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Constitutional Law

Constitution

Selected Works

David S. Bogen

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Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen Apr 2009

Book Review: The Constitution In The Supreme Court: The First Hundred Years, 1789-1888., David S. Bogen

David S. Bogen

No abstract provided.


The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen Feb 2009

The Market Participant Doctrine And The Clear Statement Rule, David S. Bogen

David S. Bogen

This paper argues that the market participant exception to the dormant commerce clause reflects the same concerns that led to the clear statement doctrine for application of general legislation to the operations of state governments. The genius of the Constitution was to make federal law directly applicable to individuals instead of through state governments – this made enforcement easier and avoided confrontation between the state and nation. Confrontation in which the federal authorities order the state to act in a particular way should be a result of consideration of the need to do so. But the dormant commerce clause by …