q:
What is the Lanham Act? To succeed in suit under the Lanham Act, what must a plaintiff prove?
Q:
Discuss the obligations of human beings to Mother Earth according to the universal declaration of rights of Mother Earth.
Q:
According to Carmen G. Gonzalez, people go hungry because:
a. there is not enough food available
b. people are too poor to grow food
c. Both a. and b.
d. Neither a. nor b.
Q:
According to John Locke, the purpose of government is to institute restraints to protect property rights.
a. True
b. False
Q:
Why was the Digital Millennium Copyright Act passed?
Q:
The term "privacy" does not appear anywhere in the Constitution of the United States. Discuss (meaning share your opinion and support it with anecdotes or evidence) whether or not the Supreme Court was correct in "finding" privacy in the Constitution.
PAGE: 103 - 104
Q:
Since a corporation is a "person" in the eyes of the law, a corporation's constitutional right to privacy is identical to a natural person's rights.
a. True
b. False
Q:
Privacy rights are triggered under the Fourth Amendment:
a. when a corporation has authorized an agent with direct authority to perform an electronic search of an employee's e-mail account.
b. upon issuance of a subpoena duces tecum to bring electronic data (e-mails, files, etc.) including electronic metadata such as headers, directional information, and other such useful tracking data.
c. when the government is conducting a search.
d. during an archival search of e-mails on a corporation's server.
Q:
According to the article excerpted in the text entitled, The Functions of Privacy, by Alan Westin, privacy has several functions in today's society. These include:
a. Total freedom in the private life with no consequences to the work life.
b. The ability to vent anger at authority without being held responsible.
c. The ability to post critical information on the Internet without consequences at work.
d. The ability to spend time quietly analyzing the actions and reactions of other people.