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The Misinterpretation Of The Tonnage Clause In Polar Tankers, Inc. V. City Of Valdez, Angelo J. Suozzi
The Misinterpretation Of The Tonnage Clause In Polar Tankers, Inc. V. City Of Valdez, Angelo J. Suozzi
Alaska Law Review
No abstract provided.
Spending Clause Litigation In The Roberts Court, Samuel R. Bagenstos
Spending Clause Litigation In The Roberts Court, Samuel R. Bagenstos
Duke Law Journal
Throughout the Rehnquist Court's so-called federalism revolution, as the Court cut back on federal power tinder Article I and the Civil War Amendments, many commentators asserted that the spending power was next to go on the chopping block. But in the last years of the Rehnquist Court, a majority of Justices seemed to abandon the federalism revolution, and in the end, the Rehnquist Court never got around to limiting Congress's power tinder the Spending Clause. This Article contends that it is wrong to expect the Roberts Court to be so charitable about Congress's exercise of the spending power. But the …
The Virtue Of Vagueness: A Defense Of South Dakota V. Dole, Reeve T. Bull
The Virtue Of Vagueness: A Defense Of South Dakota V. Dole, Reeve T. Bull
Duke Law Journal
No abstract provided.
You Say Takings, And I Say Takings: The History And Potential Of Regulatory Takings Challenges To The Endangered Species Act, Darren Botello-Samson
You Say Takings, And I Say Takings: The History And Potential Of Regulatory Takings Challenges To The Endangered Species Act, Darren Botello-Samson
Duke Environmental Law & Policy Forum
No abstract provided.
The Commerce Power And Criminal Punishment: Presumption Of Constitutionality Or Presumption Of Innocence?, Margaret H. Lemos
The Commerce Power And Criminal Punishment: Presumption Of Constitutionality Or Presumption Of Innocence?, Margaret H. Lemos
Faculty Scholarship
The Constitution requires that the facts that expose an individual to criminal punishment be proved to a jury beyond a reasonable doubt. In recent years, the Supreme Court has taken pains to ensure that legislatures cannot evade the requirements of proof beyond a reasonable doubt and jury presentation through artful statutory drafting. Yet current Commerce Clause jurisprudence permits Congress to do just that. Congress can avoid application of the reasonable-doubt and jury-trial rules with respect to certain critical facts-the facts that establish the basis for federal action by linking the prohibited conduct to interstate commerce-by finding those facts itself rather …
Carlson V. State And The Privileges And Immunities Clause: The Alaska Wrinkle In Nonresident Fishing Fee Differentials, Sarah H. Davis
Carlson V. State And The Privileges And Immunities Clause: The Alaska Wrinkle In Nonresident Fishing Fee Differentials, Sarah H. Davis
Alaska Law Review
No abstract provided.
The Unintended Consequences Of Enhancing Gun Penalties: Shooting Down The Commerce Clause And Arming Federal Prosecutors, Sara Sun Beale
The Unintended Consequences Of Enhancing Gun Penalties: Shooting Down The Commerce Clause And Arming Federal Prosecutors, Sara Sun Beale
Duke Law Journal
No abstract provided.
Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson
Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson
Duke Law Journal
No abstract provided.
The Amended Gun-Free School Zones Act: Doubt As To Its Constitutionality Remains, Seth J. Safra
The Amended Gun-Free School Zones Act: Doubt As To Its Constitutionality Remains, Seth J. Safra
Duke Law Journal
No abstract provided.
Constitutional Crossroads: Reconciling The Twenty-First Amendment And The Commerce Clause To Evaluate State Regulation Of Interstate Commerce In Alcoholic Beverages, Duncan Baird Douglass
Constitutional Crossroads: Reconciling The Twenty-First Amendment And The Commerce Clause To Evaluate State Regulation Of Interstate Commerce In Alcoholic Beverages, Duncan Baird Douglass
Duke Law Journal
No abstract provided.
The Market Participant Test In Dormant Commerce Clause Analysis—Protecting Protectionism?, Richard H. Seamon
The Market Participant Test In Dormant Commerce Clause Analysis—Protecting Protectionism?, Richard H. Seamon
Duke Law Journal
The Supreme Court's traditional analysis of state actions under the dormant commerce clause 1 has undergone two important modifications over the past decade. 2 In the first, the Court established a rule under which certain state actions that are within the scope of the dormant commerce clause may be deemed per se invalid, without inquiry into the extent to which the challenged state action burdens interstate commerce or furthers legitimate local objectives. 3 In the second, the Court fashioned a threshold inquiry to determine whether state action constitutes "market participation," 4 in which case it lies outside the scope of …
Judicial Review Under Complete Auto Transit: When Is A State Tax On Energy-Producing Resources “Fairly Related”?, R. Douglas Harmon
Judicial Review Under Complete Auto Transit: When Is A State Tax On Energy-Producing Resources “Fairly Related”?, R. Douglas Harmon
Duke Law Journal
No abstract provided.