Tag: Government

  • Definition and Essay on Federal System of Government

    Definition and Essay on Federal System of Government

    What is the Federal System of Government? their Definition and Essay; A federal system of government divides the powers of government between the national (federal) government and state and local governments.

    Here is the article to explain, Definition and Essay on Federal System of Government!

    The Constitution of the United States established the federal system, also known as federalism. Under federalism, each level of government has sovereignty in some areas and shares powers in other areas. For example, both the federal and state governments have the power to tax. Only the federal government can declare war.

    What is a federal system government?

    Federalism and the federal system define the basic structure of the American government. There were many disagreements at the Constitutional Convention. Many delegates feared a national government that was too strong and many delegates feared that states’ rights would merely continue the weak form of government under the Articles. The Constitution created a federal system of government (federalism) as a compromise. Under federalism, power stands shared and divided between national and state governments.

    Both levels have their agencies and officials and directly affect the people. The Founding Fathers had no other choice except federalism. The weak union created under the Articles would not work yet people did not want to give all the power to a national government. Federalism was the middle ground–compromise–a way to distribute authority between the states and the national government

    What are the pros or benefits or advantages of a federal system of government?

    The powers limited.

    I learned that the “individual” was the topmost focus of American society. Every policy devised at the official level would firstly think about; how it would benefit or affect the individual living inside the American state. In our society, there is a greater emphasis on family, society, and the country; but a lot of attention in the US stands paid to individual liberty. The state tries to ensure all forms of liberty for the individual. This includes the freedom of religion. Every individual is free to practice whatever religion he or she prefers. However, there is no state religion in the US.

    The government does not have a religion/does it pursue any policy, including foreign policy, based on religion. There are no religious parties in the US. Another important area of individual liberty enshrined in the US Constitution is the freedom of speech and cultural expression. While everyone allows to independently articulate their views, people exist expected to refrain from making hate speeches.

    There is also freedom of information.

    The government of the United States cannot put any curbs on the media. Interestingly, there is no Ministry of Information in the United States. The media is largely independent and free from official control. All media outlets are under private ownership which keeps ascertaining public opinion about; their interest in different issues through opinion polls and surveys. The US media rarely discusses the country’s foreign policy. A lot of attention exists paid to domestic issues by the media; because not many people in the US take a keen interest in foreign affairs. Newspapers and TV channels keep the interest of their readers and viewers supreme; and, they avoid printing and broadcasting such material which fails to attract public attention.

    The government structure in the US does not centralized.

    The country stands divided into independent federal, state, and local governments. There are fifty states in the US but all of them have different constitutions, separate laws, and state flags. Several laws, including those about the death penalty, gay and lesbian marriages, or age of eligibility to use alcoholic drinks, differ from one state to the other. For example, the death penalty is legal in New York but it is illegal in Florida. In the same way, punishment for one offense could also be different from one state to the next state.

    Example;

    Unlike Pakistan, the President of the United States does not appoint the governors of American states nor does he influence them. They exist elected by the voters inside the states and enjoy full independence in terms of pursuing state policies. The states in the US are so much power that they can even negotiate international trade deals; with other countries provided that they do not clash with the interests of the US federation. The American states exist empowered to impose taxes on the citizens. Mr. Elias informed us that 90% of the state budget in the US comes from public taxes; while the government accounts for only 10% of the budget.

    Another example;

    Another classic example of a decentralized American federal system is the local government. The local governments are also autonomous and powerful to impose taxes. The county police chief stands elected. He is so powerful that even the President of the US cannot pressurize him. Thus, he expects to perform well if he exists interested to seek a new term for the same office. There is no national education policy in the US. Every county and state has its education policy. Every county stands divided into a school district. The federal government’s contribution to the total education budget of the states is barely 6%; while the remaining budget stands paid by the states themselves.

    The US federal system government has four mandates which can not exist taken away from it under the US constitution.

    • Defense
    • Foreign Policy
    • Management of dollar
    • Inter-state commerce

    The US has a bicameral presidential system comprising of the House of Representatives; the lower house with 435 members, and the US Senate, the upper house with 100 seats. Presently, the Democratic Party of President Barrack Obama has 255 seats in the lower house; while the Republicans have 178 seats. Two other seats are currently vacant. Representation in the House of Representatives stands given to the states based on population. At the moment, California, the most populated state of the US, has 53 seats. The Senate provides equal representation to all states.

    Courts of the United States;

    “Court of the United States” includes the Supreme Court of the United States, courts of appeals, district courts, Court of International Trade, and any court created by Act of Congress the judges of which stand entitled to hole Office during good behavior. 28 U.S.C.A. ~ 451. Also, the Senate sits as a court of impeachment.

