Ella Entrepreneur started a high technology company in Boulder in 2014 in order to develop various technologies related to self-driving cars.

Ella Entrepreneur started a high technology company in Boulder in 2014 in order to develop various technologies related to self-driving cars. It was never (and still is not) the purpose of Ella’s company to build a self-driving car; rather the company aims to develop some of the many technologies and software systems that will be necessary for a selfdriving car. Ella’s company aims to sell its technology not only to companies like Google and Apple who are at least considering to develop, manufacture and market a self-driving car, but also to existing car companies, such as Tesla and Mercedes-Benz, who are already installing some of these technologies on their cars.

Question 1.

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Because of numerous accidents where drivers using some these technologies erroneously believed that they were totally automated, when, in fact, they were actually merely “driver assistance” technologies (such as “lane keeping assist” wherein in the technology steers a car back into the lane when it is detected that the car is drifting out of the traffic lane), the federal agency, the National Highway Traffic Safety Administration (NHTSA) has adopted a number of regulations related to these technologies. These regulations relate not only about the technologies themselves, but also the naming and marketing of the technologies. Assume that Ella has filed a lawsuit claiming that these regulations are an unconstitutional infringement on her free speech rights. Describe in general the process of how a court would approach this case, and the possible outcomes. [Don’t forget, answer all questions on the separate document posted on D2L entitled “BCOR 2003 Blaw Case Analysis Response of……”]

Question 2.

Assume Congress establishes a new federal agency, the “Self-driving Car Safety Standards Commission” with the purpose of “Establishing safety rules and standards for self-driving cars sold in the United States.” Soon after creation, this agency has passed numerous regulations related to self-driving cars. Ella is upset with one of these that reads, “Each passenger seat in a self-driving car must have the same amount of space as the similar seat in the average compact sedan.” How might Ella challenge the validity of this regulation?

Question 3.

Assume that Ella’s company has entered into a contract to provide most of the technology to a car manufacturer in connection with the manufacture of a self-driving car. This car will have a rear seat that has considerably less room than any compact sedan currently on the market. In general which source of law prevails when a contract conflicts with a statute or regulation?

Question 4.

In the situation of the prior question, which do you think would prevail and why?

Question 5.

Assume that Ella’s company has provided technology to an existing car company that allows the driver to program in a destination address and that the car can then drive to that address without further driver involvement so long as the driver is in the car, it is daylight, and the roads are dry and it is neither raining nor snowing. Assume further that the statute above does not contain a definition of “self-driving car.” If Ella and the car company claim that their car is not a self-driving car, how would a court go about deciding this dispute? Scenario 2 (Q