Week 1 discussion
DQ1 May I Call You?
Congress enacted a restriction on telemarketing, known as
the National Do-Not-Call list, which made it illegal for telemarketers to place
unsolicited commercial calls to consumers. A consumer may register up to three
residential phone numbers for the list. The Act does not prohibit calls from
political campaigns and others seeking support for political candidates, nor
calls from certain charities seeking donations. The Act provides for
significant financial penalties imposed by the Federal Communications Commission
on any telemarketer or company that violates the law. Some telemarketer
organizations claim that the law is unconstitutional.
Congress also enacted the CAN SPAM Act, prohibiting certain
kinds of spam e-mail nationwide. The CAN SPAM Act also states that, “This act
supersedes any statute, regulation or rule of a state that expressly regulates
the use of electronic mail to send commercial messages, except to the extent
that the state rule prohibits deception in any portion of a commercial
electronic mail message or information attached thereto.” Subsequently,
California enacted a new anti-SPAM law that applies to spam e-mail either sent
from a server in California or sent to a California e-mail address.
What constitutional law issues do these statutes raise, and
who should prevail? How, specifically, should the courts resolve these
constitutional issues according to the current state of the law? What
substantial government interest is Congress attempting to protect with the
National DNC List? Where is that found in U.S. Constitution? What other
strategies could the government employ to reach the same result?
DQ2 A Sobering
Lawsuit
Fun Products, Inc. is in the business of designing computer
games. At the end of a particularly successful year, company management decided
to throw a celebration party at which it would announce large bonuses for the
entire workforce. The party was held in the banquet room of a local hotel,
owned by the Milton Hotel chain, and was catered by the hotel, including an
open bar for all guests. Employees were also invited to bring a spouse or
significant other. A good time was had by all, but too much fun was had by a
few, including Larry Lush, and his wife, Linda. Larry and Linda had attended
other company functions at which alcohol was served, and had a reputation for
drinking a bit too much.
The company offered a free taxi ride home to any employee
who had a bit too much to drink, but Larry and Linda declined the free cab
ride, and attempted to drive home in their own car. En route, Larry, who was
driving, struck another vehicle, injuring Veronica, the driver of that car.
Larry has limited assets, and his insurance had just expired, as well as his
driver’s license. Veronica wants to sue Fun Products, Inc. and the Milton Hotel
chain for her injuries, which include medical bills, lost wages, property
repair costs (her car), and pain and suffering. She also wants to obtain a
court order prohibiting Fun Products, Inc. from ever serving alcohol at a
company function again.
Without trying to decide who will win if Veronica sues Fun
Products, Inc. and the Milton Hotel chain, analyze the following. Who are the
parties to this lawsuit, and what are they called (trial level and appeal
level)? What types of law will Veronica’s lawsuit involve? What type of
remedies is she seeking, and are these remedies (or some of them) appropriate
to this type of case? What legal sources will the court consider in deciding if
Fun Products, Inc. and the Milton Hotel chain (or either of them) are liable
for Veronica’s injuries? What types of liability does Larry face as a result of
this scenario? What burden of proof will apply? What issues in this dispute
would a jury decide (if the case went to trial), and what issues would a judge
decide? What if the person(s) with liability here doesn’t have the money to pay
Veronica’s damages?
