Below you will find pages that utilize the taxonomy term “Business”
Sherman Antitrust Act
Sherman Antitrust Act (1890)
1) Link to the Text of the Act
Read the statute (15 U.S.C. §§ 1–7)
2) Why It Was Done
The Sherman Act was passed to combat the growing power of monopolies and trusts in the late 19th century, ensuring fair competition and protecting consumers from price-fixing and market domination.
3) Pre-existing Law or Constitutional Rights
Before 1890, there was no comprehensive federal competition law. States had some common law remedies, but national markets required federal regulation.
Clayton Antitrust Act
Clayton Antitrust Act (1914)
1) Link to the Text of the Act
Read the statute (15 U.S.C. §§ 12–27)
2) Why It Was Done
The Clayton Act was enacted to strengthen and clarify antitrust laws after weaknesses in the Sherman Act became evident. It specifically addressed price discrimination, exclusive dealings, mergers, and interlocking directorates.
3) Pre-existing Law or Constitutional Rights
The Sherman Antitrust Act (1890) prohibited monopolization but lacked detail. Courts often interpreted it narrowly. The Clayton Act provided more explicit rules and added teeth to federal antitrust enforcement.
Federal Trade Commission Act (FTC Act)
Federal Trade Commission Act (1914)
1) Link to the Text of the Act
Read the statute (15 U.S.C. §§ 41–58)
2) Why It Was Done
The FTC Act was enacted to establish the Federal Trade Commission and empower it to prevent unfair methods of competition and unfair or deceptive acts or practices in commerce.
3) Pre-existing Law or Constitutional Rights
The Sherman Act (1890) and Clayton Act (1914) addressed monopolization and certain business practices but lacked a dedicated enforcement agency. The FTC Act created an independent body to oversee and enforce fair trade.
Securities Act of 1933
Securities Act of 1933
1) Link to the Text of the Act
Read the statute (15 U.S.C. § 77a et seq.)
2) Why It Was Done
Passed in the wake of the 1929 stock market crash, the Act aimed to restore investor confidence by requiring transparency in the offer and sale of securities and preventing fraud.
3) Pre-existing Law or Constitutional Rights
Before 1933, securities offerings were regulated primarily at the state level (“blue sky laws”). The crash revealed the need for a strong federal disclosure regime.
Bankruptcy Reform Act of 1978
Bankruptcy Reform Act of 1978
1) Link to the Text of the Act
Read the statute (11 U.S.C. § 101 et seq.)
2) Why It Was Done
The Act overhauled federal bankruptcy law, replacing the Bankruptcy Act of 1898 with the modern Bankruptcy Code, designed to balance debtor relief with creditor protections.
3) Pre-existing Law or Constitutional Rights
The U.S. Constitution (Article I, Section 8) gives Congress power over bankruptcy, but laws before 1978 were fragmented. The old system was criticized as outdated and inconsistent.
Sarbanes–Oxley Act (SOX)
Sarbanes–Oxley Act (SOX) (2002)
1) Link to the Text of the Act
Read the statute (15 U.S.C. § 7201 et seq.)
2) Why It Was Done
Passed in response to corporate scandals like Enron and WorldCom, SOX aimed to restore investor confidence by improving corporate governance, financial disclosures, and accountability of executives and auditors.
3) Pre-existing Law or Constitutional Rights
The Securities Acts of 1933 and 1934 required disclosures but lacked strong penalties for fraud and weak oversight of auditors. SOX created new structures and stricter standards.
303 Creative LLC v. Elenis
303 Creative LLC v. Elenis (2023)
1) Link to the Actual Opinion
Read the Supreme Court opinion (PDF)
2) Summary of the Opinion
Lorie Smith, owner of 303 Creative, a web design company, wanted to expand into wedding websites but objected to creating designs for same-sex marriages, citing religious beliefs. Colorado’s anti-discrimination law prohibited businesses from denying services based on sexual orientation. The Supreme Court ruled 6–3 that forcing Smith to create such websites would violate the First Amendment’s Free Speech Clause by compelling her to express a message she disagreed with.