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Articles 1 - 15 of 15
Full-Text Articles in Entire DC Network
The Environmental Commerce Clause, Christine A. Klein
The Environmental Commerce Clause, Christine A. Klein
Christine A. Klein
This Article studies every commerce clause decision of the modem Supreme Court that involves the scope of governmental authority to regulate the use of natural resources. These decisions comprise what I will call the environmental commerce clause -- the Court's interpretation of the limits mandated by the commerce clause upon federal and state legislation protecting natural resources. Overall, the Court has been limiting the scope of the affirmative commerce clause while simultaneously expanding the reach of the dormant commerce clause. As a result, both federal and state efforts to protect the natural environment have been rendered constitutionally suspect. This study …
A Call For An Interpretive Presumption Against Burdens On Interstate Commerce In The Context Of Interstate Compacts, Claire Murray
A Call For An Interpretive Presumption Against Burdens On Interstate Commerce In The Context Of Interstate Compacts, Claire Murray
LSU Journal of Energy Law and Resources
No abstract provided.
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Washington and Lee Journal of Energy, Climate, and the Environment
Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …
The Commerce Power And Congressional Mandates, Dan T. Coenen
The Commerce Power And Congressional Mandates, Dan T. Coenen
Scholarly Works
In National Federation of Independent Business v. Sebelius, a five-Justice majority concluded that the commerce power did not support enactment of the so-called “individual mandate,” which imposes a penalty on many persons who fail to buy health insurance. That ruling is sure to spark challenges to other federal laws on the theory that they likewise mandate individuals or entities to take certain actions. Federal laws founded on the commerce power, for example, require mine operators to provide workers with safety helmets and (at least as a practical matter) require mine workers to wear them. Some analysts will say that laws …
Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor
Rena I. Steinzor
No abstract provided.
Testimony Before The Committee On Energy And Commerce, Subcommittee On Environment And Economics, U.S. House Of Representatives, Hearing On Constitutional Considerations: States Vs. Federal Environmental Policy Implementation July 11, 2014, Rena I. Steinzor
Congressional Testimony
No abstract provided.
Taxpayer Standing And Daimlerchrysler V. Cuno: Where Do We Go From Here?, Kristin E. Hickman, Donald B. Tobin
Taxpayer Standing And Daimlerchrysler V. Cuno: Where Do We Go From Here?, Kristin E. Hickman, Donald B. Tobin
Donald B. Tobin
In granting certiorari in the case of Daimler-Chrysler Corp. v. Cuno, the Supreme Court asked the parties to brief "whether respondents have standing to challenge Ohio's investment tax credit." This report applies modern standing doctrine to the Cuno case and concludes that the Cuno plaintiffs do no have standing to raise their claims in federal court. Moreover, the authors write, allowing the Cuno plaintiffs' case to be resolved in federal court would open the federal court system to a wide range of taxpayer challenges better left to the political branches of government. Nevertheless, they recognize that there may be other …
Vol. 5 No. 2, Spring 2014; Pay-For-Delay And Interstate Commerce: Why Congress Or The Supreme Court Must Take Action Opposing Reverse Payment Settlements, Corey Hickman
Northern Illinois Law Review Supplement
A pay-for-delay drug settlement, also called a reverse payment settlement, occurs when a brand name pharmaceutical company agrees to pay the maker of a similar generic drug to delay the release of the generic drug into the stream of commerce, thereby allowing the brand name pharmaceutical company to eliminate competition for an extended period of time. These agreements allow both the brand name manufacturer and the generic manufacturer to profit immensely. These settlements cost the American public an estimated $3.5 billion per year. Further, reverse payment settlements on average prevent generic drugs from entering the stream of commerce for an …
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Lochner, Liquor, And Longshoremen: A Puzzle In Progressive Era Federalism, Barry Cushman
Barry Cushman
In 1890, the Supreme Court shocked and thrilled the civilized world with the announcement that dry states could not prohibit the sale of liquor shipped in from outside the state. So long as the out-of-state goods remained in their "original packages," the Court held they retained their character as interstate commerce subject only to federal regulation. The consequences for the cause of local sobriety were, predictably, catastrophic. The proliferation in temperance territory of "original package saloons," at which one could purchase liquor free from the superintendence of local liquor authorities, was appalling to dry eyes. Members of Congress immediately proposed …
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Pepperdine Law Review
No abstract provided.
Federalism And Phantom Economic Rights In Nfib V. Sibelius, Matthew Lindsay
Federalism And Phantom Economic Rights In Nfib V. Sibelius, Matthew Lindsay
All Faculty Scholarship
Few predicted that the constitutional fate of the Patient Protection and Affordable Care Act would turn on Congress’ power to lay and collect taxes. Yet in NFIB v. Sebelius, the Supreme Court upheld the centerpiece of the Act — the minimum coverage provision (MCP), commonly known as the “individual mandate” — as a tax. The unexpected basis of the Court’s holding has deflected attention from what may prove to be the decision’s more constitutionally consequential feature: that a majority of the Court agreed that Congress lacked authority under the Commerce Clause to penalize people who decline to purchase health insurance. …
Energy Policy, Extraterritoriality, The Dormant Commerce Clause, Alexandra B. Klass, Elizabeth Henley
Energy Policy, Extraterritoriality, The Dormant Commerce Clause, Alexandra B. Klass, Elizabeth Henley
San Diego Journal of Climate & Energy Law
This Article will focus specifically on potential challenges to state energy policy based on the “extraterritoriality doctrine” of the dormant Commerce Clause. In doing so, it considers two recent lawsuits involving dormant Commerce Clause challenges to state energy policy. The first is the lawsuit against the State of California over its Low Carbon Fuels Standard (LCFS) program on grounds that it discriminates against Midwest ethanol producers in favor of California ethanol producers and regulates extraterritorially in violation of the dormant Commerce Clause. The second is the lawsuit by the State of North Dakota, the North Dakota lignite coal industry, and …
Waste Not, Want Not: The Right To Food, Food Waste And The Sustainable Development Goals, Anastasia Telesetsky
Waste Not, Want Not: The Right To Food, Food Waste And The Sustainable Development Goals, Anastasia Telesetsky
Denver Journal of International Law & Policy
No abstract provided.
What Is The Gist Of The Mail Fraud Statute?, C.J. Williams
What Is The Gist Of The Mail Fraud Statute?, C.J. Williams
Oklahoma Law Review
No abstract provided.
The Bond Court's Institutional Truce, Monica Hakimi
The Bond Court's Institutional Truce, Monica Hakimi
Faculty Scholarship
As many readers are aware, Bond v. United States is a quirky case. The federal government prosecuted under the implementing legislation for the Chemical Weapons Convention (CWC) a betrayed wife who used chemical agents to try to harm her husband’s lover. The wife argued that, as applied to her, the implementing legislation violated the Tenth Amendment. She thus raised difficult questions about the scope of the treaty power and of Congress’s authority to implement treaties through the Necessary and Proper Clause. The Bond Court avoided those questions with a clear statement rule: “we can insist on a clear indication that …