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In class we discussed in a federal system there is "preemption" which allows Congress or State Legislatures to insist on one uniform set of standard and regulations in a policy area that all states or local government in a state have to follow. Or "partial preemption" in which Congress sets the minimum or maximum standard in a policy area that a state must meet, but can always expand on for their citizens. The flip side of preemption, under the 10th Amendment, each state has the right to regulate certain activities free from federal interference or home rule which allows local governments to regulate certain activities free from state interference. The minimum wage is example of federalism, preemption and partial preemption. There is federal minimum wage, $7.25 (applies to all 50 states, employers who meet requirements, must pay this amount) but a state can increase it beyond this amount (partial preemption); Oregon statewide minimum wage is $9.25, (applies to all employers in Oregon who meet requirements), but local governments CANNOT increase it beyond this amount, FULL PREEMPTION. This system creates some level of consistency (across the U.S. and Oregon) and standards, which is an advantage of federalism, but also prevents local governments from responding directly to the needs of their community, and could result in a patchwork of solutions, which is a disadvantage of federalism. The President has called for an increase in the federal minimum wage and this fall Oregonians will be asked to vote on changes to the minimum wage, increasing the statewide minimum wage and/or removing the statewide FULL preemption from allowing local governments to increase above the statewide minimum. As you consider these options, which layer of government should be the one that decides what the minimum wage? Why?
In which of the following cases did the Supreme Court hold that inmates skilled in legal matters must be permitted to assist other inmates in preparing cases unless the government provides a reasonable alternative?
you are a designer of childrens clothing and decide to open a childrens clothing store. you find a nice space in a
In the years before war broke out between Colonists and Great Britain, Parliament passed a series of new laws affecting the Colonies. How did the Colonists respond to these policies
Should employers be able to recruit through employee referrals and word-of-mouth? Does the law allow for such a recruitment technique? What specific restrictions does Title VII place on an employer's ability to recruit and hire
Should the rule of law change when being applied in these situations? Should the practical application of the law by the courts differ in any of the situation
Each student should research his or her state's child abuse central registry. Each student should discussion the following information: What information does it contain? How long is each case retained
Through your research, what do you find are the serious issues and trends in working with offenders with mental disorders? Discuss the anticipated trends in dealing with offenders with mental disorders
None of these statements, which proved simply untrue or very misleading, were included in the sale contract and which included a "whole of agreement" clause. Samantha discovered the truth after purchasing the property and that the property was..
What risks are associated with use, abuse, and addiction of this substance, Thoroughly describe the behavioral and psychological issues associated with the substance
Do you agree with Jeremy Bentham's hedonistic calculus approach to crime punishment? What 11 types of punishment were identified by Bentham, who was on the founders of the Classical School of criminological thought? What does each type involve? What ..
After reading the U.S. Small Business Administration (SBA) article, "How to Create a Legally Binding Contract," and visiting and reading the Student Career Center's "Advanced Topics for Professional Success" and under the Conflict Management secti..
Choose two (2) tools that a paralegal could use to conduct the research process. Explain the primary manner in which each of the identified tools enables a paralegal to interpret legal authority
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