Written by attorneys · grounded in primary & secondary sources — see below
A particular form or branch of productive labor. An aggregate of enterprises employs similar production and marketing facilities to produce items having markedly similar characteristics.
Ironwood Capital bids on a city contract but loses to a firm qualifying under a racial set-aside. The city defends the program by pointing to past discrimination against minority contractors in the local construction sector. Ironwood sues, arguing that general societal bias cannot justify the preference and that the city failed to identify specific discrimination within the relevant industry and jurisdiction.
Isaiah Ishikawa is prosecuted under a federal statute for possessing a firearm near a school. He moves to dismiss, contending that Congress lacked power because the activity is local manufacturing and possession rather than interstate commerce. The government responds that the statute regulates an industry whose products move in interstate channels.
Select any source to read its text and confirm it supports the definition.
Asahi Metal Industry Co. manufactures valve assemblies in Japan and sells them to a Taiwanese firm that incorporates them into motorcycle tires sold worldwide. A California plaintiff injured by a tire containing an Asahi valve sues in state court. Asahi argues that its contacts with the forum are too attenuated because it never targeted the California market in the tire industry.
Penn Central Transportation Co. owns Grand Central Terminal and seeks to build a tower above it. The city denies the permit under its landmarks law, citing the need to support tourism and business in the historic district. Penn Central claims the restriction destroys the economic value of its property in the transportation industry.
Irene Ingalls buys a new car from Bloomfield Motors. The vehicle vibrates severely because of an assembly defect common in the industry. She sues under the implied warranty of merchantability. The dealer contends that the warranty does not cover defects whose precise cause cannot be isolated.
Imran Iyer, a New Jersey resident, is served with process while attending a three-day conference in California. The plaintiff claims general jurisdiction over Iyer because of his physical presence. Iyer moves to quash, arguing that brief presence unrelated to the litigation or any industry activity in the state cannot support jurisdiction.
The program must rest on a strong basis in evidence of specific past discrimination against minorities in the relevant industry and jurisdiction. General societal discrimination is insufficient.
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No. A benefit in gross continues until terminated by its terms, extinguished under general servitude doctrines, or transferred. Leaving the logistics industry does not end the right.
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It is treated as a direct restraint on alienation and is valid only if reasonable after balancing utility against harm to marketability.
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Scope is limited to the historic use actually made during the prescriptive period. Normal modern equipment needs in the utility industry do not enlarge the easement beyond that use.
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…past”; protecting and enhancing “the city’s attractions to tourists and visitors”; “support[ing] and stimul[ating] business and industry”; “strengthen[ing] the economy of the city”; and promoting “the use of historic districts, landmarks, interior landmarks and scenic landmarks for the education, pleasure and welfare of the…