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Commercial Law

Vanderbilt Law Review

Journal

Commerce Clause

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

The Right Results For All The Wrong Reasons: An Historical And Functional Analysis Of The Commerce Clause, Anna J. Cramer Jan 2000

The Right Results For All The Wrong Reasons: An Historical And Functional Analysis Of The Commerce Clause, Anna J. Cramer

Vanderbilt Law Review

Two football players rape an eighteen-year-old college student. A high-school senior carries a concealed handgun into a school building.' An arsonist burns down a trailer occupied by an interracial couple. An armed robber, after burglarizing the home of a couple and their handicapped child, speeds off in the family's Suburban.'

All of these crimes are local in nature. It seems obvious that each perpetrator would be hauled down to the local courthouse and indicted under applicable criminal law. One naturally assumes that the law would be a state statute. Yet, these perpetrators will not only face state criminal prosecution but …


Free Trade And The Regulatory State: A Gatts-Eye View Of The Dormant Commerce Clause, Daniel A. Farber, Robert E. Hudec Oct 1994

Free Trade And The Regulatory State: A Gatts-Eye View Of The Dormant Commerce Clause, Daniel A. Farber, Robert E. Hudec

Vanderbilt Law Review

At one time, federalism may have seemed a peculiarly American institution. Today, however, we can see federalism as a special case of the more general problem of allocating power among geographic units. Problems of federalism arise in structures as large as the European Union' and the even larger global trade system under the General Agreement on Tariffs and Trade ("GATT").

Free trade increasingly is accepted as a value internationally, as it always has been for commerce within the United States. Yet, both internationally and domestically, free trade must accommodate the reality of the modern regulatory state-a state that shows little …