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Case Study
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Unit VII Case Study - The case of Kelo vs. city of New London

Case Study Instructions:
Unit VII Case Study Locate the Supreme Court case Kelo v. City of New London, 545 U.S. 469 (2005). You may use Supreme Court's website or an Internet search engine to find the case. You will write a case brief following the instructions below and then briefly state whether you agree with the court's decision in the case, and why. Your response should be at least 500 words in length. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Any references or citations must be in the APA style format. Instructions: 1. Summarize the relevant facts in the case. 2. Identify the issue(s) the court is deciding in this case. 3. Determine the legal analysis and legal rationale used by the Court when deciding the case. 4. Identify the Court's holding and its final decision in the case. You are looking for the outcome. 5. State whether you agree with the Court's decision and why. Support your response with concepts presented in The submission of a Research Paper is a course requirement. The goal of the paper is to improve your understanding and application of the various areas of the law that affect business practices as presented in the textbook. You are to select one of the following topics that interests you and write a research paper five to seven substantive pages in length (excluding the title page, bibliography, and appendices). You must format your paper using the APA style. This includes the full paper format style for a research paper. You were to use your own words, and include citations for other articles as needed to avoid plagiarism. Finally, you were to prepare your assignment in a word-processing application and submit it as one of the following file formats: DOC, DOCX, or PDF. Other formats will not be accepted. In your Research Paper, you should have used a minimum of five academic reference sources to research the paper. You could use your textbook as one of the source. You should use at least one peer-reviewed academic journal as a source. In addition, you should research and include at least two U.S. Supreme Court decisions in your discussion. 1. Compare and contrast the differences between litigation in the court system with arbitration and other forms of alternative dispute resolution. Identify the advantages and disadvantages of each. Discuss how the issue impacts business practice and the costs of operating business organizations. Discuss if the issue has a significant effect on consumers. Include specific examples to illustrate. 2. Classify the different types of intellectual property and cases of infringement. Explain the measures needed to protect these issues. Discuss how the issue impacts business practice and the costs of operating business organizations. Discuss if the issue has a significant effect on consumers. Include specific examples to illustrate 3. Explain the basic elements of a contract, and list the information that must be included in the contract. Explain the sources of laws governing contracts, and the conditions for an offer to be valid. Explain the parole evidence rule, the nature of assignment of rights, and delegation of duties in the assignment. Use specific examples to support your answer. Discuss how the issue impacts business practice and the costs of operating business organizations. Discuss if the issue has a significant effect on consumers. Include specific examples to illustrate. 4. Explain the laws pertaining to employment, including health and safety, unions, discrimination, privacy, and job security. Discuss how the issue impacts business practice and the costs of operating business organizations. Discuss if the issue has a significant effect on consumers. Include specific examples to illustrate. 5. Discuss the evolution of the takings clause, including an analysis of regulatory takings, eminent domain and inverse condemnation. Discuss how the issue impacts business practice and the costs of operating business organization Text book is The Legal Environment of Business and online commerce 7th edition by Henry R. Cheeseman
Case Study Sample Content Preview:

UNIT VII CASE STUDY
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The case of Kelo vs. city of New London was decided by the supreme court of the United States of America in the year 2005. The case involved the use of eminent domain in the transfer of land from a private owner to another with the purposes of furthering economic development (Rappa, 2005).. The case arose in response to condemnation in New London in Connecticut of the land owned by private individuals to be use for comprehensive development plan. The court decided on a 5-4 situation that general benefits enjoyed by the community in case of such redevelopment are permissible as per the Fifth Amendment. The decision encountered severe criticism from the American politicians as well as public (Cheeseman, 2003). The outcome was perceived as a misinterpretation of the Fifth Amendment and as a violation of property rights that would only benefit the large investors at the expense of the local communities and private land owners.
In this case the court was due to decide on the issue of whether the city of New London had violated the constitutional clauses in acquiring the land for the redevelopment plans (Rappa, 2005). The court was to examine the issues of whether a public purpose would constitute a public use. Further, there was the issue to be determined by the court on whether, the City of New London’s use of eminent domain was in accordance with the constitution and the clause of the Fifth Amendment that says acquisition of public land should not be without proper compensation of the private owners.
Kelo’s case was the first major eminent domain case to be heard in the supreme court ever since 1984. Over the years, municipalities as well as states have been using their eminent domain power to acquire land for economic developments. However, in the case of Kelo there was a little twisting ...
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