    Supreme court;

    An appellate court exists in most of the states. In the federal court system and most states, it is the highest appellate court or court of last resort. In others (such as New York) the supreme court is a court of general original jurisdiction, possessing also (in New York) some appellate jurisdiction, but not the court of last resort. Supreme court of errors. Formerly, the court of last resort in Connecticut, now called “Supreme Court”.

    The “Judicial power of the United States”, whatever it may be, stands vested in the Supreme Court and such other courts as Congress may establish. But the composition of the Court, including the number of its members, exists left for congressional decision; and, while federal judges cannot exist removed except by impeachment; there is nothing to prevent Congress from creating additional judgeships whenever it chooses. Furthermore, although the judicial power “extends” to a variety of cases described in Article III, section 2; the second paragraph of that section significantly qualifies what the first seems to have granted; and, gives Congress power to control the Supreme Court’s jurisdiction over appeals from lower courts.

    Parts 01;

    By the way, its famous section 25 gave the Supreme Court power to reverse or affirm state court decisions; that had denied claims based on the federal Constitution, treaties, or laws. This meant that such cases could exist reached by the Supreme Court through its appellate jurisdiction. But suppose a state court had denied such a claim under the federal Constitution; and, the Supreme Court of the United States reversed on the ground that the state court’s interpretation of the Constitution was in error.

    And suppose further that the state court obstinately continued to insist upon its interpretation. Was there anything in the Constitution to guarantee that the Supreme Court’s opinion would prevail; that the Supreme Court’s authority was superior to state courts? Or suppose, to carry the matter a step further, that the government state court had a federal system law invalid; as conflicting with the national Constitution and the Supreme Court agreed with this holding; thus asserting its authority to overthrow an act of Congress. Does the Constitution make it clear that the Court has its final authority of “judicial review” over national legislative enactments?

    The answer to both questions is a fairly solid “no”. As for state decisions, it has existed argued that the “supreme law of the land” clause; and the clause extending the judicial power to cases arising under the Constitution do make it clear; that the Supreme Court stood intended to be preeminent on questions of constitutional interpretation. If the Constitution is supreme and the Supreme Court has jurisdiction over cases involving the Constitution; then it follows that the court’s word on such matters is paramount over all others.

    Parts 02;

    The fact that the Constitution is supreme does not settle the question of who decides what the Constitution means and as for the judicial review of congressional acts, the support in the language of the Constitution was even more suppositious. Arguments for the authority derived solely from that language seem inevitable to beg the question.

    Supreme Court of the United States. The U.S. Supreme Court comprises the Chief Justice of the United States and such number of Associate Justices as may exist fixed by Congress. Under that authority, and under the act of June 25, 1948, the number of Associate Justices is eight. Power to nominate the Justices stands vested in the President of the United States, and appointments stand made by and with the advice and consent of the Senate.

    Article III, section 1, of the Constitution further provides that “the Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not diminish during their Continuance in Office”. The term “good behavior” stands well understood to mean justices may serve for the remainder of their lives, although they can voluntarily resign or retire. Supreme Judicial Court. The highest appellate court in Maine and Massachusetts.

    Courts of Appeals, U.S.;

    Intermediate appellate courts stood created by Congress in 1891 and known until 1948 as United States Circuit Courts of Appeals, sitting in eleven numbered circuits, the District of Columbia, and the Court of Appeals for the Federal Circuit. Normally cases exist heard by divisions of three judges sitting together, but on certain matters, all the judges of a circuit may hear a case. Courts of appeals have appellate jurisdiction over most cases decided by United States District Courts and review and enforce orders of many federal administrative bodies. The decisions of the courts of appeals are final except as they are subject to discretionary review on appeal by the Supreme Court.

    Court of Appeals for the Federal Circuit. Federal court, established in 1982, with appellate jurisdiction over actions arising under the laws relating to patents, plant variety protection, copyrights, trademarks, contract and property claims against the United States, appeals from the United States Claims Court, Patent and Trademark Office, the United States Court of International Trade, the Merit Systems Protection Board, the Court of Veterans Appeals. As well as appeals under the Plant Variety Protection Act, the Contract Disputes Act, decisions by the United States International Trade Commission relating to unfair import practices, and decisions by the Secretary of Commerce relating to import tariffs 28 U.S.C.A. ~ 1295.

    District courts.

