Delaware restriction on the sale of Shine-It violates the Interstate Commerce Clause.

Background Facts You Need To Know: Viral Clean (Clean) is incorporated and located in Maryland, but it engages in business in all Mid-Atlantic states. Clean uses its line of disinfectant and cleaning products, and it also sells its products to other companies via the internet.

Recently, the Delaware legislature enacted a law banning all sales and importation, until further notice, of Clean’s Shine-It surface cleaner in Delaware, The Delaware Attorney General’s Office investigated consumer complaints. It discovered that one of the ingredients in Shine-It is contaminated and causes a quick-growing mold to spread on surfaces to which it is applied. The mold can be toxic to humans and can cause damage to surfaces.

Clean wants to continue selling Shine-It in Delaware. If Clean can sell Shine-It in Delaware, it will increase its income and profits. Clean, therefore, intends to challenge the new law as unconstitutional, and it has consulted TLG for advice.

Winnie and Ralph ask you to prepare a summary report of relevant constitutional law for a meeting with them and Clean’s owners.

Instructions

Report You Need to Prepare: Prepare a report that addresses the following three questions:

1. Analyze and explain whether the Delaware restriction on the sale of Shine-It violates the Interstate Commerce Clause.

Fully explain your conclusions based on constitutional law.

2. Analyze whether the doctrine of “police powers” derived from the 10th Amendment of the U.S. Constitution applies to the Delaware law.

Fully explain your conclusions based on constitutional law.

3. Discuss why it is essential for businesses to understand the impact of the Interstate Commerce Clause and state police powers.

 

Sample Solution

The Delaware legislature has passed legislation prohibiting the sale and importation of Clean’s Shine It floor cleaner in Delaware until further notice. One of the chemicals in Shine It, produced from maize, has been found to be tainted, causing a fast-growing mold to spread on surfaces to which it is applied. The mold is potentially hazardous to humans and can damage floors. Clean intends to sell ShineIt in Delaware as part of its product expansion. Clean will enhance its income and profits if it can sell shares of Shine it in Delaware. Clean intends to contest the new law as unconstitutional, and has sought guidance from TLG.

esearch suggest that one of the contemporary purpose of education is the preparation of workers for the global knowledge economy. The necessity of information technology in education is regarded as a political convention, decreed not only as the driver of economic growth, but advertised as the cure for social exclusion (Selmin et al 2001). The need to keep pace with society and prepare students for their roles in society are just two reasons to use technology in education. Educators and researchers refers strongly to the potential of technology to upgrade motivation and engagement of learners, to provide for different learning styles and improve learning outcomes (Eady and Lockyer 2013).

Therefore, literature suggest that one of the most powerful promises offered by technology is that learning will become more engaging. For example, Black (2008) and Ito et al (2008) suggest that interactivity of new media technologies provide a number of capabilities to enhance education. In fact, this is why drill and practice games , such as typing tutors can tempt children to learn content that they might otherwise consider ‘boring’. Studies completed by Collette Daiute (1985) demonstrates that children using word processors write better, because they can read their typed words, while they cannot read easily their own hand writing. Hence they receive instant feedback on their work, which they can easily modify using a word processor.

Other research finds that students learn more when they use technology to create new content themselves, rather than just being the receivers of material designed by others. A number of studies have found that students demonstrate stronger engagement, self-efficacy, attitudes toward school, and skill development when they are involved in creating own projects, such as creating reports, Power point presentation or video productions (Figg and Mchartney 2010; Elam et al 2012).

Vygotsky’s and Bandura’s theories provide educators with guidance on how to use technology in teaching and learning. . Learning occurs within a social environment, and technology can be used to facilitate social interaction and communication among learners in class, within a school, between schools and around the world (Eady and Lockyer 2013). Collaboration is also deep-rooted in Vygotsky’s theory of learning. He believed that in group-based learning there is a natural social nature of learning .Vygotsky proposed the notion of the zone of proximal development, which in essence is the difference between a learner’

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