Was this regulation constitutional

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Reference no: EM132244053

Please analyze the opinion in the case of Hughes v. Oklahoma on page 74.ONE PAGE and speparatly answer questions 2 and 8 on Page 92.ONE PAGE SO TWO PAGES IN TOTAL

Suggested Format for Case Analysis

1. FACTS: A concise statement of the important facts of the case- What basically occurred that gave rise to the dispute between the parties that wound up in litigation?

2. PROCEDURAL HISTORY: (If the information is provided; it may not be) what happened in court after suit was filed? Was there a dismissal; summary judgment; appeal; second appeal, etc?

3. ISSUE: What is the major issue that the court has to decide- (There may be more than one issue- what is the issue that relates to the material covered in the current chapter?)

4. DECISION: How did the court decide the case?

5. LEGAL REASONING: What does the Judge's opinion say about the legal basis for the decision.

6.YOUR COMMENTS (optional): Do you agree or disagree with the decision? Why?

Answer the following questions from case :

2. The state of Iowa had a statute limiting to 55 feet the length of trucks on its highways. This made it illegal for commonly used double-trailer trucks 65 feet long to use Iowa highways. The shippers had to use shorter trucks or go around the state. Iowa justified the regulation on the basis of safety on the highways and because the bigger trucks caused more damage to its highways. Was this regulation constitutional? [Kassel v. Consolidated Freightways Corp., 450 U.S. 662 (1981)J

8. Under the Hazardous Materials Transportation Act, the Secretary of Transportation regulates the trans-portation of hazardous materials. The regulatory scheme includes warrantless, unannounced inspec-tions of property and records involved in transport-ing hazardous materials. A propane gas dealer contested the constitutionality of surprise, warrant-less inspections of its transport facilities. The govern¬ment sued to force such inspections. Was that position upheld? [U.S. v. 17-1 Oil Co..63 F.3d 909, 9th Cir. (1995)]

Reference no: EM132244053

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