    Each state stands comprised of one or more federal judicial districts, and in each district, there is a district court. 28 USCA ~ et seq. The United States government district courts are the trial courts with general federal jurisdiction over cases involving federal system laws or offenses and actions between citizens of different states. Each state has at least one district court, though many have several judicial districts (e.g. northern, southern, middle districts) or divisions. There is also a United States district court in the District of Columbia. A territory situated on the Potomac River and being the seat of government of the United States. Legally it is neither a state nor a territory but exists made subject, by the Constitution, to the exclusive jurisdiction of congress.

    In addition, the Commonwealth of Puerto Rico has a United States district court with jurisdiction corresponding to that of a district court in the various States. Only one judge exists usually required to hear and decide a case in a district court, but in some kinds of cases; it exists required that three judges call together to comprise the court (28 USCA ~2284). In districts with more than one judge, the judge senior in the commission who has not reached his seventieth birthday acts as the chief judge. Also, names for interior state courts of record have general jurisdiction.

    • District judge. The judge of a United State district court; also, in some states, the judge of a district court of the state.
    • District parishes. Ecclesiastical divisions of parishes in England, for all purposes of the workshop, and for the celebration of marriages, christenings, churchings, and burials formed at the instance of the queen’s commissioners for building new churches.

    Court of International Trade.

    This federal court stood originally established as the Board of United States General Appraisers in 1890, and in turn, stood superseded by the United States Customs Court in 1926. In 1956 the Customs Court stood established as an Article III court.

    The Customs Court Act of 1980 constituted the court as the United States Court of International Trade and revised its jurisdiction. As so reconstituted, the court has jurisdiction over any civil action against the United States government arising from federal system laws governing import transactions and also jurisdiction to review determinations as to the eligibility of workers, firms, and communities for adjustment assistance under the Trade Act of 1974.

    Civil actions commenced by the United States to recover customs duties, to recover on a customs bond, of for certain civil penalties alleging fraud or negligence are also within its exclusive jurisdiction. The court stands composed of a chief judge and eight judges, not more than five of whom may belong to any one political party.

    The 14th amendment;

    The due process clause, which appears in both the Fifth Amendment as a limit on the nation and the 14th Amendment as a limit on the states, had usually existed interpreted as having only a procedural meaning. That is, it did not prevent the government from depriving a person of life, liberty, or property; but simply guaranteed that certain standard procedures would observe before a person was so deprived.

    Even though was an ambiguity of the Constitution language, an ancient Supreme Court judge, Mr. Campbell, has argued that the 14 Amendment had revolutionized the American system by bringing the right of man, including of course the right to occupational freedom, under national judicial protection.

    The term “due process” has the same meaning in both the Fifth and the Fourteenth Amendments, and it follows that the prohibitions announced against state action were usually presumptively applicable to national laws as well, if Congress might venture to enact them.

    During most of its history, the Supreme Court had paid little attention to the subject of “civil rights”. The Bill of Rights, it will be remembered, had been held inapplicable to the states in 1833. That meant that free expression (Amendment I) and the personal procedural rights connected with arrest and trial ( Amendments IV- VIII) could be abridged by the states without raising a federal constitution question.

    History;

    In 1884 it was held in Hurtado v. California that the due process clause did not require the states to conform to the Bill of Rights in their criminal procedures; and, as late as 1922 the Court denied that the amendment restricted the states in dealing with freedom of expression. According to the states, they were for some time relatively unconfined by the constitutional doctrine in the civil rights field. On the other hand, the national government had so far had little occasion to encroach on civil rights except in wartime, for police regulation (règlement de police) that raised questions of this kind was left almost exclusively to the states.

    Schenck v. the United States government involved a federal system law, and the question of whether the free speech guarantees applied to the states by the way of the Fourteenth Amendment was still comparatively untouched. However, the Court in 1925, confronted by a New York law punishing “criminal anarchy”, declared “we may and do assume” that freedom and press “are protected by the due process clause of the Fourteenth Amendment from impairment by the States”.

    Essay parts 01;

    Procedural rules were sometimes interpreted rather generously in other areas as well. The right against “unreasonable searches and seizures” (Amendment IV) did not avail; for example, to prevent federal officers from searching the premises of an arrested person even though; they bore no warrant to search and there had been ample time to get one before making the arrest. Evidence obtained by wiretapping was not admissible in federal tribunals; because wiretapping was forbidden by federal statute, but the Court steadily refused to hold that wiretapping violated the Fourth Amendment; and, it allowed the admission of evidence obtained by various hidden listening devices like radio transmitters.

    In the field of deportation and denaturalization, the Court established the important principle that the man threatened by deportation or denaturalization was entitled to some procedural rights under the due process clause. By the 1930s the Court had accepted the idea that some procedural rights protected against national action by Amendments IV-VII, were also protected against state action by the Fourteenth Amendment.

