Solution and Answer Guide: Miller, Business Law Today, The Essentials Text Summarized Cases 13e, 9780357635346;

Business Law Today, The Essentials Text and Summarized Cases, 13e Roger LeRoy Miller

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Solution and Answer Guide: Miller, Business Law Today, The Essentials Text & Summarized Cases 13e, 9780357635346;

Chapter 01: Legal and Constitutional Foundations of Business

• © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible

website, in whole or in part.Solution and Answer Guide Miller, Business Law Today, The Essentials Text & Summarized Cases 13e,

Chapter 01: Legal and Constitutional Foundations of Business

Table of Contents Critical Thinking Questions in Features ...................................................................................... 1 Adapting the Law to the Online Environment ........................................................................................... 1 Critical Thinking Questions in Cases .......................................................................................... 2 Case 1.1 ..................................................................................................................................................... 2 Case 1.2 ..................................................................................................................................................... 3 Case 1.3 ..................................................................................................................................................... 3 Chapter Review ......................................................................................................................... 4 Practice and Review .................................................................................................................................. 4 Practice and Review: Debate This ............................................................................................................. 5 Issue Spotters ............................................................................................................................................ 5 Business Scenarios and Case Problems ..................................................................................................... 5 Critical Thinking and Writing Assignments .............................................................................................. 10 Critical Thinking Questions in Appendix Exhibit 1A–3 ...............................................................11 Exhibit 1A–3 ............................................................................................................................................ 11

Critical Thinking Questions in Features Adapting the Law to the Online Environment

• One observer has said that the American legal system should evaluate social media companies

based on how “they affect us as citizens, not only [on how] they affect us as consumers.” What is your opinion of this statement?Solution The person who made this statement clearly sees a “citizen” as having different motivations and concerns than a “consumer.” Presumably, a citizen is mostly concerned with the good of society as a whole, and therefore would be open to the idea of government regulation that restricted the negative influence of social media, regardless of the First Amendment. A consumer, by contrast, would be primarily concerned with having a marketplace that offers the widest possible varieties of freedom (of choice, of speech, etc.) and would for that reason be opposed to government regulation of social media. There is, however, an argument to be made that the citizens that make up a society benefit when the marketplace of ideas—whether they are subjectively “positive” or “negative”—is allowed to flourish in the absence of government regulation.

• Tim Cook, Apple’s chief operating officer, has suggested that the United States Congress should

pass a law limiting the ability of Apple and other tech countries to keep consumer data private.Why would a business executive make such a request?Solution 2 / 4

Solution and Answer Guide: Miller, Business Law Today, The Essentials Text & Summarized Cases 13e, 9780357635346;

Chapter 01: Legal and Constitutional Foundations of Business

• © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible

website, in whole or in part.Cook may have wanted to end a controversy that puts Apple squarely at odds with the federal government. After all, large companies such as Apple rely on favorable treatment from the government in regulatory matters, international trade agreements, and many other areas. Also, large corporations such as Apple sometimes gain an advantage over competitors when their industries are regulated. For example, Apple has significant resources with which to lobby Congress for favorable treatment, and it is better positioned to bear the costs of regulation than are other, smaller tech companies. Finally, Apple’s position as a champion of consumer privacy would be damaged if it “caved” and changed its stance without being forced to do so by a new federal law.Critical Thinking Questions in Cases Case 1.1

• What “dangerous conditions” might have prompted the city to enact the ordinances at issue in this

case? Why?Solution As noted in the facts of the case, both ordinances at issue included an extensive rationale for their adoption, stating essentially that a geographically small city has the right to restrict a business from operating within the city when the restriction is for the safety of the city’s citizens and visitors.

The appellate court referred to “the dangerous conditions” created by the irresponsible driving behavior of scooter renters, especially at night, amplified by the lack of training, supervision, and oversight practiced by the rental scooter businesses that “existed throughout the entire city” as the basis for the city’s regulation. The court paraphrased the expressive clauses in the

ordinances more specifically:

• The City is geographically small and crowded and is being besieged by inexperienced scooter drivers seeking amusement and driving in a dangerous manner.• The City is a tourist destination frequented by tens of thousands, and its streets are congested by scooters that are being driven illegally and in areas where they are not permitted.• The City’s residents and visitors are put in dangerous situations as a result of the improper use of scooters, especially at night.• City businesses have complained about numerous trespasses on their property by people driving scooters while being disruptive • City police have been unable to cope with the situation and essential police resources are being drained.• The City has been unable to control the situation through less restrictive means.

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Solution and Answer Guide: Miller, Business Law Today, The Essentials Text & Summarized Cases 13e, 9780357635346;

Chapter 01: Legal and Constitutional Foundations of Business

• © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible

website, in whole or in part.

• What is the likely economic impact of the ordinances on the businesses in the city? Discuss.

Solution With the exception of the scooter rental businesses, the effect on the city’s economy is likely to be positive in light of the result in the Classy case.

The answer to the previous question contains the reasons in support of this outlook. With a ban on motorized scooters, the “small and crowded” city is not likely to be “besieged by inexperienced scooter drivers seeking amusement and driving in a dangerous manner.” The streets, filled with “tens of thousands” of tourists will not be “congested by scooters that are being driven illegally and in areas where they are not permitted.” Residents and visitors will not be “put in dangerous situations as a result of the improper use of scooters, especially at night.” There will be an end to the “numerous trespasses” on business property “by people driving scooters while being disruptive.” And “essential police resources” will not be “drained,” at least not by irresponsible scooter drivers and riders. All of which bodes well for business.

Case 1.2

• If this case had involved a small, private retail business that did not advertise nationally, would

the result have been the same? Why or why not?Solution It is not likely that the result in this case would have been different even if the facts had involved a small, private retail business that did not advertise nationally. The intended impact of the decision in Heart of Atlanta was to uphold the constitutionality of the Civil Rights Act of 1964 and the power of Congress to regulate interstate commerce to stop local discriminatory practices. In the Supreme Court’s opinion, “The power of Congress to promote interstate commerce also includes the power to regulate the local incidents thereof, including local activities in both the States of origin and destination, which might have a substantial and harmful effect upon that commerce.”

Thus, if the case had involved a small, local retail business, the Court would have found participation in interstate commerce based on the use of a phone, or a Facebook page (or other Web presence), or sales to customers who traveled across state lines—or, as in Wickard v.Filburn, participation might have been based on any transaction that might otherwise have occurred in interstate commerce.

Case 1.3

• Whose interests are advanced by the banning of certain types of advertising?

Solution The government’s interests are advanced when certain ads are banned. For example, in the Bad Frog case, the court acknowledged, by advising the state to restrict the locations where certain ads could be displayed, that banning of “vulgar and profane” advertising from children’s sight arguably advanced the state’s interest in protecting children from those ads.

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