Commerce Clause
When the Commerce Clause Goes International: A Proposed Legal Framework for the Foreign Commerce Clause
... Foreign Commerce” in the PROTECT Act did “not criminalize travel occurring wholly between two foreign countries and without any territorial nexus to the United ...foreign commerce power did not give ...
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Rational Basis Is The Only Rational Solution: Resolving Foreign Commerce Clause Confusion
... 137. The defendant in the Flath case urged the court to adopt the reasoning of dissenting Judge Manion in United States v. Vasquez. Id. at 956 (citing United States v. Vasquez, 611 F.3d 325, 333 (7th Cir. 2012) (Manion, ...
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Commerce Clause Limits on State Regulation of Interstate Water Export
... negative commerce clause limits the power of states, not the power of the United States ...negative commerce clause, though such authorization must be unmistakably clear before a court will ...
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Comparing Wayfair and Wynne: Lessons for the Future of the Dormant Commerce Clause
... dormant Commerce Clause or whether he will align himself with dormant Commerce Clause ...dormant Commerce Clause, Justice Scalia remained willing to strike taxes under that ...
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Level Up: Employing the Commerce Clause To Federalize the Sale of Goods
... the Commerce Clause); Heart of Atlanta Motel, ...interstate commerce); Wickard ...(extending Commerce Clause power to “those intrastate activities which in a substantial way interfere ...
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Judicial Deference and Political Power in Fourteenth Amendment and Dormant Commerce Clause Cases
... 1. Other commenters have noted the Supreme Court tends to engage in more active review in some types of cases than in others, but they have focused on the Rehnquist Court and not earlier examples of this divergence. ...
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The Commerce Clause Implications of the Individual Mandate Under the Patient Protection and Affordable Care Act
... the Commerce Clause allows Congress to approve the individual mandate ...Spending Clause allows the Medicaid expansion precisely as Congress authorized ...
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State-Level Carbon Taxes and the Dormant Commerce Clause: Can Formulary Apportionment Save the World?
... 13 Note that border adjustments imposed by a state would also likely raise issues related to international trade. These issues are beyond the scope of this Article, though note that at least some commentators plausibly ...
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Too Big a Fish in the Digital Pond? The California Consumer Privacy Act and the Dormant Commerce Clause
... [D]ormant Commerce Clause has been applied to the Internet, consider the leading case of American Libraries Ass’n ...legitimate commerce wholly outside New ...of commerce that must be marked ...
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Laws for "Aliens and Strangers": Examining the Foreign Commerce Clause through the Lens of Indian Commerce Clause Law
... Indian Commerce Clause, “commerce” was defined as commer- cial and diplomatic relations between sovereign nations and activity that demonstrably affects willingness or ability of foreign countries or ...
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The Clothes Have No Emperor, or, Cabining the Commerce Clause
... of Commerce Clause precedent in Lopez, Chief Justice Rehnquist marks the beginning of federal commerce power doctrine (as opposed to limits on state law due to the Commerce Clause) with ...
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Regulation of Public Accomodations Via the Commerce Clause The Civil Rights Act of 1964
... Regulation of Public Accomodations Via the Commerce Clause The Civil Rights Act of 1964 SMU Law Review Volume 19 | Issue 2 Article 7 1965 Regulation of Public Accomodations Via the Commerce Clause The[.] ...
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Targeting State Protectionism Instead of Interstate Discrimination Under the Dormant Commerce Clause
... Clause review--they are appropriately invalidated under either a discrimination model or a protectionism model of dormant Commerce Clause review. Now, briefly consider a [r] ...
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Bitcoin, the Commerce Clause, and Bayesian Stare Decisis
... The remainder of this Article is organized as follows: Part I briefly considers the taxation of bitcoin transactions to give the reader some sense of the constitutional Pandora’s box that Wayfair just opened. Part II ...
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Reversing the Tide under the Commerce Clause
... Ogden as dealing "rarely with the extent of Congress' power, and almost entirely with the Commerce Clause as a limit on state legislation that discriminated against interstate commerce."[r] ...
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RICO Commerce Clause The First Circuit Extends Congressional Commerce Power to Encompass Noneconomic Criminal Conduct
... RICO Commerce Clause The First Circuit Extends Congressional Commerce Power to Encompass Noneconomic Criminal Conduct SMU Law Review Volume 61 | Issue 2 Article 9 2008 RICO Commerce Clause The First C[.] ...
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Tax Competition and the Dormant Commerce Clause: A Japanese Perspective
... dormant Commerce Clause ...dormant Commerce Clause equivalent in ...interstate commerce, but there are no means to invalidate the ...dormant Commerce Clause and Wayfair ...
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Four Shots At The Commerce Clause: The Firearms Freedom Act And The Unarticulated Products Category Of The Commerce Power
... Regardless of the outcome in Montana’s federal case, the MFFA and related challenges are not going away. Criticism of Congress’s heavy regulatory hand has come in large part from the actions it has taken with its ...
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The Affordable Care Act Individual Coverage Requirement: Ways to Frame the Commerce Clause Issue
... 81 Congress has plenary power to regulate matters that are clearly part of interstate commerce, like health insurance and probably health care, and that regulation [r] ...
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California's Statutory Attempt to Regulate Foreign Corporations: Will It Survive the Commerce Clause
... Section 2115's impact on interstate commerce was brought into focus in a recent California superior court case, Louart v. 78 Arden-Mayfair was a Delaware corporation[r] ...
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