LSB 3213 Legal and Regulatory Environment of Business Professor Jack Wroldsen Office 210 Spears Business Building jack wroldsen okstate edu 405 744 5418 Schedule Today finish constitutional law chapter 4 Next class business ethics chapter 5 Warrants What is a warrant Warrants generally required but some exceptions Food Highly regulated industries General enforcement schemes Privacy Rights Personal info of employees customers etc HIPAA health information Laws on financial information credit cards Also employer usually may track employee computer and phone use Right to Remain Silent Individual vs corporate rights Criminal vs civil cases Document discovery Whatever you write post email etc Due Process 5th and 14th amendments government cannot deprive you of life liberty or property without due process of law Opportunity for defense in a fair process Examples school expulsion property tax Due Process Government Action Court proceedings fundamental fairness vs private arbitration Tom Brady case NFLPA arbitration contract Commissioner may prosecute judge punish NFL investigation found loose evidence 4 game suspension MLBPA v Garvey arbitrator s decision unenforceable if strays from interpretation and application of the agreement dispenses his own brand of industrial justice NFLPA contractual arguments Contract silent on deflated footballs Contract silent on punishment for being generally aware of others Equal Protection 14th amendment equal treatment for similarly situated people and businesses Higher scrutiny for laws that discriminate on basis of race gender national origin Rational basis review for laws that discriminate among businesses Iowa Gambling Case Pre 1989 gambling at race tracks only 1989 slots on river boats 20 tax 1994 slots at race tracks 36 tax Strict scrutiny or rational basis Why Violation of equal protection Why or why not Food Carts A law allows 10 food carts to operate downtown The 10 food carts sell pizza pasta burgers hot dogs Mexican food Thai food Indian food and southern BBQ Chinese food and Greek gyro food carts sue for violation of equal protection What is the standard of review Why Does the law violate equal protection Why or why not College Admissions MI undergrads race as determinative factor MI law school race as one factor among others SCOTUS only the law school method is valid Under E P why can govt use race to discriminate Two compelling reasons meet strict scrutiny Value of diversity Correct specific instance of discrimination e g construction Texas and Oklahoma Political responses different from legal analysis Texas Top 10 of high school seniors 75 of class Remaining 25 on other factors including race Oklahoma Legislature prohibits consideration of race Seven other states are similar Studying for Exams Class discussion vs textbook Coming soon on D2L Study guide for terminology Clicker registration Emphasis on application of legal concepts Sample Question Assume a federal law requires men between 18 and 25 to register for the selective service in case a military draft is instituted during a time of war Women are not allowed to register or to be drafted Is the law likely valid under the US Constitution Why or why not A Valid no violation of E P govt has rational basis to discriminate B Valid no violation of E P govt has compelling reason to discriminate C Invalid violates E P discriminates on basis of gender D Invalid violates commerce clause not related to inter state commerce E Invalid violates due process unequal opportunity for men and women Next Class Chapter 5 Business Ethics