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Case Portfolio - Essay Example

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Facts : “To help reduce litter, the City of Sylvania enacted an ordinance prohibiting the distribution of free printed material in yards, driveways and porches. A publisher of the "Penny-Saver," a free weekly shopper newspaper thrown in yards and driveways, challenged the…
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Case Portfolio
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Download file to see previous pages 4. Facts : “The City of Ferndale, Michigan, adopted a comprehensive ordinance regulating massage parlors. Parlor owners contested the constitutionality of the ordinance, claiming that the warrantless search provision was in violation of the Fourth Amendments prohibition of unreasonable searches. Court of appeals held the searches to be unconstitutional; City appealed.” (www.swlearning.com/blaw/cases/warrantless_searches.html)
8. Rule of the Case : The right against unreasonable searches exists under the Fourth Amendment but an exemption from the search warrant requirement exists for administrative inspections of closely regulated industries.( www.swlearning.com/blaw/cases/warrantless_searches.html)
9. Reasons : Persons choosing to engage in a pervasively regulated business know that their business will be subject to effective inspection. The right to privacy must be balanced with the right of the state’s police power. (www.swlearning.com/blaw/cases/warrantless_searches.html)
4. Facts : “The FDA was sued "from enforcing policies restricting certain forms of manufacturer promotion of off-label uses for FDA-approved drugs and devices." The policies are expressed through complex and detailed Guidance Documents controlling manufacturer distribution of reprints of medical textbooks and peer-reviewed journal articles, and manufacturer involvement in continuing medical education and symposia.” (www.swlearning.com/blaw/cases/fda_limits.html)
6. Issue(s) : Whether FDA could limit any pharmaceutical or medical device manufacturer or other person from disseminating to medical professionals articles and textbooks published by independent publishers and by bona fide peer-review journals.
9. Reasons : “The regulations in question violate the Supreme Court’s Central Hudson test for commercial speech. Less intrusive regulations could address the concerns of ...Download file to see next pagesRead More
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