    Essay parts 02;

    I want to introduce a field that was a big issue for the Supreme Court during the postwar period. America’s primary racial minority, the Negroes, lagged so patently and woefully behind the rest of the nation in their privileges: this problem seemed the greatest because it involved the most glaring injustice. The XIV and XV amendments were passed originally to secure Negro rights, though the other former amendment had been diverted to other uses. Consequently, the Supreme Court justices were conscious of the United State’s position as a symbol of the free world and the new importance of the “non-White” nations in the world arena.

    Two kinds of race discrimination mattered more than any of the rest: denial of the voting right and denial of adequate education. Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938), was a United States Supreme Court decision holding that states that provide a school to white students must provide in-state education to blacks as well. States can satisfy these requirements by allowing blacks and whites to attend the same school or creating a second school for blacks.

    The Law School at the University of Missouri refused admission to Lloyd Gaines because he was an African-American. At the time there was no Law School specifically for African-Americans within the state. Gaines cited that this refusal violated his Fourteenth Amendment right. The state of Missouri had offered to pay for Gaines’ tuition at an adjacent state’s law school, which he turned down.

    In the 19th century, the Court had diminished the possible effect of the Fourteenth Amendment by denying that Congress could reach private persons under the enforcement clause, and by upholding state-required segregation of races.

    Essay parts 03;

    The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that “no state shall … deny to any person within its jurisdiction the equal protection of the laws”. This means that the amendment has no bearing on private discriminatory behavior and that Congress (XIV Amendment prevented states from denying basic civil rights and gave Congress the power to enforce its guarantees of liberty and equality) extends only to states and to state officials acting under state law.

    In the Missouri case, that note was finally sounded loud and clear. Following the casual standards acceptable in the past, Missouri had never bothered to establish a Negro law school, although it did maintain one limited to whites. Now a Negro student, duly qualified except for his color, sought entrance to this University of Missouri law school and was of course denied. The state came out with the fact that there were too few Negro applicants to warrant the setting-up of a special school; and that, pending the day when the number of such applicants would be substantial; Missouri had done its constitutional duty by offering to pay this Negro’s tuition at a university in another state.

    But these evasions, though once serviceable enough, did not impress a Court now coming alive to the problem of civil rights on many fronts. We can say that the Missouri decision signaled a new judicial mood toward Negro rights. It was followed in the next twenty years by the development of an elaborate jurisprudence of equality extending into a large variety of fields.

    Definition and Essay on Federal System of Government Image
    Definition and Essay on Federal System of Government
  • 8 Case Study of Antitrust Law US Essay

    8 Case Study of Antitrust Law US Essay

    Antitrust Law US Essay 8 Case Study; Any regulation restricting enterprise practices considered unfair or monopolistic. The United States has the longest-standing policy of keeping opposition among business establishments via a spread of legal guidelines. The quality recognized is the Sherman Antitrust Act of 1890, which declared unlawful “every agreement, aggregate . . . Or conspiracy in restraint of exchange or trade.” Another important US Antitrust law regulation, the Clayton Antitrust Act of 1914, as amended in 1936 via the Robinson–Patman Act, prohibits discrimination amongst clients via costs or other ways; it also prohibits mergers of companies, or acquisitions of 1 firm using every other, on every occasion the effect can be “to substantially reduce competition”.

    Here is the article to explain, 8 Case Study of Antitrust Law US Essay!

    Many international locations have vast laws that defend purchasers and also alter how agencies function their agencies. The purpose of those legal guidelines is to offer an equal gambling subject for comparable corporations that function in a specific enterprise while stopping them from gaining an excessive amount of energy over their competition. Simply placed, they forestall businesses from gambling grimy to make an income. Also, These are called antitrust laws.

    What is Antitrust?

    Antitrust laws are policies that inspire opposition with the aid of restricting the market electricity of any precise company. This frequently includes ensuring that mergers and acquisitions do not overly listen to marketplace power or form monopolies, in addition to breaking apart corporations that have become monopolies.

    Antitrust laws also prevent more than one corporation from colluding or forming a cartel to limit opposition thru practices that includes price-fixing. Due to the complexity of figuring out what practices will limit opposition, antitrust regulation has ended up a distinct prison specialization.

    What are Antitrust Laws?

    Antitrust legal guidelines additionally known as competition laws are statutes evolved through the U.S. Authorities to shield consumers from predatory business practices. They ensure that honest opposition exists in an open-market financial system. These laws have advanced in conjunction with the market, vigilantly guarding in opposition to might-be monopolies and disruptions to the productive ebb and waft of opposition. Antitrust laws are implemented to an extensive variety of questionable business sports; along with but are now not constrained to marketplace allocation, bid-rigging, rate-fixing, and monopolies.

