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Untangling The Market-Participant Exemption To The Dormant Commerce Clause, Dan T. Coenen

Scholarly Works

This article focuses on an important vehicle through which the modern Court has moved to protect local prerogatives: the market-participant exemption to the dormant commerce clause. The core of the Court's dormant commerce clause jurisprudence is well-settled: "The commerce clause, by its own force, prohibits discrimination against interstate commerce, whatever its form or method...” Over the past two decades, however, the Court has lifted this prohibition when states act as "market participants" rather than as "market regulators." Invoking this distinction, the Court has shielded from commerce clause attack blatant favoritism of local interests when a state or municipality buys printing …

Uniform Status Of Children Of Assisted Conception Act: A View From The Drafting Committee, Robert C. Robinson, Paul M. Kurtz

Scholarly Works

The "Status of Children of Assisted Conception" Act was designed primarily to effect the security and well-being of children born and living in our midst as a result of assisted conception. The Conference's Executive Committee and the general Conference, considering the plight of these children, some with five biological parents, some with no readily identifiable biological parents, and some with other deprivations, determined that the greatest priority and first call on the energy and talent of the Drafting Committee was to provide an act which addressed these and other deficiencies.

There was great urgency on the part of the Drafting …