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Suppose that the Supreme Court of the United States (SCOTUS) has decided to grant review of a case deciding the fate of the issue that you chose (in the Week 3 Assignment), and they’ve called upon you as a subject matter expert to provide a comprehensive opinion on the matter. Write a formal case-brief style paper that addresses the following components:
- What is the history of this issue in terms of the ways that American businesses have operated?
- What is the legislative history, if any?
- What is the current legal authority (statutes and/or case law) on the issue and what does it require of businesses?
- What are the different arguments on each side of the issue?
- Which arguments (if any) are stronger and why?
- What would be your recommendation to SCOTUS in terms of a ruling on this issue, and why?
- Are there any exceptions to your recommendation? For example, are there any employers or employees to which the ruling should not apply? Or industries that should be exempt? Why?
- What is the anticipated future of this issue? Should SCOTUS expect to have to review it again in the future? Or does your recommendation settle the issue permanently?
