A DISSENTING OPINION
- The Business Activity Tax Simplification Act. Flanagan, Troy // Franchising World;Apr2009, Vol. 41 Issue 4, p76
The article reports on the U.S. Business Activity Simplification Act which was reintroduced in Congress. The law is intended to clarify the intent of existing commerce law and reaffirm the primacy of the Commerce Clause over various state laws. The key provisions of the law are also discussed,...
- LOCATING THE BOUNDARIES: THE SCOPE OF CONGRESS'S POWER TO REGULATE COMMERCE. Bork, Robert H.; Troy, Daniel E. // Harvard Journal of Law & Public Policy;Summer2002, Vol. 25 Issue 3, p849
Examines the purpose of the Commerce Clause, a policy that empowers the U.S. Congress to regulate commerce in the U.S. Provisions of the Commerce Clause; Discussion on the evolution of commerce power under U.S. Supreme Court jurisprudence; Information on the application of commerce clause to...
- The Commerce Clause: Does It Mean What You "Think" It Means? Rivera, Nick // Moderate Voice;8/29/2010, p11
The article presents the author's insights regarding the interpretation of the Commerce Clause of the U.S. Constitution which denotes that the Congress has the power to prevent federal state from imposing trade barriers against one another.
- TURNING THE COMMERCE CLAUSE CHALLENGE "ON ITS FACE": WHY FEDERAL COMMERCE CLAUSE STATUTES DEMAND FACIAL CHALLENGES. Stewart, Nathaniel // Case Western Reserve Law Review;Fall2004, Vol. 55 Issue 1, p161
Focuses on the challenges of the Commerce Clause of the U.S. Constitution. Origin of the statute; Commerce Clause grants Congress the power to regulate commerce among the States; Implication that legislative powers remain beyond congress reach; Suggestion that Article III of the U.S....
- PUBLIC HEALTH, ENVIRONMENTAL PROTECTION, AND THE DORMANT COMMERCE CLAUSE: MAINTAINING STATE SOVEREIGNTY IN THE FEDERALIST STRUCTURE. Thompson, Andrew D. // Case Western Reserve Law Review;Fall2004, Vol. 55 Issue 1, p213
Focuses on public health, environmental protection and the dormant Commerce Clause in the U.S. Effects of acid deposition in the Northeast states; Court decision on the case of "Clean Air Markets Group v. Pataki"; Goals of environmental protection which is the protection of natural resources.
- CONSTITUTIONAL LAW--Kassel v. Consolidated Freightways Corp.: 'Goodbuddy' Raymond Revisited in Name Only. Kohl, Steven C. // Journal of Corporation Law;Spring83, Vol. 8 Issue 3, p543
Presents a review of interstate commerce cases in the United States. Analysis of a case involving Kassel and Consolidated Freightways Corp.; Imposition of a disproportionate burden on out-of-state interests; Prevention of the states from erecting barriers to the free flow of interstate commerce.
- IN-STATE OR OUT-OF-STATE? // State Legislatures;Feb2005, Vol. 31 Issue 2, p9
Focuses on oral arguments that challenge the constitutionality of the 21st Amendment to the Commerce Clause which allows in-state wineries in the U.S. to send their products directly to consumers while prohibiting out-of-state wineries the same privilege. Arguments of lawyers representing wine...
- Court blocks Mexican trucks. Geiselman, Bruce // Waste News;2/3/2003, Vol. 8 Issue 22, p22
Reports on the decision of federal appeals court to restrict the entry of trucks from Mexico to the U.S. border. Entry of Mexico-based trucks under the terms of the North American Free Trade Agreement; Regulation of the appeals court on opening the border for Mexico-based trucks.
- Non-profits victorious as court examines commerce clause. Collins, Bruce D. // Corporate Legal Times;Jul97, Vol. 7 Issue 68, p9
Reports on the United States Supreme Court's examination of Commerce clause with regards to a tax case brought by a non-profit summer camp in Maine. Details of the case `Camps Newfound/Owatonna versus Harrison; How the court resolved the unresolved question presented by the case; Stand of the...