Dormant Commerce Clause
State-Level Carbon Taxes and the Dormant Commerce Clause: Can Formulary Apportionment Save the World?
... This short Article is not an argument for a carbon tax in any form, though clearly it assumes that one would be worth pursuing. Rather, in this Article I have taken on the common assumption that a particular, and ...
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Comparing Wayfair and Wynne: Lessons for the Future of the Dormant Commerce Clause
... a dormant Commerce Clause skeptic, it will require near unanimity by the other six Justices of the Court to apply the dormant Commerce Clause to bar the double taxation of dual ...
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Too Big a Fish in the Digital Pond? The California Consumer Privacy Act and the Dormant Commerce Clause
... does not discriminate against out-of-state entities in favor of in-state competitors[.] Maine's law does not risk imposing regulatory obligations inconsistent with those of other states. No other states have erected ...
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Are Public Facilities Different from Private Ones: Adopting a New Standard of Review for the Dormant Commerce Clause
... Are Public Facilities Different from Private Ones Adopting a New Standard of Review for the Dormant Commerce Clause SMU Law Review Volume 60 | Issue 1 Article 5 2007 Are Public Facilities Different fr[.] ...
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Judicial Deference and Political Power in Fourteenth Amendment and Dormant Commerce Clause Cases
... Typical dormant Commerce Clause plaintiffs have significant power in Congress, whereas Fourteenth Amendment plaintiffs typically seek judicial review of legislation because they have already lost out ...
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Tax Competition and the Dormant Commerce Clause: A Japanese Perspective
... dormant Commerce Clause ...a dormant Commerce Clause equivalent in ...interstate commerce, but there are no means to invalidate the ...the dormant Commerce ...
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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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Laws for "Aliens and Strangers": Examining the Foreign Commerce Clause through the Lens of Indian Commerce Clause Law
... foreign commerce power to be ...foreign commerce clause cases consider the ability of a nation to legislate within the borders of another ...the dormant commerce clause may not ...
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Proportionality as Hidden (but Emerging?) Touchstone of American Federalism: Reflections on the Wayfair Decision
... the dormant Commerce Clause, but modern dormant Commerce Clause doctrine is generally respectful of the background norm that states must be permitted the leeway to raise revenue ...
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Refbacks
... While the Eighth Circuit in S. Wine concluded that Missouri was permitted to have a residency requirement, and that SM did not have standing to challenge the law’s durational requirement, the case nonetheless brings up ...
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Community and Fairness in Democratic Theory
... As Professor Brilmayer hints, the reconciliation does pose acute problems for a theory of community and fairness.. The Dormant Commerce Clause.[r] ...
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The Surf Is up, but Who Owns the Beach - Who Should Regulate Commerce on the Internet
... Dormant Commerce Clause critics certainly might construe congressional silence as a willingness by federal legislators to allow the states to regulate the Internet. H[r] ...
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Judicial Usurpation of Legislative Power: Why Congress Must Reassert its Power to Determine What is “Appropriate Legislation” to Enforce the Fourteenth Amendment
... Establishment Clause, however, his position must necessarily be that the Act is unconstitutional in all of its ...Establishment Clause operates as a substantive limit on the powers of Congress even when ...
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The Supreme Courts Decision On The Affordable Care Act: Abrogating Article III Of The Constitution
... “Commerce Clause” powers, Chief Justice Roberts wrote that “Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new ...
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Rational Basis Is The Only Rational Solution: Resolving Foreign Commerce Clause Confusion
... this Note does not give an in-depth analysis of this four-factor test, it does provide a brief explanation of its disagreement with it. First, this test appears to be more complex than any test the courts have for ...
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Constitutional Law, Import-Export Clause: Non-Discriminatory, Fairly Apportioned Excise Tax applied to Stevedoring Companies Loading and Unloading Goods in Imports and Export Transit does not constitute an Import or Duty within the Prohibition of the Import-Export Clause
... 5 U.S. Justice Douglas, in his dissenting opinion in Carter and Weekes, felt that the tax was not violative of the Commerce Clause but did violate the Import-Expo[r] ...
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Courrier de la Commission de la Communauté economique européenne = Letter from the Commission of the European Economic Community No. 53, July 1967
... La clause CEE dans les accords de commerce multilatéraux Au sujet d'une question écrite posée par un parlementaire concernant la clause spéciale CEE assurant l'instauration et la mise en[r] ...
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DISTINGUISHING THE “TRULY NATIONAL” FROM THE “TRULY LOCAL”: CUSTOMARY ALLOCATION, COMMERCIAL ACTIVITY, AND COLLECTIVE ACTION
... The Eleventh Circuit’s invocation of custom in the health care litigation illustrates a second problem with approaches that turn on traditional subjects of state regulation. The court’s depiction of health insurance and ...
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The Patient Protection And Affordable Care Act Of 2010: Constitutional?
... the Commerce Clause before discussing the details of the ...interstate commerce or person or things in interstate commerce even though the threat may come from intrastate ...Congress ...
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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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