Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Entire DC Network
The Dormant Internet: Are State Regulations Of Motor Vehicle Sales By Manufacturers On The Information Superhighway Obstructing Interstate And Internet Commerce?, Derek E. Empie
Georgia State University Law Review
No abstract provided.
The Indecency Of Unsolicited Sexually Explicit Email: A Comment On The Protection Of Free Speech V. The Protection Of Children, Monique Redford
The Indecency Of Unsolicited Sexually Explicit Email: A Comment On The Protection Of Free Speech V. The Protection Of Children, Monique Redford
Seattle University Law Review
Because the state of Washington has a compelling interest in protecting the moral and psychological welfare of its children, the current spam law should be amended to also proscribe the transmission of unsolicited sexually explicit commercial email within its borders. This article argues that such an amendment would not violate either the dormant Commerce Clause or the First Amendment. In support of this thesis, section II first addresses the pervasive problem of children-not just adults-receiving sexually explicit material via unsolicited email. Then, sections III through V discuss the implications of the dormant Commerce Clause, the First Amendment, and the policy …
Protecting Intrastate Threatened Species: Does The Endangered Species Act Encroach On Traditional State Authority And Exceed The Outer Limits Of The Commerce Clause, Bradford Mank
Faculty Articles and Other Publications
After the Supreme Court decided Lopez, a number of commentators speculated about its impact on the Endangered Species Act. This Article reexamines the issue in light of Morrison and SWANCC. Part V demonstrates that, even after Lopez, Morrison, and SWANCC, the Commerce Clause reaches federal regulation of intrastate endangered or threatened species because conservation of such species has traditionally been a shared federal and state function that recognizes the legitimacy of federal regulation whenever the need for preservation is great and states have failed to address important conservation issues. Additionally, Part V shows federal regulation of endangered or threatened species …
The Meaning Of Fair Apportionment And The Prohibition On Extraterritorial State Taxation , Bradley W. Joondeph
The Meaning Of Fair Apportionment And The Prohibition On Extraterritorial State Taxation , Bradley W. Joondeph
Fordham Law Review
No abstract provided.
Is The Rehnquist Court An "Activist" Court? The Commerce Cause Cases, Randy E. Barnett
Is The Rehnquist Court An "Activist" Court? The Commerce Cause Cases, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In United States v. Lopez, the Supreme Court, for the first time in sixty years, declared an act of Congress unconstitutional because Congress had exceeded its powers under the Commerce Clause. In 2000, the Court reaffirmed the stance it took in Lopez in the case of United States v. Morrison, once again finding that Congress had exceeded its powers. Are these examples of something properly called "judicial activism"? To answer this question, we must clarify the meaning of the term "judicial activism." With this meaning in hand, the author examines the Court's Commerce Clause cases. The answer he …