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Economic Extraterritorial Regulation Amongst The American States, Michael Mischley
Economic Extraterritorial Regulation Amongst The American States, Michael Mischley
School of Professional Studies
By analyzing historical and contemporary examples, this study demonstrates the reality of extraterritorial regulation and how concepts of federalism and political representation shape legal precedents that allow this practice to occur. Second, using a case study focused on the State of California, the State of Texas, and the State of New York, this study looked for pending or promulgated legislation with extraterritorial effect outside of environmental regulation and where the Congress preempts state law.
Conclusively, the practice of economically-powerful American states regulating extraterritorially exists in other policy areas and occurs as a means of national influence outside of federal channels. …
Constitutional Resilience, Shannon M. Roesler
Constitutional Resilience, Shannon M. Roesler
Washington and Lee Law Review
Since the New Deal era, our system of constitutional governance has relied on expansive federal authority to regulate economic and social problems of national scale. Throughout the twentieth century, Congress passed ambitious federal statutes designed to address these problems. In doing so, it often enlisted states as regulatory partners—creating a system of shared governance that underpins major environmental statutes, such as the Clean Water Act and the Clean Air Act. These governance structures remain important today as we seek to adapt our laws and institutions to the serious disruptions of climate change. But recent Supreme Court decisions challenge this long-established …
Reply Brief Of The Petitioners-Taxpayers Edward A. And Doris Zelinsky, Edward A. Zelinsky
Reply Brief Of The Petitioners-Taxpayers Edward A. And Doris Zelinsky, Edward A. Zelinsky
Amicus Briefs
The Division’s Brief confirms that the Tribunal should rule for the taxpayers, Edward A. and Doris Zelinsky Perhaps most egregiously, the Division disparages binding factual stipulations to which the parties agreed at the outset of this litigation. These stipulations confirm that, from March 15, 2020 through December 31, 2020 (“the COVID period”), Professor Zelinsky had no New York office or classroom available to him. Consequently, Professor Zelinsky taught his classes and met with students exclusively on zoom from his Connecticut home. He did not step foot in New York for this nine and one-half month period.
The stipulated facts lead …
Convenient For Who? Apportioning State Income Taxes In The Context Of Remote Work, Brandon Smith
Convenient For Who? Apportioning State Income Taxes In The Context Of Remote Work, Brandon Smith
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Renegotiating The Colorado River Compact: How A One Size Fits All Approach Has Led To A State Centric Future, And How The Commerce Clause Can Solve It, Erica Porvaznik
Renegotiating The Colorado River Compact: How A One Size Fits All Approach Has Led To A State Centric Future, And How The Commerce Clause Can Solve It, Erica Porvaznik
Northern Illinois University Law Review
While equitable division of water supplied by the Colorado River has been dictated by the Colorado River Compact for over one hundred years, this agreement has only served to create an inequal, power dynamic amongst all the states and parties to the Compact.
The current provisions controlling the apportionment and usage of the water are set to expire in 2026. Therefore, there is a path forward for the water to be divided in a new way, specifically, by Congress. I argue that Congress should assume authority over the Colorado River and apportion the water under their Commerce Clause power, as …
The Dormant Commerce Clause As A Way To Combat The Anti-Competitive, Anti-Transmission-Development Effects Of State Right Of First Refusal Laws For Electricity Transmission Construction, Walker Mogen
Michigan Journal of Environmental & Administrative Law
To quickly decarbonize the electricity grid, new sources of renewable energy have to be connected to the grid. To connect these sources of energy to the grid, the rate of construction of new electricity infrastructure must increase quickly. The process to construct new electricity transmission infrastructure, however, is filled with chokepoints that slow its construction. State right of first refusal laws for transmission construction are one the things slowing the build out of the grid. These laws limit which companies can construct new transmission infrastructure to utilities and other companies already operating transmission infrastructure in a state. This Note, using …
Brief Of Amici Curiae Tax Law Professors, Young Ran (Christine) Kim
Brief Of Amici Curiae Tax Law Professors, Young Ran (Christine) Kim
Amicus Briefs
Professors Reuven S. Avi-Yonah, David Gamage, Orly Mazur, Young Ran (Christine) Kim, and Darien Shanske (collectively, “Tax Law Professors”) write this amici curiae brief in support of the Appellant in COMPTROLLER OF MARYLAND v. COMCAST — the Maryland Digital Advertising Case.
Many digital transactions currently evade sales taxation in Maryland, even though the closest non-digital analogues are subject to tax. Specifically, digital advertising platforms like Respondents obtain vast quantities of individualized data from and on Marylanders in currently untaxed transactions. The scope and value of these transactions is vast and growing, as they allow advertising platforms the lucrative opportunity to …