Business Law F-IRAC 2 questions

Ive uploaded a file for help. Just answer the 2 questions.

2 questions both are to use good F-IRAC form. Remember in the case of FIRAC we add a fuller fact summary prior to starting the IRAC. This is used to provide you enough facts to build your analysis. If a fact is given to you it is there for a reason.Sometimes however, facts can be summarized by an expression rather than specifics – for example extensive studies rather than every study. But then know you will need to go back to the original fact pattern for details to use in the Analysis: Each question is worth 150 points






Question 1

Consider Due Process & Equal Protection, Privileges and Immunities

The state of Sand Crabs, facing the southern border of our country, has experienced an increase in crime, and a deterioration of effective policing. Most of the crime increase involves crimes of theft, robbery, burglary. Almost all have been crimes of violence without resulting arrests. Residents and businesses alike have been victimized. It has also been documented that over the years there has been an increase in illegal border crossings. Police have literally been under attack. There has been a 32% increase of officers injured during active crime deployment in the last 18 months. This has resulted in several full disability severances for female officers. At the same time, the State Police force has experienced increased numbers of civil law suits and federal investigation attributed in a rise in the shooting of criminal suspects by a largely young officer base. Many senior officers claim that these young, limited English speaking officers lack patience when responding to crime scenes and do not understand local culture. Rising temperatures have made out-door patrols a grueling operation.

In response to these conditions, a group of state legislators are developing a bill, which will be introduced into the legislature with full hearing, to increase state police forces. It limits member of the state police force to male citizens of the United States who are over the age of 20 years and who have lived in the state for 12 months.

You are asked, using F-IRAC, to review the Constitutional issues of this proposal.

Question 2

Consider Commerce Clause, Dormant Commerce Clause, SupremacyPreemption issues

Golden is a privately-owned company engaged in the business of disposing toxic waste generated by mining companies. Golden operates pursuant to a license issued by the state of Alpha. This license authorizes Golden to contract with miners to provide the following services: (i) collection of toxic waste at mine sites, and (ii) transportation of that waste to Golden’s disposal station, which is in Alpha, three miles from the border with the state of Beta.

In accordance with the authority granted by its license for the past 10 years Golden has contracted to provide services to miners in Alpha. Recently, Golden expanded its business to serve the miners in Beta and emerging battery businesses across the border in Beta.

Shortly after Golden extended its services to the Beta miners and plants, the residents of the town from which the toxic waste disposal station operates started complaining about the rash of skin irritations, and increased illness.

Prior to Golden’s expansion of service to the State of Beta miners and the battery business, the U.S. Congress has passed legislation promulgating standards for safe disposal of toxic materials including batteries.

The residents petitioned the State of Alpha to close Golden’s disposal station. Golden objected. The Commissioner held open hearings. Following the hearings, the state issued an order that the use of Golden’s disposal station would be limited to toxic waste from Alpha miners only. The Beta miners and battery businesses were barred from disposing of their toxic waste through Golden.

Both Golden and the State of Beta have filed suit against State of Alpha seeking to rescind the order. Develop a F-IRAC for the constitutional legal issues.

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