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.
You might also like to view...
If a minor does not disaffirm a contract upon reaching the age of majority, the contract is considered as ratified
Indicate whether the statement is true or false
Oxtren, Inc is a tools wholesaler. Oxtren sent M&E Tools a purchase order offering to buy 200 Model 308 milling & drilling machines with R-8 spindles. The purchase order stated the credit term to be 2% discount if payment was made in 10 days, with the
full amount due in 30 days. M&E responded with an acceptance form accepting the offer. The acceptance form, however, stated that full payment was due on delivery and that disputes under the contract would be settled by arbitration. (A) Do the parties have an agreement? (B) What is the payment term? (C) Is the arbitration clause part of the agreement?
Under the UCC, a merchant is frequently held to a higher standard of conduct than a non-merchant
Indicate whether the statement is true or false
Two variables have a correlation coefficient equal to -0.65 from a sample size of 10. Which one of the following statements describes the results of the hypothesis test that the population correlation coefficient is less than zero using ? = 0.05?
A) Because the test statistic is less than the critical value, we can reject the null hypothesis and conclude that the population correlation coefficient is less than zero. B) Because the test statistic is less than the critical value, we can reject the null hypothesis and conclude that the population correlation coefficient is not less than zero. C) Because the test statistic is greater than the critical value, we can reject the null hypothesis and conclude that the population correlation coefficient is less than zero. D) Because the test statistic is greater than the critical value, we fail to reject the null hypothesis and conclude that the population correlation coefficient is not less than zero.