    Below, we take a look at the activities those legal guidelines guard against. If antitrust law didn’t exist, purchasers might no longer benefit from different alternatives or competition within the US market. Furthermore, customers could be pressured to pay higher charges and could have gotten entry to a confined supply of products and services.

    6 Main factors of US antitrust law;
    • Antitrust laws are statutes evolved by using governments to guard purchasers against predatory business practices and ensure fair opposition.
    • Antitrust laws are implemented to a wide variety of questionable commercial enterprise activities along with market allocation, bid-rigging, price-fixing, and monopolies.
    • Core U.S. Antitrust law become created with the aid of three portions of legislation: the Sherman Anti-Trust Act of 1890, the Federal Trade Commission Act, and the Clayton Antitrust Act.
    • Antitrust legal guidelines had been designed to defend and also promote opposition within all sectors of the economic system.
    • The Sherman Act, the Federal Trade Commission Act, and the Clayton Act are the three pivotal laws in the records of antitrust law.
    • Today, the Federal Trade Commission, from time to time at the side of the Department of Justice, is tasked with imposing federal antitrust legal guidelines.

    Case 1: Write a 100- word abstract of the case, including the date of the case.

    The essay gives a brief analysis and review of a case in which the government of the United States led to the U.S. Supreme Court. This is the defense of the claim appeal 384 U.S. competition 270 presented by the U.S. government against VON Grocery Co. (Von) in 1966 in the District Court of the United States for the Southern District of California No. 303. The duration was March 22, 1966, and the delivery of a verdict was May 31, 1966. It was in favor of the defendant.

    This just reminded demand, government regulators were ignoring situations that occur within its jurisdiction. It was despite his knowledge of the changing developments in market structures that controlled processes. Government regulators failed to switch to a relaxed mood compared to previous legislative procedures necessary reacted to the threats and opportunities of his time. As a result, this led to the prevention of unfair trade practices or disposal of similar economic activities of small-scale businesses.

    Case 2: Describe the provision of the US Antitrust Law invoked to judge the presence of anti-competitive behavior or potential for moving the industry in that direction.

    The 1960 merger of Von Grocery Company with competitor Shopping Bag Food Stores (Shopping Bag) whose locations are in Los Angeles, California violated Section 7 of the Clayton Act (n. P Thomson Reuter). Its amendment in 1950 regulates the reasonable termination through the prohibition of mergers and acquisitions, which decreased competition. Even after a new amendment in 1980, remains the main reference point for antitrust law mergers that threatened the US United States (Fox & Fox).

    Case 3: Describe the basis for the ruling and action that pertains to all OR some of the following factors: The extent and trend in competition and expected in the future: Industry Structure and trend and projection for the future [based on the past, mostly]; CR4, CR8, and HHI, especially in cases of mergers.

    The claim of the United States had other modifications as support for their arguments. They were the 1950 amendment to Section 7 of the Celler-Kefauver and Congress sought to preserve competition for small businesses. Stood also intended to help companies focus. Also, The court was the agent that was against large companies that use concentrations in markets with increasing centralization of business. He succeeded in divesting after United States v. Philadelphia National. . Bank, 374 U.S. 321 Celler-Kefauver 362 Anti-Merger Act 1950 as amended provides relevant information:

    “That no company engaged in commerce … shall acquire all or part of the assets of another company also engaged in commerce, wherein any line of commerce in any part of the country, the effect of such acquisition may be substantially to lessen competition or tend to create a monopoly. “

    Case 4: Describe the “conduct” in question that has been considered “anti-competitive:” Determine if the defendant had used an anticompetitive Price Strategy and explain how. Likewise, describe any Non-price Strategies the defendant had used and describe how.

    In investing 233 F. Supp. 976 Richard A. Posner was counsel for the United States. Your tips helped were Attorney General Marshall, Assistant Attorney General Turner, Robert B. Hummel, James J. Coyle, and John F. Hughes. The defense attorney was William W. Alsup. Your tips help Warren M. Christopher and were William W. Vaughn. As an interested party, the National Association of Retail Grocers of the United States Attorney Bison was Henry J., Jr., as amicus curiae, urging affirmance.

    MR. JUSTICE BLACK was the judge in the case and give judgment. The date of the original application was March 25, 1960. March 28, 1960, the District Court did not grant the motion of the Government for a restraining order against Von Grocery Company. Also, The latter wanted to acquire tangible capital around the Shopping Bag Food Stores, and the ruling was that not violate the terms of demand.

