Add to ORKGThis comment examines the impact of United States Trust on traditional contract clause doctrines and policies. After an initial discussion of the factual and legal background, a historical survey will show the decision employs a new approach to contract clause analysis. Next, this comment will analyze the Court\u27s new approach, especially the Court\u27s treatment of impairments when a state is a contractual party, its willingness to make policy judgments formerly left to legislative discretion, and the decision\u27s probable effect on any future municipal debt crises. Finally, in accord with Justice Brennan\u27s dissent in United States Trust, this comment will conclude that the Court\u27s former approach to contract clause issues was sup...
During the early nineteenth century, the contract clause served as the fundamental source of federal...
The full faith and credit clause of the Constitution\u27 has commonly been regarded as concerned onl...
This paper argues that the market participant exception to the dormant commerce clause reflects the ...
In two recent cases, the Supreme Court of the United States held that state legislation had impaired...
(Excerpt) This Note argues that U.S. Trust\u27s Contracts Clause test created ambiguities that have ...
The article discusses American constitutional law, the U.S. Supreme Court\u27s ruling in the 1977 ca...
This Note argues that the Court should return to a reliance-based approach to Contract Clause challe...
Modern interpretation of the Contract Clause of article 1, section 10 has created a dual standard of...
This Article first places Bond in the context of the Supreme Court’s growing reliance on interpretiv...
Some scholars would limit courts to the text of written agreements when interpreting contracts on th...
This Comment examines the evolution of the act of state doctrine in a commercial context, with speci...
(Excerpt) This Note argues that, despite its notorious reputation as the case that permitted and enc...
§4.1. Introduction. None of the contract cases decided during the 1963 Survey year requires extensiv...
Chapter 9 requires states to authorize any municipal bankruptcy filing. However, most state constitu...
Suppose a resident of New Jersey creates an irrevocable inter vivos trust. The settlor subsequently ...
During the early nineteenth century, the contract clause served as the fundamental source of federal...
The full faith and credit clause of the Constitution\u27 has commonly been regarded as concerned onl...
This paper argues that the market participant exception to the dormant commerce clause reflects the ...
In two recent cases, the Supreme Court of the United States held that state legislation had impaired...
(Excerpt) This Note argues that U.S. Trust\u27s Contracts Clause test created ambiguities that have ...
The article discusses American constitutional law, the U.S. Supreme Court\u27s ruling in the 1977 ca...
This Note argues that the Court should return to a reliance-based approach to Contract Clause challe...
Modern interpretation of the Contract Clause of article 1, section 10 has created a dual standard of...
This Article first places Bond in the context of the Supreme Court’s growing reliance on interpretiv...
Some scholars would limit courts to the text of written agreements when interpreting contracts on th...
This Comment examines the evolution of the act of state doctrine in a commercial context, with speci...
(Excerpt) This Note argues that, despite its notorious reputation as the case that permitted and enc...
§4.1. Introduction. None of the contract cases decided during the 1963 Survey year requires extensiv...
Chapter 9 requires states to authorize any municipal bankruptcy filing. However, most state constitu...
Suppose a resident of New Jersey creates an irrevocable inter vivos trust. The settlor subsequently ...
During the early nineteenth century, the contract clause served as the fundamental source of federal...
The full faith and credit clause of the Constitution\u27 has commonly been regarded as concerned onl...
This paper argues that the market participant exception to the dormant commerce clause reflects the ...