The Supreme Court of the United States held that a state plan under which a bounty was paid to scrap metal processors for the processing of automobile hulks was an exercise of the state\u27s proprietary power and not subject to the restrictions of the commerce clause. By so holding the Court avoided the need to balance state interests against the burden placed by the plan upon interstate commerce. This article discusses the effect of the Court\u27s decision not to apply the balancing test and argues that state actions of this type should not be shielded from commerce clause scrutiny
The Commerce Clause has long been a constitutional powerhouse underlying federal legislation. The de...
When the state acts as a market regulator, the dormant Commerce Clause invalidates discriminatory re...
Substantive due process is a controversial doctrine due to its lack of a limiting principle that pre...
The Supreme Court of the United States held that a state plan under which a bounty was paid to scrap...
This Article seeks to explore the developing principles of state sovereignty limitations on Congress...
This Note examines the approach recently adopted by the Maryland legislature in special session one ...
In its Florida Prepaid and College Savings Bank decisions of two terms ago, the Supreme Court raised...
In a recent decision the Supreme Court has halted the prior trend of increasing the scope of federal...
The present purpose is to inquire whether, in the matter of the regulation of property rights and of...
This Article evaluates case law involving the dormant Commerce Clause of the U.S. Constitution, and ...
There is no theme more familiar to constitutional law than the clash between federal power and state...
Constitutional protection of private property is grounded in a conflict between two legal principles...
In the period covered by this supplementary article, the Supreme Court has decided a case or two a y...
The Supreme Court\u27s 1977 decision in Complete Auto Transit, Inc. v. Brady signaled a paradigmatic...
Full-text available at SSRN. See link in this record.The dormant Commerce Clause of the U.S. Constit...
The Commerce Clause has long been a constitutional powerhouse underlying federal legislation. The de...
When the state acts as a market regulator, the dormant Commerce Clause invalidates discriminatory re...
Substantive due process is a controversial doctrine due to its lack of a limiting principle that pre...
The Supreme Court of the United States held that a state plan under which a bounty was paid to scrap...
This Article seeks to explore the developing principles of state sovereignty limitations on Congress...
This Note examines the approach recently adopted by the Maryland legislature in special session one ...
In its Florida Prepaid and College Savings Bank decisions of two terms ago, the Supreme Court raised...
In a recent decision the Supreme Court has halted the prior trend of increasing the scope of federal...
The present purpose is to inquire whether, in the matter of the regulation of property rights and of...
This Article evaluates case law involving the dormant Commerce Clause of the U.S. Constitution, and ...
There is no theme more familiar to constitutional law than the clash between federal power and state...
Constitutional protection of private property is grounded in a conflict between two legal principles...
In the period covered by this supplementary article, the Supreme Court has decided a case or two a y...
The Supreme Court\u27s 1977 decision in Complete Auto Transit, Inc. v. Brady signaled a paradigmatic...
Full-text available at SSRN. See link in this record.The dormant Commerce Clause of the U.S. Constit...
The Commerce Clause has long been a constitutional powerhouse underlying federal legislation. The de...
When the state acts as a market regulator, the dormant Commerce Clause invalidates discriminatory re...
Substantive due process is a controversial doctrine due to its lack of a limiting principle that pre...