    It was a backdoor way of recognizing the merger and showing favoritism to the accused before final judgment. The main argument of the defense was that a company was protecting the other from the state of collapse. They merged to protect a stronger competitor. 374 U.S. 321, 362 was the claim that prohibiting such mergers. There were bank loans that may have had access to and filing for bankruptcy as financial coverage. The company achieved this when it was about to collapse. Also, He managed to regroup with the help of government agencies and private financial consultants.

    Case 5: Describe the effect of the defendant’s “conduct” on other firms (or the main rival) in the industry.

    Von was the third-largest grocery market in the retail area, Los Angeles, on sales; while the shopping bag of food was number six in 1958. Their 1960 joint sales rose 7.5% an annual output of two and a half million. Your Los Angeles market seemed too small a part of their market to the government to fight. However, if the top ten companies had double combined; also their total market share could have been about a third of the retail market of Los Angeles.

    To be fair to these stores, which had begun as the outgoing neighborhood store many Americans of his generation knew. Ten of the previous twelve years to the merger, the number of stores has increased to a little more than twice their number. The other positive numbers include increased sales and market share. Its merger positioned the number two supermarket chains in Los Angeles. Meanwhile, the discovery of individual owners of tennis shops in Los Angeles dropped by nearly two-fifths. In 1963, the numbers continued to decline.

    The government witnesses lacked a thorough analysis of the facts and figures that the defense had in its possession. For example, from 1949 until 1958, nine of the top 20 competitors chains came into possession of 126 stores smaller rivals. An important defense witness gave details of previous acquisitions and mergers from 1954 to 1961.

    They were in the top 10 stores in Los Angeles. Also, You might consider this as an ordinary person and discriminatory legal action. They should also have ground The nine competitors target rivals for smaller parties to legal action. However, the union of the two powers of the financial market was a threat to government control in the area of Los Angeles. The government reported data in its reply, the Federal Trade Commission prepared.

    Case 6: Describe the initial legal action taken against or in favor of the defendant.

    The initial legal action taken against the defendant is that the US government accused Von’s Grocery Company of violating Section 7 of the Clayton Act because it was an attempt to create a monopoly. The company appealed and the District Court ruled in its favor. Also, it is important to mention that the government made accusations against the company; because it wanted to purchase a smaller competitor in the retail grocery market that was called Shopping Bag Food Stores.

    Case 7: Describe any subsequent legal action in the case (such as the Supreme Court), if any.

    Once the case was resolved there was no subsequent action taken. The decision on the case was repealed by the District Court and Von’s Grocery Company could merge with, and subsequently absorb Shopping Bag Food Stores.

    Case 8: Carefully describe how the model of Structure-Conduct-Performance has been applied in the case under consideration.

    The history of the struggle against mergers in the United States began in 1890. At that time, Congress passed the Sherman Act to prevent monopolies. Distrust of Americans back to the founding of the country. Unfortunately, did not protect the smaller companies businessman larger monopolistic pressures. In 1897, the Court ruled that the U.S. government was against Trans-Missouri Freight Assn., 166 U.S. 290, 323. In [384 U.S. 270, 275], the Sherman Act did not protect the small businessman.

    Congressional approval in 1914, 7 of the Clayton Act allowed the merger of corporations through the purchase of shares of its competitors. By contrast, business people find a loophole and buy their opponent’s assets. A blow to the fight against the Clayton Act device came with the endorsement of Judge Brandeis, Taft chief justice, and judges Holmes and Stone in 1926. As a result, there was a reduction in the number of large companies.

    More things 01;

    The action existed in 1950 Congress adopted the Celler-Kefauver Anti-Merger Act. Representative Celler and Senator Kefauver’s main references were 384 U.S. lawmakers 270, 276 for the period 1940-1947. They used the Brown Shoe Co. v United States, 370 U.S. 294, 315 to argue their points. They and other members of Congress had the same concerns. In contrast, 7 of the Clayton Act had stamps in their lagoon and extended its coverage using 384 U.S. 270, 277. Evacuation This involved mergers between competitors and stop all instances of mergers.

    More things 02;

    The U.S. v National Philadelphia. Banking led to Amendment 7 to cancel the anti-competitive tendencies. 384 U.S. 270, 279 is another case of reference that allowed the passage of the Celler-Kefauver Act. In United States v. El Paso Gas Co., 376 U.S. 651, 662 defendants El Paso Gas Co. were notified of antitrust charges and declined to postpone divestment from the beginning. Moreover, these two other similar cases of the United States v. du Pont & Co., 366 U.S. 316; United States v. Alcoa, 377 U.S. 271, 281 are pre-trial demand 384 U.S. 270, 303 which stood subjected to analysis.

