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I need both answers in IRAC method. Issue, Rule, Application, Conclusion. Be sure to answer both questions: 1. You own a local nightclub that sells
I need both answers in IRAC method. Issue, Rule, Application, Conclusion. Be sure to answer both questions: 1. You own a local nightclub that sells alcohol. You would like to advertise in college newspapers in the area. The editors and the university have no objections to your ads, but a state statute prohibits college newspapers from advertising businesses that earn more than half of their revenue from the sale of alcohol. (As a nightclub, most of your revenue comes from alcohol sales.) Does the state statute prohibiting you from advertising in the school newspaper violate your rights under the First Amendment of the United States Constitution? 2. You quit your job because you believe your employer has been retaliating against you due to your desire to form a union at your workplace. Because retaliating against employees based on their desire to unionize violates federal law, you file a lawsuit against your employer. Your employer wants to have the lawsuit dismissed, and in doing so, your employer pulls out an employment contract. The employment contract contains an arbitration clause, requiring you to submit any dispute you have with your employer to arbitration. You believe that the court should ignore the arbitration clause and let the lawsuit proceed. Arbitration is a procedure where a third party decides the case outside of the traditional court system. An arbitration clause is a contract clause where parties to a contract mutually agree to waive their right to go to court and instead settle the dispute in arbitration. In arguing that the court should ignore the arbitration clause, you rely on a state law that prohibits arbitration clauses in employment contracts from being enforced unless they are agreed upon in a separate contract. Because this arbitration clause is not part of a separate contract, you believe that the court should refuse to apply the arbitration clause. In response, your employer relies on a federal law that states that arbitration clauses cannot be treated differently from any other type of contract provision. Because the arbitration clause would otherwise be valid, your employer believes that the court should enforce the arbitration agreement. The judge considering the case recognizes that if state law applies, your argument is correct, and the arbitration agreement should not be enforced. However, if federal law applies, your employer's argument is correct, and the arbitration agreement should be enforced. Should the judge enforce the arbitration agreement in this case
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