93. Privacy. Using special software, South Dakota law enforcement officers found a person who appeared to possess child pornography at a specific Internet address. The officers subpoenaed Midcontinent Communications, the service that assigned the address, for the personal information of its subscriber. With this information, the officers obtained a search warrant for the residence of John Rolfe, where they found a laptop that contained child pornography. Rolfe argued that the subpoenas violated his "expectation of privacy." Did Rolfe have a privacy interest in the information obtained by the subpoenas issued to the Midcontinent? Discuss. [State of South Dakota v. Rolfe, 825 N.W.2d 901 (S.Dak. 2013)] {See Privacy.) 104. Business Case Problem with Sample AnswerWhite-Collar Crime. Matthew Simpson and others created and operated a series of corporate entities to defraud telecommunications companies, creditors, credit reporting agencies, and others. Through these entities, Simpson and his con-federates used routing codes and spoofing services to make long-distance calls appear to be local. They stole other firms' network capacity and diverted payments to themselves. They leased goods and services without paying for them. To hide their association with their corporate entities and with each other, they used false identities, addresses, and credit histories, and issued false bills, invoices, financial statements, and credit references. Did these acts constitute mail and wire fraud? Discuss. [United States v. Simpson, 741 F.3d 539 {5th Cir. 2014)] (See Types of Crimes.) 121. Unilateral Contract. Rocky Mountain Races, Inc., sponsors the "Pioneer Trail Ultramarathon," with an advertised first prize of $10,000. The rules require the competitors to run one hundred miles from the floor of Blackwater Can-yon to the top of Pinnacle Mountain. The rules also provide that Rocky reserves the right to change the terms of the race at any time. Monica enters the race and is declared the winner. Rocky offers her a prize of $1,000 instead of $10,000. Did Rocky and Monica have a contract? Explain. (See An Overview of Contract Law.) 131. Conditions of Performance. The Caplans contract with Faithful Construction, Inc., to build a house for them for $360,000. The specifications state "all plumbing bowls and fixtures . . . to be Crane brand.\" The Caplans leave on vacation, and during their absence, Faithful is unable to buy and install Crane plumbing fixtures. Instead, Faithful installs Kohler brand fixtures, an equivalent in the industry. On completion of the building contract, the Caplans inspect the work, discover the substitution, and refuse to accept the house, claiming Faithful has breached the conditions set forth in the specifications. Discuss fully the Caplans' claim. (See Performance and Discharge.) 233. Business Case Problem with Sample AnswerAgency Powers. A well-documented rise in global temperatures has coincided with a significant increase in the concentration of carbon dioxide in the atmosphere. Many scientists believe that the two trends are related, because when carbon dioxide is released into the atmosphere, it produces a greenhouse effect, trapping solar heat. Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is authorized to regulate "any\" air pollutants "emitted into . . . the ambient air\" that in its "judgment cause, or contribute to, air pollution. "A group of private organizations asked the EPA to regulate carbon dioxide and other \"greenhouse gas\" emissions from new motor vehicles. The EPA refused, stating, among other things, that the most recent congressional amendments to the CAA did not authorize any new, binding auto emissions limits. Nineteen states, including Massachusetts, asked a district court to review the EPA's denial. Did the EPA have the authority to regulate greenhouse gas emissions from new motor vehicles? If so, was its stated reason for refusing to do so consistent with that authority? Discuss. [Commonwealth of Massachusetts v. Environmental Protection Agency, 549 U.S. 497, 127 m. 1438, 167 L.Ed.2d 248 (2007)] (See Agency Creation and Powers.)|