Using IRAC, answer the following hypotheticals: 1. Trucking companies usually use 65 foot long double trailer...
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Using IRAC, answer the following hypotheticals: 1. Trucking companies usually use 65 foot long double trailer trucks to ship goods on the highway system across the US. Almost all states permit these vehicles on their highways. The federal government does not regulate the length of trucks that can use the nation's highways. The state of Iowa enacted a statute that restricted the length of trucks that can use highways in the state to 55 feet. ABC Trucking Co. wanted to move goods through lowa and now needed to use either smaller trucks or detach the double trailers and shuttle them through the state separately. Or, ABC could drive around lowa ABC alleges lowa's statute is unconstitutional. Does lowa's statute violate the Constitution? If so, what is the basis? What will Iowa's and ABC's arguments use in court? How will the court decide and why? 2. A private real estate developer has been working for years with officials at the City and State levels in New York to condemn several neighborhood blocks in the Brooklyn area. The property would be given to the developer so that the developer can build a private baseball stadium. The City officials agree to condemn approximately 10 very large condo buildings. Most residents agree to sell their residences to the developer while a few want to continue to live in their homes. The remaining homeowners want to legally challenge the use of eminent domain in this situation. What would be the Constitutional challenge? Who would win and why? 3. NYC enacted an ordinance to regulate the locations of commercial establishments that featured adult entertainment. The ordinance expressly applied to female, but not male, topless entertainment. Tamika Simmons owned a cabaret in NYC that featured female topless dancers. Simmons challenged the ordinance. How can the ordinance be challenged? What standard applies? Who wins and why? Using IRAC, answer the following hypotheticals: 1. Trucking companies usually use 65 foot long double trailer trucks to ship goods on the highway system across the US. Almost all states permit these vehicles on their highways. The federal government does not regulate the length of trucks that can use the nation's highways. The state of Iowa enacted a statute that restricted the length of trucks that can use highways in the state to 55 feet. ABC Trucking Co. wanted to move goods through lowa and now needed to use either smaller trucks or detach the double trailers and shuttle them through the state separately. Or, ABC could drive around lowa ABC alleges lowa's statute is unconstitutional. Does lowa's statute violate the Constitution? If so, what is the basis? What will Iowa's and ABC's arguments use in court? How will the court decide and why? 2. A private real estate developer has been working for years with officials at the City and State levels in New York to condemn several neighborhood blocks in the Brooklyn area. The property would be given to the developer so that the developer can build a private baseball stadium. The City officials agree to condemn approximately 10 very large condo buildings. Most residents agree to sell their residences to the developer while a few want to continue to live in their homes. The remaining homeowners want to legally challenge the use of eminent domain in this situation. What would be the Constitutional challenge? Who would win and why? 3. NYC enacted an ordinance to regulate the locations of commercial establishments that featured adult entertainment. The ordinance expressly applied to female, but not male, topless entertainment. Tamika Simmons owned a cabaret in NYC that featured female topless dancers. Simmons challenged the ordinance. How can the ordinance be challenged? What standard applies? Who wins and why?
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