The federal Food and Drug Administration (FDA) has promulgat…

The federal Food and Drug Administration (FDA) has promulgated a regulation that bans the sales of vapor products and e-cigarettes within 1,000 feet of a school, and “any other location where minors under the age of 18 years traditionally gather.”  The purpose of the regulation is to discourage school-age children from smoking. The affected retailers located within 1,000 feet of a school, and “any other location where minors under the age of 18 years traditionally gather” have joined together to oppose the regulation since they are no longer able to sell vapor products or e-cigarettes. The regulation has already gone into effect. The retailers want to file a complaint for injunctive relief against the FDA in federal district court.   What arguments could the retailers reasonably make in their complaint? Consider all forms of justiciability. Discuss.

In a recent statute, Congress passed a bill with the followi…

In a recent statute, Congress passed a bill with the following regulations:  Regulation A, which requires all instructors of persons seeking commercial driving licenses to be certified by federal examiners. The regulation details the criteria for certification, which requires a minimum number of years of experience as a commercial driver and a minimum score on a test of basic communication skills.  Regulation B, which requires that every bus in commercial service be equipped with seatbelts for every seat.  Regulation C provides that states failing to implement adequate measures to ensure that bus seatbelts are actually used will forfeit 10 percent of previously-appropriated federal funds that assist states with highway construction.  The State Driving Academy, which is a state agency that offers driving instruction to persons seeking commercial driving licenses, is considering challenging the validity of Regulation A under the United States Constitution. The Capitol City Transit Company, which is a private corporation that operates buses within the city limits of Capitol City, is considering challenging the validity of Regulation B under the United States Constitution. The State Highway Department, another state agency, is considering challenging the validity of Regulation C under the United States Constitution.  Is there state action? Discuss.  Does Congress have power under the Commerce Clause to enact Regulation A? Discuss.  Does Congress have the power under the Commerce Clause to enact Regulation B? Discuss.  Does Regulation C concern Congress’s Taxing and Spending Power? Discuss.   

A 28-year-old male dishwasher presents with pain and swellin…

A 28-year-old male dishwasher presents with pain and swelling around his right middle fingernail that has worsened since onset one week ago. He has had no prior episodes and is concerned about what he might have been exposed to at work. On examination, the mediolateral nail fold is erythematous, swollen, and tender. He has no other symptoms (he specifically denies fever), and there are no other findings on examination. Which of the following statements regarding this condition is true?

A 16-year-old male high school student presents with a prima…

A 16-year-old male high school student presents with a primary concern of acne. He relates a history of two years of moderate mild acne and closed comedones (whiteheads) which have recently worsened such that his classmates are now bullying him about a large pustule that has developed at the tip of his nose. He has increasing outbreaks of cyst-like acne as well as a generally poor complexion with pitting and scarring from prior outbreaks. Which of the following best describes this condition in the adolescent population?