Monday, February 24, 2020

Summary of Case Laws Essay Example | Topics and Well Written Essays - 1000 words

Summary of Case Laws - Essay Example However, the court declared the products were subject to taxation since they had been sorted and arranged for sale. In this case, the Supreme Court abandoned a century of precedents by declaring that the import and export clause does not hinder a state from imposing a nondiscriminatory ad valorem property tax on imported goods. The court further clarified that the provision, which bared the state from imposing duties or levies on imports or exports never, intended to prohibit such levies. The Supreme Court quotes case laws involving Low versus Austin and states that the cases were wrongly decided. The courts therefore obviated examinations of the principal issues that the parties had briefed. From the above case law, we can learn that, since proscription of unbiased ad valorem property taxation could not advance the aims and objectives of the import and export clause, it is only the strongest constitutional order should lead to a disapproval of such taxation, and the Clause's terminology and the clauses, imports or duties were ambiguous. This is because they did not warrant a presumption, which was intended to embrace taxation. The court therefore increased restrictions to the state requiring the state to avoid biasness by making restrictions on some business for tax that they should remit to the government. Another similar court case involved Complete Auto Transit versus Brady in 1977. Complete Auto Transit was a Michigan based corporation that conducted its main businesses from Mississippi. The company dealt with importing cars and distributing them into the state of Mississippi. In this case, the court in Mississippi imposed tax on transportation companies for doing business in the state. The new imposed taxes would then be distributed equally to other businesses, which dealt with intra-and inter-state commerce. In a unanimous decision by the court, it found out the taxation imposed to be invalid. The court argued that business dealing with interstate commerce should assume an equal and just way of sharing the state burden. Similar to the first case law, the court ruling in this case increased restrictions to the state requiring the state to avoid biasness by making restrictions on some business for tax that they should remit to the government. Moreover, the court’s decision es tablished four main criteria to be used in order to determine whether the state tax is valid or not. Moreover, the four established criteria’s would enable the people as well as the state to recognize unreasonable state tax burden on interstate trade. The four main criteria given concerning this case notes that, the state tax burden must be an activity that connects people to the state. Moreover, the state tax law must be fairly distributed to be based on intrastate commerce. Besides, the state tax law must be nondiscriminatory among the business community of Mississippi. Lastly, the court established that state tax law must relate to the states services provided. However, these criteria’s are only applicable if the congress has not formed other criteria is which would conflict with the regulations. A new but similar court case involved Quill Corporation versus the State of North Dakota in 1922. In this case, the State of North Dakota had imposed a use tax on those pro perties, which were purchased for storage, use,

Friday, February 7, 2020

Alkali flies in the Mono Basin (Mono Lake) Article

Alkali flies in the Mono Basin (Mono Lake) - Article Example Alkali flies also known as brine flies or Ephydra hians are a very rare species to find (Eagen 29). This is attributable to the fact that the species breeds well only in certain habitats, especially in alkaline waters. This probably explains why the insect is called the alkali fly. Found in Mono Lake, California, the fly breeds well on the surface, shorelines, as well as beneath the lake. Most of these species of fly are dark brown in color with an adult measuring between 4 to 7 mm long (Carle, and Banta 25). The fly has segmented thorax, which is bluish in color, while the wings are brownish in color. Unlike the ordinary flies, alkali flies normally spend most of their life circles entirely beneath the water surface. This makes the fly unique in addition to the fact that it breeds well in alkaline environment. Mono Lake is one of the most dominant lakes in California. Circular in shape, Mono Lake draws most of its waters from the surrounding streams. However, since the lake has no outlet, the lake is highly alkaline (Eagen 29; Jiang, Steward, Jellison, Chu, Choi 19). This is attributable to the continuous accumulation of salt in the lake. A research conducted more than three decades ago indicated a correlation between the alkalinity of Mono Lake and the availability of alkali flies. According to the research, the alkalinity of Mono Lake provides a suitable breeding ground for alkali flies (Tierney 15). Other researchers have also demonstrated that salinity and alkalinity of Mono Lake has a huge impact on the algae found on the lake. The presence of these algae on the lake also influences the growth and development of alkali-fly. According to Wiens, Patten and Botkin (595), the salinity of the lake makes it difficult for algae to thrive. This leads to a reduction in the number of algae in Mono Lake, thereby compelling larvae to utilize high amount of energy to rummage. This normally leaves very little osmoregualation to take