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general business data bank




Question;Fact;Pattern 43-1 (Questions 19?20 apply);Alpha, Inc., markets ?Beta Calling,? a;Voice over Internet Protocol service. Colorado State Agency concludes that Beta;is a phone service and orders Alpha to pay state phone taxes. Alpha files a;suit against Colorado to stop the order.;19. Refer to Fact Pattern 43-1. According to;the court in Case 43.3, Vonage Holdings;Corp.v.Minnesota Public Utilities Commission, federal policy;is to;a. discourage;state taxation of telecommunications services.;b. encourage;state taxation of telecommunications services.;c. preserve a;competitive market for interactive computer services.;d. uphold state agency decisions;unfettered by their effect on a market.;20. Refer;to Fact Pattern 43-1. Under the reasoning of the court in Case 43.3, Vonage Holdings Corp.v.Minnesota;Public Utilities Commission, if fed?eral policy is to encourage certain;conduct, state law discouraging that conduct must;a. be preempted.;b. override policy considerations.;c. take precedence.;d. weigh equally in the balance.;Essay Questions;1. A-Plus Battery Company (ABC) makes;batteries for motor vehicles. The Occupational Safety;and Health Administration (OSHA) proposes a safety rule governing the handling;of ac?ids in the workplace, including chemicals ABC uses in its operations. ABC;concludes that the rule will involve sub?stantial compliance costs without;significantly increasing workplace safety. ABC sends a letter to OSHA;indicating its objections to the pro?posed rule and enclosing research reports;and other data sup?porting those objections. Does OSHA have any obligation to;consider these objec?tions? What procedures must OSHA follow when it makes new;rules, such as this one?;2. Omega Company operates a computer;chip production plant. Paula is the president of Omega. Ron, a representative;of the Occupational Safety and Health Administration, inspects the plant and;citing a certain regula?tion, orders Omega to take specified steps immediately;to improve sanita?tion at the plant. Paula believes that Ron is either;exceeding his authority or that the regulation Ron claims to be enforcing is;excessive. Can Omega ask a court for an order to stop enforcement of the regula?tion?;If not, what can Omega do?


Paper#59329 | Written in 18-Jul-2015

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