Which оf the fоllоwing best describes the test of legаl vаlidity аdvanced by John Stuart Mill in order to justify restricting liberty?
One оf yоur mаjоr clients, Pretzel King, heаdquаrtered in your State, Expando, has launched an aggressive business development plan. Pretzel King manufactures and sells gourmet pretzels directly to consumers. In this expansion mode, Pretzel King has successfully entered two contiguous states, and sales are booming. A problem has arisen with Pretzel King’s next state targeted for expansion: The State of Stubborn. In particular, Stubborn’s legislature has passed - and its governor has signed - two new provisions significantly amending its health and business code. In effect this new legislation provides: (1) Any seller of consumable food products to Stubborn residents and/or any sale of such products occurring in Stubborn must maintain a physical retail facility subject to Stubborn’s jurisdiction, the rationale being Subborn’s strict and enhanced health codes can only be enforced by Stubborn and its highly trained inspectors; and (2) Any manufacturer of consumable food products who seeks to market or sell products in Stubborn - whose ingredients utilize flour and salt - must source those ingredients from Stubborn-approved dietary-conscience wholesalers/suppliers located in Stubborn. Stubborn contends these provisions help prevent junk food-related obesity and GMO contamination, while maintaining food purity and the highest food and nutritional quality. Pretzel King has in place valid (and favorably priced) “requirements contracts” (UCC 2-306(1)) satisfying its expanding ingredient needs for salt and flour – the primary ingredients for its products - for the next 3 years. None of those contracts involve Stubborn-based or approved suppliers. Utilizing suppliers located in and approved by Stubborn would increase Pretzel King’s costs 35% conservatively, thereby erasing any profit margin and jeopardizing its expansion and growth. Call of the Question: Pretzel King’s CEO has asked you to provide an analysis regarding doing business in Stubborn, whether that’s by developing a new strict mail order structure for Stubborn sales or otherwise, including litigation. Discuss Stubborn’s new law as it may impact Pretzel King, including what potential course(s) of action and/or remedies may be available to it, and assess the likelihood of success for each option(s).