BUSN 420

Prepare answers to the following chapter-end Critical Legal Thinking Cases from this week’s reading. Each fully developed response should include an intro and conclusion, a thorough statement of the issue being  discussed and a thorough analysis of a resolution  to the issue.

  • Case 4.2: Supremacy Clause on page 79
  • Case 4.7: Equal Protection Clause on page 80

Your responses should be well-rounded and analytical, and should not just provide a conclusion or an opinion without explaining the reason for the choice.

For full credit, you need to use the material from this week’s lectures, text, outside resources, and/or discussions when responding to the questions. It is important that you incorporate the question into your response (i.e., restate the question in your introduction) and explain the legal principle(s) or concept(s) from the text that underlies your judgment.

For each question, you should provide at least one reference in APA format (in-text citations and references as described in detail in the Syllabus). Each answer should be double-spaced in 12-point font, and your response to each question should be between 300 and 1,000 words in length.

Please provide a separate analysis for each question.  However, both analyses need to  be included on one Word document to be submitted for grading.  (Please do not  submit each analysis separately.)

Note: Please be sure you refer to the numbers that appear on the printed pages in your electronic readings, not the numbers that appear with the navigation icons. 

4.2 Supremacy Clause The Clean Air Act, a federal statute, establishes national air pollution standards for fleet vehicles such as buses, taxicabs, and trucks. The South Coast Air Quality Management District (South Coast) is a political entity of the state of California. South Coast establishes air pollution standards for the Los Angeles, California, metropolitan area. South Coast enacted fleet rules that prohibited the purchase or lease by public and private fleet operators of vehicles that do not meet stringent air pollution standards set by South Coast. South Coast’s fleet emission standards are more stringent than those set by the federal Clean Air Act. The Engine Manufacturers Association (Association), a trade association that represents manufacturers and sellers of vehicles, sued South Coast, claiming that South Coast’s fleet rules are preempted by the federal Clean Air Act. The U.S. District Court and the U.S. Court of Appeals upheld South Coast’s fleet rules. The Association appealed to the U.S. Supreme Court. Are South Coast’s fleet rules preempted by the federal Clean Air Act? Engine Manufacturers Association v. South Coast Air Quality Management District, 541 U.S. 246, 124 S.Ct. 1756, 158 L.Ed.2d 529, Web 2004 U.S. Lexis 3232 (Supreme Court of the United States)

 4.7 Equal Protection Clause The state of Alabama enacted a statute that imposed a tax on premiums earned by insurance companies. The statute imposed a 1 percent tax on domestic insurance companies (i.e., insurance companies that were incorporated in Alabama and had their principal office in the state). The statute imposed a 4 percent tax on the premiums earned by out-of-state insurance companies that sold insurance in Alabama. Out-of-state insurance companies could reduce the premium tax by 1 percent by investing at least 10 percent of their assets in Alabama. Domestic insurance companies did not have to invest any of their assets in Alabama. Metropolitan Life Insurance Company, an out-of-state insurance company, sued the state of Alabama, alleging that the Alabama statute violated the Equal Protection Clause of the U.S. Constitution. Who wins and why? Metropolitan Life Insurance Co. v. Ward, Commissioner of Insurance of Alabama, 470 U.S. 869, 105 S.Ct. 1676, 84 L.Ed.2d 751, Web 1985 U.S. Lexis 80 (Supreme Court of the United States)