    More things 03;

    Decisions of typos with the figures presented in court said the government ran a presentation to meet with any person or body quirks. The government regulator requires constant awareness of the impact of legislative developments and industry trends and ongoing. There is the need for external consultants to give their objective on huge demands especially in unknown actions reviews. In such cases, the now useless but necessary demand requires more in-depth research, planning, analysis, and the reality of how to fight cases misunderstood using antitrust laws. Also, This implies compulsory receive expert help to train the executors. This paper has emphasized that the demands of the past are benchmarks for current and future cases and judgments.

    More things 04;

    Upon focusing on how the SCP paradigm lived applied in the case being considered; the first thing to note is that during the 1950s and 1960s; the grocery retail industry stood characterized by ownership concentration. In other words, fewer and fewer owners started to own more and more stores (which they would go and absorb from smaller competitors). The structure and conduct of the market we’re going in the direction of fewer competitors of larger sizes. In the particular case of Von’s Grocery Company, it may see that its sales; when combined with the sales of Shopping Bag Food Stores, represented 7.5% of the total dollar amount of retail groceries sold per year in Los Angeles.

    Combining this fact by the fact that between the late 1940s and the late 1950s both businesses involved with the merger had doubled in size (measured by the number of retail stores owned by each), and that the trend was going in the direction of larger (and fewer) competitors; it was decided that there was no violation of Section 7 of the Clayton Act. In sum, it was decided that there was no attempt of creating a monopoly; but rather a strategic decision imposed by the market.

    8 Case Study of Antitrust Law US Essay Image
    8 Case Study of Antitrust Law US Essay; Image by Vural Yavaş from Pixabay.

    References; Anti-trust Law Case Study. Retrieved from https://www.ukessays.com/essays/law/antitrust-law-study-7718.php?vref=1

  • Social Responsibility

    What is Meant by Social Responsibility?


    Social responsibility is an ethical framework and suggests that an entity, be it an organization or individual, has an obligation to act for the benefit of society at large. Social responsibility is a duty every individual has to perform so as to maintain a balance between the economy and the ecosystems. A trade-off may exist between economic development, in the material sense, and the welfare of the society and environment, though this has been challenged by many reports over the past decade. Social responsibility means sustaining the equilibrium between the two. It pertains not only to business organizations but also to everyone whose any action impacts the environment. This responsibility can be passive, by avoiding engaging in socially harmful acts, or active, by performing activities that directly advance social goals.

    Businesses can use ethical decision making to secure their businesses by making decisions that allow for government agencies to minimize their involvement with the corporation. For instance, if a company follows the United States Environmental Protection Agency (EPA) guidelines for emissions of dangerous pollutants and even goes an extra step to get involved in the community and address those concerns that the public might have; they would be less likely to have the EPA investigate them for environmental concerns. “A significant element of current thinking about privacy, however, stresses “self-regulation” rather than market or government mechanisms for protecting personal information”. According to some experts, most rules and regulations are formed due to public outcry, which threatens profit maximization and therefore the well-being of the shareholder, and that if there is not outcry there often will be limited regulation.

    Social responsibility means that the government (including public corporations), NGOs, business organizations, and individuals have a responsibility to society to eliminate corruption and irresponsible or unethical behavior that might harm its people or the environment.

    Corporate social responsibility, therefore, refers to a business’s obligation to set policies, make decisions, and follow courses of action that are desirable in terms of the values and objectives of society — its customers, employees, and people in the community.

    Businesses accept social responsibilities when they take their objectives beyond what the business, the economy, and the law require and do what they feel are ethically and socially desirable. For example, such ethical and desirable actions might include raising the safety standards of product and continuously striving to care for the well-being of workers and their customers.

    These ethical and desirable actions that businesses may choose to undertake may be well above the legally required standards.

    Look at the following examples of Namibian businesses fulfilling their social responsibility towards the Namibian society:

    Many companies are increasingly working on cultivating a social responsibility, whatever their actual practices. They are eager to prove that you can save the planet, help the poor and make money at the same time.

    As an entrepreneur how can you behave in an ethically social responsible way towards the following?

    Employees Responsibility

    The main responsibility of any business is towards its employees. It is imperative that a business always looks for ways to support and empower its employees. A happy workforce, a well-motivated and a loyal workforce, leads to improvements in productivity and quality. Your responsibility towards your workers goes beyond just paying them salaries. A socially responsible business tries to ensure that its working environment is free from sexual harassment and discrimination.

