Monday, May 13, 2019

Case Portfolio Essay Example | Topics and Well Written Essays - 1000 words

subject area Portfolio - Essay Example4. Facts The City of Ferndale, Michigan, adopted a comprehensive ordinance regulating massage parlors. sitting room 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 prerogative 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 retirement must be balanced with the right of the states police power. (www.swlearning.com/bl aw/cases/warrantless_searches.html)4. Facts The FDA was sued from enforcing policies restricting certain forms of producer promotion of off-label uses for FDA-approved drugs and devices. The policies are expressed through complex and detailed Guidance Documents controlling manufacturer dispersal 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 either pharmaceutical or medical device manufacturer or other person from disseminating to medical professionals articles and textbooks make by independent publishers and by bona fide peer-review journals.9. Reasons The regulations in question violate the Supreme Courts telephone exchange Hudson test for commercial speech. Less intrusive regulations could address the concerns of

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