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Essay / Research Paper Abstract
This 7 page paper looks at five legal questions in Q& A format. Various questions on different areas of the law have been submitted by a student and answered. Questions include issues in criminal and civil law, business ethics and contracts. Bibliography lists 3 sources.
Page Count:
7 pages (~225 words per page)
File: RT13_SA309law.rtf
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Unformatted sample text from the term paper:
be used on their roads. The U.S. Trucking Company alleges that the statue violates the commerce clause. Does it? The question here that must be asked is whether
or not the Alabama statute clearly benefits the locality but discriminates against out of state vendors. Also, even if the ordinance does not discriminate against out of state vendors specifically,
does it have that effect? It is the effect of the law, in addition to the spirit of the law that must be looked at when evaluating the commerce clause.
In Kassel v. Consolidated Freightways, the Supreme Court had invalidated a state law that limited the lengths of trucks on state highways based on safety ("State Internet," 2001).
The Court acknowledged that states have the right to regulate local matters and that these regulations may affect interstate commerce but the Court held that there was no compelling
safety evidence given to trucks traveling wholly intrastate and this does point to interstate discrimination (2001). In other words, the statute was not really about safety and it does hinder
interstate commerce. A statute that imposes a burden on interstate commerce is therefore not justified by a strong state interest which would violate the dormant Commerce Clause
(2001). In the case at hand, the state of Alabama is prohibiting a right that all other states enjoy. To not allow 70-foot double trailer truck combinations when all other
states do, will certainly harm interstate commerce. What will trucks do when they reach Alabama? They will either get tickets, forgo that sort of truck, or not drive through the
state at all. Any decision the truckers make will be costly to the firms and the consumer, not to mention to the state of Alabama. The decision should be in
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