    Customers Responsibility

    Customers Social Responsibility

    Even if you are an entrepreneur, you are also a customer at a business where you buy your products. It is, therefore, important that you live and practice the notion, “Do unto others as you would have them do unto you”. That means that you should treat your customers in the same way as you expect to be treated as a customer by other businesses. A business’s social responsibility actions towards its customers are rewarded by loyal customers and by their word-of-mouth advertising.

    Government Responsibility

    The acceptance of social responsibility has increased in the government because through policies, the government is forcing businesses to act responsibly. When a firm act in a socially responsible manner, it sets policies, makes decisions and follows courses of action that are desirable in terms of the values and objectives of its different stakeholders. To pay tax is a business’ responsibility towards the Government of a country.

    Society/Community Responsibility

    Social investment looks at what a business is doing for a community. Businesses can engage in social responsibility programs to help the community fight their social problems, such as drug addiction in impoverished areas or providing recreation activities for the youth. These programs normally aim to improve standards of living and create more stable and peaceful communities.

    Corporate Responsibility

    Corporate Social Responsibility
    Corporate Social Responsibility

    Corporate social responsibility or CSR has been defined by Lord Holme and Richard Watts of the World Business Council for Sustainable Development’s publication “Making Good Business Sense” as ” the continuing commitment by business to behave ethically and contribute to economic development while improving the quality of life of the workforce and their families as well as the local community and society at large.” CSR is one of the newest management strategies where companies try to create a positive impact on society while doing business. Evidence suggests that CSR taken on voluntarily by companies will be much more effective than CSR mandated by governments. There is no clear-cut definition of what CSR comprises. Every company has different CSR objectives through the main motive is the same. All companies have a two-point agenda to improve qualitatively (the management of people and processes) and quantitatively (the impact on society). The second is as important as the first and stakeholders of every company are increasingly taking an interest in “the outer circle”-the activities of the company and how these are impacting the environment and society. The other motive behind this is that the companies should not be focused only on the maximization of profits.

    Social responsibility, therefore, is about holding a group, organization or company accountable for the effects it has on the people within the company, people working with the company, the community in which the company operates and those who buy from the company.

    How Does an Individual Become Socially Responsible?


    The Workshop for Civic Initiatives Foundation (WCIF), Bulgaria, describes ISR in its position statement on Social Responsibility as, “The individual social responsibility includes the engagement of each person towards the community where he lives, which can be expressed as an interest towards what’s happening in the community, as well as in the active participation in the solving of some of the local problems. Under community, we understand the village, the small town or the residential complex in the big city, where lives every one of us. Each community lives its own life that undergoes a process of development all the time. And every one of us could take part in that development in different ways, for example by taking part in cleaning of the street on which he lives, by taking part in organization of an event, connected with the history of the town or the village or by rendering social services to children without parents or elderly people. The individual social responsibility also could be expressed in making donations for significant for the society causes – social, cultural or ecological. There are many ways of donating, as for example donating of goods or donating money through a bank account or online”

    Social Responsibility can be “negative,” in that it is a responsibility to refrain from acting (resistance stance) or it can be “positive,” meaning there is a responsibility to act (proactive stance). Being socially responsible not only requires participating in socially responsible activities like recycling, volunteering and mentoring, but to actually make it a lifestyle. Only through a commitment to embrace and embed social responsibility into your personal value and belief system can you truly become socially responsible in all you do.

    What is a Social Entrepreneur?


    Entrepreneur Social Responsibility
    Entrepreneur Social Responsibility

    Social entrepreneurs work to solve critical social problems and address basic unmet needs through entrepreneurship. Their innovations create system change, improving the lives of underserved or marginalized groups.

    Despite the increased attention that social entrepreneurship has received in recent years, there is no precise definition. Various organizations describe social entrepreneurship differently:

    Ashoka defines social entrepreneurs as “individuals with innovative solutions to society’s most pressing social problems” who “find what is not working and solve the problem by changing the system, spreading the solution, and persuading entire societies to move in different directions.”

    The Skoll Foundation calls social entrepreneurs “society’s change agents, creators of innovations that disrupt the status quo and transform our world.”

    In the Stanford Social Innovation Review, Roger L. Martin and Sally Osberg offer a more rigorous definition. A social entrepreneur is “someone who targets an unfortunate but stable equilibrium that causes the neglect, marginalization, or suffering of a segment of humanity; who brings to bear on this situation his or her inspiration, direct action, creativity, courage, and fortitude; and who aims for and ultimately affects the establishment of a new stable equilibrium that secures permanent benefit for the targeted group and society at large.”