Discussion Four – Government Agencies at Work

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Individual Post (23 points) – Due Thursday at 11:59 pm

If your last name begins with A – L respond to the following question:

#1 Page 101

Following the events of September 11, 2001, in which four airplanes crashed as a result of the presence of terrorists on those flights, the FAA concluded that it needed to implement new procedures for airports and flights. The new procedures for security and flights took effect when the airports reopened five days later. Why did the FAA not need to go through the promulgation and public comment processes and time periods to have the new rules take effect?

If your last name begins with M – Z respond to the following question:

#4 Page 84

During the 1980s, the NCAA, a voluntary unincorporated association of approximately 1,100 educational institutions, became concerned over the steadily rising costs of maintaining competitive athletic programs. As a way of containing those costs, the association imposed salary caps on college and university athletic coaches. The caps on salaries as well as limits on number and types of coaches were imposed pursuant to NCAA procedures and members’ votes. A group of coaches filed suit, challenging the caps on salaries and hiring as being anticompetitive. The NCAA responded that it had a goal of containing athletic programs costs as well as ensuring the entry-level coaching positions were available. Are the salary caps legal under the federal antitrust laws? [Law v National Collegiate Athletic Ass’n, 134 F.3d 1010(10th Cir.)]

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