Please respond to 2 discussions number them 1 and 2 in the response.
1. The passage explores several core ideas in law and government, including legislative procedures, administrative regulation, judicial review, and international legal systems. First, judicial review—which is carried out by the US Supreme Court—involves:
Determining the rights of individuals and the scope of governmental authority.
Defining individual liberties.
Evaluating the constitutionality of laws and government activities.
The legislative process is then described, stressing Congress’s responsibility to pass laws to deal with national concerns and highlighting the importance of public participation and congressional discussion in creating meaningful legislation (Jennings, 2021). Thirdly, the process of investigation, proposal, and involvement by the public to develop regulations managing industry activities and protecting the public interest is highlighted through administrative rulemaking by organizations such as the FDA and SEC (Jennings, 2021). Finally, an awareness of various worldwide legal systems—such as common law, civil law, Islamic law, and previous communist legal systems—underlines how crucial it is for businesses to navigate compliance with regulations and legal difficulties by having a solid understanding of global legal frameworks (Jennings, 2021). The work highlights how complex interactions among legislation, court decisions, administrative actions, and international legal standards shape legal environments and governance frameworks nationally and globally.
Graduate-level Response
First Question: Federal Jurisdiction and Beets R Us, LLC
Only in the state of Iowa does Beets R Us, LLC, conduct business as a medium-sized farm, with most of its beet products being consumed and sold within state lines. Though the farm occasionally has out-of-state consumers who purchase its products while visiting Iowa, its operations are primarily intrastate. Article I, Section 8 of the United States Constitution grants federal authority over interstate commerce matters. Since most of Beet’s R Us, LLC’s transactions occur in Iowa, the company’s business activities primarily fall under intrastate trade. Even if sales to customers outside the state are standard, they do not represent a significant or consistent business flow across state lines. Due to their minimal impact on interstate commerce, Beets R Us, LLC’s business operations are unlikely to fall under Article I, Section 8 federal authority. It is crucial to remember that, notwithstanding interstate commerce concerns, the farm’s operations may still be subject to some federal laws, such as environmental or food safety standards.
Second Question: Rebuttals to FOIA Requests
The corporation may have many defenses against providing the sought material in response to Peter Plaintiff’s wrongful death lawsuit and his FOIA request for a broad range of business documents. First, the company may contend that FOIA exemptions exempt proprietary or secret business information from disclosure, which the requested records contain. Business secrets privileged or private financial or commercial details, and data that, if revealed, would impair the company’s competitive position are all excluded. Second, the company can contend that disclosing specific records would jeopardize diplomatic ties or national security, in which case FOIA exclusions about foreign policy or national defense would apply. The company may also contest the FOIA request’s scope, claiming it needs to be narrower and more manageable to complete within the legally required deadline. Generally, safeguarding confidential company information, upholding FOIA exemptions and laws, and defending national interests would be the main focuses of the corporation’s defenses against disclosing the requested information under FOIA.
Question 3: The Impact of Expropriation on Foreign Investments
The term “expropriation” describes the government’s taking of private property or its forced acquisition for public use or other reasons judged to be in the country’s best interests. Foreign investors face severe dangers and difficulties when their investments in different nations are exposed to expropriation. When property rights, investments, and assets are taken away through expropriation, impacted investors may not receive fair compensation or other legal remedies. International commercial connections may be harmed, future investment may be discouraged, and investor trust may be damaged.
Countries may use a variety of tactics in reaction to expropriation to safeguard their investments and reduce risks. One of these tactics is negotiating investment protection agreements, such as investment chapters in free trade agreements or bilateral investment treaties (BITs), which offer guarantees against expropriation and compensation for expropriated properties. Countries may also use international arbitration procedures, such as investor-state dispute settlement (ISDS), to address disagreements resulting from expropriation and pursue damages for losses incurred. To reduce their exposure to expropriation risks, nations should diversify their investment portfolios, put risk mitigation strategies into place, and perform careful due diligence before investing abroad. Expropriation, in general, presents severe obstacles to national investments abroad, calling for proactive steps to protect capital and reduce risks in an increasingly international economy.
Reference:
Jennings, M. M. (2021). Business: Its Legal, Ethical, and Global Environment (12th ed.). Cengage Learning US. https://reader2.yuzu.com/books/9798214338873
2.
Chapter five discusses how the constitution relates to businesses and why such laws were added to protect businesses as well as private and public interests. This can be seen in the relationship between the first amendment and commercial speech to further communicate “the economic interests of the speaker” (Jennings, 2021, p. 156). Chapter six dives deeper into administrative laws and how they apply to the structure and running of businesses. An example of this can be illustrated through administrative agencies providing a platform for businesses to have due process, or “the opportunity to be heard… before property, rights, or income is taken” to ensure that they are treated fairly and justly (Jennings, 2021, p. 184). Finally, chapter seven delves into international law and the complications that arise with doing business across borders. For example. one fascinating aspect of international law is how antitrust are handled on a global scale within the United States. Even though a country is located or headquartered internationally, it is still subject to antitrust laws; the same is true for U.S. firms in the European Union (Jennings, 2021, p. 243). This shows that similar market issues are not just reserved for the United States economy, but exist in markets worldwide.
1. The commerce clause in Article I, Section 8, Part 3 of the constitution states that congress has the power to “regulate Commerce with foreign Nations, and among the several States” and also applies to any commercial activity that has a “direct and immediate effect on interstate commerce” (Jennings, 2021, 143-144). There are also standards for state regulation of interstate commerce that include identifying “whether federal regulation supersedes state involvement and whether the benefits achieved by the regulation outweigh the burden on interstate commerce (Jennings, 2021, p. 145). With the limited information given on the circumstances of Beets R Us, LLC, it is safe to consider that the business does not fall under the commerce clause because the products are only sold within their own state and there is no attempt to sell the product in multiple states. Even the beets purchased by people from other states had the transactions occur within Iowa. This operation of beets does not seem to be large enough to have a direct and immediate impact on the commerce of beets. However, there is a possibility of where federal regulation could supersede state involvement, such as if the beets being sold are poisonous and the public is threatened.
2. Peter Plaintiff is able to request information for the company his son was working for under the Freedom of Information Act (FOIA) which “allows access to certain information federal agencies possess and requires that the agencies publicly disclose their procedures and decisions” (Jennings, 2021, p. 185). While this act makes certain information available to the public, there are ways for private companies to protect themselves and information by filing a reverse FOIA suit for trade exemptions and for individuals that would be affected by the release of government information (Jennings, 2021, p. 187). The company that Peter Plaintiff’s son worked for could claim that these documents that are being requested contain trade secret information and therefor cannot be made public.
3. Expropriation can be defined as “The effect of nationalization is that the private property of citizens and businesses operating in that country can be taken by the government” (Jennings, 2021, p. 239). This can affect other countries by investing in a country where expropriation is being practiced due to the uncertainty of the investment’s security. If an investment is not secure, then there is greater risk of a loss. This can be mitigated by treaties and negotiations with other countries to create protections against expropriation and the risk has been dealt with in the United States by “congress creating a federal insurer for U.S. investments abroad” (Jennings, 2021, p. 239)
References:
Jennings, M. M. (2021). Business: Its Legal, Ethical, and Global Environment (12th ed.). Cengage Learning US.
