Digital Commons Network^™

Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, The, Mary Sarah Bilder

Missouri Law Review

People are articles of commerce, or so the United States Supreme Court held in 1941, emphasizing that the issue was "settled beyond question." At the time, Justice Jackson expressed some discomfort with the theory that "the migrations of a human being... [are] commerce." The Court, however, has not wavered from this analytical position. Indeed, like many legal constructs, it has inspired little reflection. My hope is to search for what Toni Morrison describes as "the shadows of the presence from which the text has fled."" I believe that the Court's nineteenth-century opinions on immigration under the Commerce Clause reveal the …

A Lopez Legacy?: The Federalism Debate Renewed, But Not Resolved, Debbie Ellis

Northern Illinois University Law Review

This casenote examines the Supreme Court's landmark ruling in United States v. Lopez, in which the Court struck down a Congressional enactment under the Commerce Clause for the first time in modern history. The note traces Commerce Clause jurisprudence back to the days of the Founding Fathers and analyzes the Lopez opinion in an historic context. It also provides an overview of how the lower federal courts have dealt with appeals based on the Lopez ruling and concludes that the federalism debate, which underlies the Court's 5-4 decision, has been renewed but not resolved.

Product Liability Law In The Federal Arena, Sherman Joyce

Seattle University Law Review

The law of product liability has been created by state judges and legislatures. Although not widely noticed, this tradition changed when Congress enacted the General Aviation Revitalization Act of 1994. That legislation established an eighteen-year statute of repose for claims brought by non-commercial passengers injured or killed in accidents involving light aircraft. Until that time, product liability law had been exclusively a function of state law. Nevertheless, product liability reform legislation has been the subject of extensive examination and scrutiny by Members of the United States Congress for one and a half decades. This Article analyzes the constitutional underpinnings for …

California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

Publications

No abstract provided.

Protecting Tribal Sovereignty: Why States Should Not Be Able To Tax Contractors Hired By The Bia To Construct Reservation Projects For Tribes: Blaze Construction Co. V. New Mexico Taxation And Revenue Department: A Case Study, Richard J. Ansson Jr.

American Indian Law Review

No abstract provided.

The Future Of Federalism, Robert F. Nagel

Publications

No abstract provided.

State And Local Taxation Of Interstate And Foreign Commerce: The Second Best Solution, Kathryn L. Moore

Law Faculty Scholarly Articles

Our current system of state and local taxation of interstate and foreign commerce, simply put, is a mess. First, the mere number of jurisdictions that may impose taxes is seemingly limitless: each of the fifty states, plus the District of Columbia, may impose its own set of taxes. In addition, each state may authorize local government units within the state, such as counties, municipalities, townships, and special districts, to assess and collect taxes. For example, in 1994, well over 6,000 separate jurisdictions were authorized to impose sales taxes.

Second, the states may impose a wide variety of taxes and may …