Duty and Causation

Briefing
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Supremacy Clause – Rowe, Attorney General of Maine v. New Hampshire Motor Transport Association
Each of the four subjects actually affects business in the United States. As regards 5.1 Supremacy Clause, the best-case scenario is that the Federal Aviation Administration Authorization Act, which is the federal law, preempts the state law. The preemption provision of this Act forbids the state of Maine or any other state from passing laws which relate to the services, routes or prices of motor and air carriers. The worst-case scenario is that the FAAAA does not preempt state laws which use the police power of the state to demand that motor and air carriers take measures to make sure that tobacco cigarette is not sold to people who are underage (FindLaw, 2014).
Duty and Causation – James v. Meow Media, Inc.
The best-case scenario here is that the actions of Michael Carneal were not adequately predictable or anticipated to enforce a duty of reasonable care of the defendant regarding the children that Carneal shot. Simply put, companies that produce or maintain movies, video games or internet websites do not owe any duty of care at all to 3rd parties who get affected by the behavior of a game or movie consumer. As such, the claims by James were dismissed. The worst-case scenario is that the content of the media outlets actually influences the behavior of the consumers and media companies should have a duty of care to third parties that get affected by the behavior of a game or movie consumer.
Search and Seizure – United States of America v. Garcia
Here, the best-case scenario is that if the law enforcement officers have a reasonable suspicion that an individual is engaging in criminal activity, they do not have to get any warrant at all to sanction them to put a GPS tracker on the car of that person. Moreover, the 4th Amendment does not have seizure or search (FindLaw, 2014). The worst-case scenario is that the police must have a search warrant as well as a probable cause to believe that the search will reveal evidence of crime or contraband before they put a GPS tracker on a person’s vehicle.
Copyright – Harper & Row, Publishers Inc. v. Nation Enterprises
The best case scenario here is that using any material which has already been copyrighted amounts to an infringement under the Copyright Act. The memoirs of Ford were protected by copyright when The Nation published the 300-400 words from the unpublished Ford manuscript. On the other hand, worst-case scenario is that The Nation’s usage of copyrighted material was in fact permitted b...