Logistics Management
Because the Constitution provides Congress with the authorization to govern interstate commerce, most of the important transportation laws are at the federal level, in particular for a retailer seeking to move goods from port through their logistics system to their retail outlets (HG.org, 2016). There are two major modes of transportation for moving retail goods in this way -- railroad and highways. The latter is governed by the Federal Motor Carrier Safety Administration.
Among of the codes that governs the movement of goods is Part 395, Hours of Service of Drivers. This law is relevant to many retailers, in light of particular incidents where drivers have worked extended hours, and in the process of doing so reduced their competency, leading to accidents and death. Studies of sleep deprivation in long-haul truck drivers found that many drivers in the business average less than five hours of a sleep per night, and over half will have incidents of drowsiness while on the road (Mitler et al., 1997). Some of these incidents have brought companies like Wal-Mart under fire from the National Transportation Safety Board (Levin & Plungis, 2015)
Retailers are affected by regulations governing the amount of hours their truck drivers can work. Retailers have incentive to have their drivers work long hours, as this shortens the amount of time it takes to move inventory through the system, and having predictable delivery times can have an significant impact on profitability through having an efficient logistics system....
Business Law The federal district court for the district in which the State of Confusion resides will have jurisdiction over the constitutionality of the B-Hitch Statute. The lawsuit by Tanya Trucker will be heard in federal court because the federal courts have jurisdiction over issues of federal questions. This suit concerns a matter for the federal courts because the issue is "whether a state statute which interferes with commerce in the
Administrative Law Lujan v. Defenders of Wildlife Facts: Lujan, the secretary of the Interior is representing the federal government. Defenders of Wildlife is an organization that exists for the purpose of protecting endangered animals. In 1973 the federal government enacted Section 7(a)(2) of the Endangered Species Act, which was originally designed to protect endangered species in the United States and foreign nations. However, the law was scaled back to only apply to
CMV Cellular Phones CMV's and Cellular Phones Drivers of CMV's: Restricting the Use of Cellular Phones On Friday December 2, 2011 a new rule was enacted by the Pipeline and Hazardous Materials Safety Administration (PHMSA), in conjunction with the Federal Motor Carrier Safety Administration (FMCSA) titled the "Drivers of CMV's: Restricting the Use of Cellular Phones." This new rule was implemented in order to restrict the use of hand-held mobile phones by drivers
However, where a state statute exerts control over matters capable of being regulated by Congress under the Commerce Clause, those statutes are invalid because they conflict with a concept that is generally referred to as the "dormant Commerce Clause" (Dershowitz, 2002; Friedman, 2005). In modern application, federal courts apply a three-pronged test to determine whether or not a given state statute is invalid by virtue of a conflict with Congressional
Off-duty time does not extend the 14-hour period. 15-Hour on-Duty Limit May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period. 60/70-Hour on-Duty Limit May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. 60/70-Hour on-Duty Limit May not
As in this case, substantial evidence does not exist, as it is uncertain what the injured party was wearing at the time of the accident, thus the court should set aside the first decision. Question Such a measure clearly goes against the National Labor Relations Act which "extends rights to most private sector employees and their employers, stating that employees have the right to form, join, support or assist unions, also
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