Assume that the state of Ohio passed a hazardous waste statute, seeking to protect the general public and workers. The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Both the state statute and
the federal Occupational Safety and Health Act established job safety standards and specified worker training and employer licensing, but the requirements differed. Discuss which statute(s) Ohio corporations had to obey, and identify the source of the answer.
Article VI of the Constitution provides the answer to this question. The Supremacy Clause states that the Constitution, and federal statutes and treaties, shall be the supreme law of the land. If there is a conflict between federal and state statutes, the federal law preempts the field, meaning that federal law controls the issue. The state law is void. Even in cases where there is no conflict, if Congress demonstrates that it intends to exercise exclusive control over an issue, federal law preempts. Thus, state law controls only when there is no conflicting federal law and Congress has not intended to dominate the issue. In a similar Illinois case discussed in the textbook, the Supreme Court concluded that Congress intended to regulate the issue exclusively. Federal law therefore preempted the field, and local employers were obligated to obey only the federal regulations.
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Kristy, a production manager at Smart Designs, believes that the formation of labor unions may have a negative impact on the performance of a company's stock. Which statement is likely to strengthen Kristy's belief?
A. Workers in unionized organizations tend to exhibit lower levels of productivity than workers in nonunion organizations. B. The formation of labor unions is likely to lead to conflicts between social and labor union goals. C. Unionized organizations are often required to pay their workers higher wages and offer them more generous benefits. D. Studies reveal that unions do not have any positive effects on performance measures, such as productivity, profits, and stock performance. E. Unions tend to have a positive impact on the self-esteem of their members.
When a valid grant deed is prepared, the title passes when it has been:
a. acknowledged b. delivered c. recorded d. signed
Measuring performance based on sell-through is often justified on the grounds that the manufacturer's sales force does not control sell-in
Indicate whether the statement is true or false.
When a car is sold on credit, what legal status does the creditor generally have with reference to the automobile?
a. The creditor retains legal title and thus holds a security interest in the vehicle, until it is paid for in full. b. The creditor is secondarily responsible to third parties injured by the driver of the vehicle. c. The creditor is obliged to carry collision and comprehensive automobile insurance on the vehicle to protect the security interest. d. all of the above