Question
BA 226 how to answer cases question?Case 17.2 Trinity Marine Products v. Secretary of Labor Elaine Chao Chapter 17 p.569-570 1.Would Trinity's case against OSHA
BA 226 how to answer cases question?Case 17.2 Trinity Marine Products v. Secretary of Labor Elaine Chao Chapter 17 p.569-570
1.Would Trinity's case against OSHA have been stronger if the inspectors showed up with the marshals and forcibly searched the premises without first attempting to inspect without a warrant?Why or why not?
2. What are some examples of when the probable cause standard for administrative warrants would not be met?
- Focus on critical thinking: should the standards for warrants be different for different companies? does that raise any constitutional concerns?
Case 18.1 Friends of the Earth v. Gaston Copper Recycling Corp. Chapter 18 p. 591-592
1. Did Gaston escape a substantial civil fine based on a statutory technicality?
2. what could Friends have included I the notice letter that might help it prevail in a future case where the true extent of the violation is unknown?
3.Focue on critical thinking: Are citizen suit provisions an effective way to achieve environmental objectives? do citizen have the expertise necessary to make legal or scientific determinations that are inherent in environmental regulation? should enforcement be left to the government? why or why not?
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