Showing posts with label Interplanetary Commerce Clause. Show all posts
Showing posts with label Interplanetary Commerce Clause. Show all posts

Wednesday, March 03, 2010

Hypothetical 4 [See White v. Samsung Electronics America, Inc.- (United States Ninth Circuit Court of Appeals, 1993)]

Cybot Galactica, a mass producer of protocol droids is getting ready to promote their new model of droids based on the old 3P0 series designs. Knowing that their customers use the droids to interact with humans, Cybot Galactica attemps to show off how futuristic and interactive the new droids are by dressing them up as a human female. See advertisement below:


















C3P0, now a celebrity from his association with the New Republic hero Luke Skywalker, sees this image and wishes to sue for violation of his property right of his identity. What result?

Sunday, February 14, 2010

Hammer v. Dagenhart- (US Supreme Court, 1918)

Lando Calrissian, without doubt the classiest administrator the Bespin Cloud City had ever known, was in a pickle. Lando had just recently been able to bring the tibanna gas mining operation back up to profitable levels through the use of incredibly inexpensive ugnaught labor. The tibanna gas mined by the ugnaught mining crews and frozen in carbonite by ugnaught carbonite tech crews was distributed throughout the galaxy for use in developing hyperdrive and weapon technology. While some had murmured that the 18+ hour shifts and dangerous working conditions the ugnaughts toiled under were immoral, Calrissian easily shrugged off these complaints, knowing full well that the ugnaughts were a hardy, hard-working race. Besides, production was high and the credits were pouring into the station like a Naboo waterfall.

The Galactic Imperial Senate (just before its forceful dissolution) caught wind of this activity, as well as other such clandestine uses of diminutive species labor in the Outer Rim, and fearing a theoretical "race to the bottom" in labor standards throughout the galaxy, raised legislation that set wage levels and affixed limits on the amount of work hours. Under this legislation, any goods constructed from such "scoundrel-esque" and "rogue-ish" uses of labor could be barred from entering interplanetary commerce.

Calrissian, seeing the writing on the wall, had his chief administrator and legal advisor, Lobot, file an injunctive complaint with the Imperial Court, stating that the Imperial Senate had no power to create such legislation, that any supposedly applicable interplanetary commerce clause under the Old Republic constitution would be inapplicable to the Bespin Cloud City's mining activities; that mining as a purely local activity is too indirectly related to interplanetary commerce to fall under the Old Republic Senate's classic means of enacting legislation. The complaint further suggested that Imperial Senate's invocation of the almost ancient clause was merely a "pretext" for enacting legislation affecting purely planetary issues, a firm violation of the Cloud City's sovereignty.

The Imperial Court agreed, stating that the tibanna gas in question was not a harmful item that could be kept out of interplanetary commerce, simply the nature of the gas' mining and manufacturing was offensive to the Imperial Senate. As mining, manufacturing, hydrofarming and other forms of production were all planetary issues out of the Empire's hands (at the time), the Court struck down the legislation, allowing Calrissian's callous use of ugnaught labor to continue. Little did the Imperial Court know however, that by striking down the Imperial Senate's legislation that they had only made it more powerful then they could even imagine... [See, US v. Darby- (US Supreme Court, 1944)]

Wednesday, February 03, 2010

Hypothetical 3 [See US Constitution (Art. I, §8, Cl. 3; §9, Cl. 2)]

The Republic Senate has the power to create legislation over interplanetary commerce, including the channels, instrumentalities, individuals and droids of such commerce. The Trade Federation has formed a blockade around the planet Naboo for undetermined reasons. The Senate has dispatched two Jedis to negotiate with representatives from the Trade Federation. The negotiations fail, and the Republic Senate quickly creates a new law forbidding any blockades, and then files suit against the Trade Federation for their "flagrant" violation of that law. What result?