select 2 of the following 4 questions to brief and discuss
Under the Federal Sex Offender Registration and Notification Act (SORNA), sex offenders must register and update their registration as sex offenders when they travel from one state to another. David Hall, a convicted sex offender in New York, moved to Virginia, where he did not update his registration. He was charged with violating SORNA. He claimed that the statue is unconstitutional arguing that Congress cannot criminalize interstate travel if no commerce is involved. Is that reasonable? Why or why not? Prepare Case Brief and Discuss [United States v. Guzman, 591 F. 3d 83 (2d Circuit)] {See the Constitutional Powers of Government]
2. In 2001, Puerto Rico enacted a law that requires specific labels on cement sold in Puerto Rico and imposes fines for any violations of these requirements. The law prohibits the sale or distribution of cement manufactured outside Puerto Rico that does not carry a required label warning that the cement may not be used in government financed construction Projects. Antilles Cement Corp., a Puerto Rican firm that imports foreign cement, filed a complaint in federal court, claiming that this law violated the dormant commerce clause. (The dormant commerce clause doctrine applies not only to commerce among the states and the U.S. territories, but also to international commerce) Prepare Case Brief and Discuss? {Antilles Cement Corp. v. Fortuno, 670 F.3d 310 )1st Cir 2012)]
3. Mark Wooden sent e-mail to an alder-women for the city of St. Louis. Attached was a nineteen minute video that compared her to the biblical character, Jezebel – she was the “bitch in the Sixth Ward,” spending too much time with the rich and powerful and too little time with the poor. In a menacing , maniacal tone, Wooden said that he was dusting off a sawed-off shotgun, “ called himself a “domestic Terrorist” and referred to the assignation of President John F. Kennedy, the murder of a federal judge, and the shooting of Congresswoman Gabrielle Giffords. Feeling threatened, the alderwoman called the police. Wooden was convicted of harassment under a state criminal statute. Was this conviction unconstitutional under the First Amendment? Prepare Case Brief and Discuss [State v. Wooden, 388 S. W.3d 522 (Mo. 2013)]
4. Abbott Laboratories licensed Smith Klien Beecham Corp. to market a human immune-deficiency virus (HIV) drug manufactured by Abbott in conjunction with one of SmithKline’s drugs. Abbott then increased the price of its drug fourfold, forcing SmithKline to increase its prices and thereby driving business to Abbott’s own combination drug. SmithKline filed a suit in a federal court against Abbott, alleging violations of the implied covenant of good faith and fair dealing. During jury selection, Abbott struck the only self-identified gay person among the among the potential jurors. (The pricing of HIV drugs is of considerable concern in the gay community.) Could the equal protection clause be applied to prohibit discrimination based on sexual orientation in jury selection? Prepare Case and Discuss. (SmithKline Beecham Corp. v. Abbott Laboratories, 740 F.3d 471 (9th Circuit 2014)
Both cases you choose must be 300 plus words with one source each.
