Part 1- Foundations of, Chapter 3: Business and the Constitution, Doc 9

Here is a summary of the legal questions and potential rulings for each problem case presented in Foundations of American Law: Problem Cases Summary 1. Property Tax Sale Notification and Due Process (Jones v. Flowers) o Issue: Was Jones given adequate notice of the tax sale, satisfying due process? o Likely Ruling: The U.S. Supreme Court would likely find that due process was not met. According to Jones v. Flowers, reasonable follow-up efforts (such as sending notice to a new address) are required if initial certified mail is returned unclaimed, especially since property is at stake. 2. Brothel Advertising Restrictions and the First Amendment o Issue: Do Nevada’s restrictions on brothel advertising in nonprostitution counties violate the First Amendment? o Likely Ruling: The speech at issue is likely considered commercial since it involves advertisements for a lawful business. Under Central Hudson test criteria for commercial speech, Nevada may justify these restrictions by asserting a substantial interest in regulating the commercialization of prostitution, especially in counties where it is prohibited, possibly making the restrictions valid. 3. Citizenship Requirements for Children Born Abroad to Unmarried Parents o Issue: Does the differing standard in §1409 for citizenship for children born to U.S. citizen fathers versus mothers violate equal protection? o Likely Ruling: The Fifth Circuit’s decision may be upheld. In Nguyen v. INS, the Court ruled that these gender-based distinctions are permissible since they serve an important governmental interest in verifying parentage in cases of citizen fathers, thus meeting the intermediate scrutiny applied to gender-based classifications. 4. Kentucky’s Differential Taxation of Municipal Bond Interest o Issue: Does Kentucky’s tax exemption for in-state municipal bond interest, but not out-of-state bonds, violate the Commerce Clause? o Likely Ruling: The differential tax scheme is likely constitutional. In Department of Revenue of Kentucky v. Davis, the Supreme Court upheld such state-specific tax exemptions, finding they do not discriminate against interstate commerce since states have an interest in supporting their own municipalities. 5. Nike’s Public Relations Statements: Commercial or Noncommercial Speech? o Issue: Does Nike’s speech about its labor practices qualify as commercial or noncommercial, affecting liability under California’s advertising laws? Likely Ruling: Nike’s statements could be classified as commercial speech if they are primarily aimed at bolstering its business reputation in response to public concern about labor practices. California courts in Kasky v. Nike ruled it was commercial speech because the statements related to business practices and consumer interests. 6. Due Process in Employment Suspension (Homar v. Gilbert) o Issue: Was Homar’s suspension without a pre-suspension hearing a due process violation? o Likely Ruling: Homar may not be correct. In Gilbert v. Homar, the Supreme Court ruled that a public employer can suspend an employee without a pre-suspension hearing if public interest warrants it, provided there is a subsequent opportunity for a hearing. 7. Violence Against Women Act and the Commerce Clause o Issue: Does the Violence Against Women Act’s civil remedy for victims of gender-motivated violence fall within Congress’s Commerce Clause power? o Likely Ruling: The Act likely exceeds Congress’s Commerce Clause authority. In United States v. Morrison, the Supreme Court ruled that gender-motivated violence is not an economic activity that substantially affects interstate commerce, thus invalidating the federal civil remedy provision. 8. Minnesota Ban on Plastic Milk Containers and the Dormant Commerce Clause o Issue: Does Minnesota’s ban on plastic milk containers, while allowing other non-reusable containers, violate the Commerce Clause? o Likely Ruling: Minnesota’s law might be upheld if the state demonstrates a legitimate environmental purpose under the Pike balancing test. If the regulation primarily burdens interstate commerce without significant environmental benefits, it could be struck down for unjustifiable discrimination. o