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Dormancy Versus Innovation: A New Generation Dormant Commerce Clause, Sam Kalen Mr.
Dormancy Versus Innovation: A New Generation Dormant Commerce Clause, Sam Kalen Mr.
Sam Kalen Mr.
The vitality of the dormant commerce clause is becoming increasingly suspect. Modern academic commentary questions the Supreme Court’s rationale for this negative aspect of the Commerce Clause. Yet the emphasis of the scholarship overlooks how our society has changed dramatically since the Court developed its present analysis, and it is the analysis perhaps more than the rationale that is bankrupt. The analysis the Court employs under the clause is cabining innovate state and local programs, such as responses to climate change. The article, therefore, traces the dynamic nature of the dormant commerce clause, as well as how its modern formulation …
Expanding The Federal Common Law?: From Nomos & Physis And Beyond, Sam Kalen
Expanding The Federal Common Law?: From Nomos & Physis And Beyond, Sam Kalen
Sam Kalen Mr.
The Supreme Court’s recent decision in AEP v. Connecticut, as well as a prominent Seventh Circuit case last year, reflect an emerging effort to test the federal judiciary’s willingness to expand the federal common law to include claims for interstate pollution. There is an assumption, including by the Supreme Court, that a federal common law for public nuisance exists, and that the pressing question is whether to expand that common law. Building on existing scholarship and a more thorough review of the cases than has occurred in the past, this article attempts to prompt a searching dialogue about the jurisprudential …
Dormancy Versus Innovation: A Next Generation Dormant Commerce Clause, Sam Kalen
Dormancy Versus Innovation: A Next Generation Dormant Commerce Clause, Sam Kalen
Sam Kalen Mr.
The vitality of the dormant commerce clause is becoming increasingly suspect. Modern academic commentary questions the Supreme Court’s rationale for this negative aspect of the Commerce Clause. Yet the emphasis of the scholarship overlooks how our society has changed dramatically since the Court developed its present analysis, and it is the analysis perhaps more than the rationale that is bankrupt. The analysis the Court employs under the clause is cabining innovate state and local programs, such as responses to climate change. The article, therefore, traces the dynamic nature of the dormant commerce clause, how its modern formulation ignores societal changes …
Dormancy Versus Innovation: A Next Generation Dormant Commerce Clause, Sam Kalen
Dormancy Versus Innovation: A Next Generation Dormant Commerce Clause, Sam Kalen
Sam Kalen Mr.
The vitality of the dormant commerce clause is becoming increasingly suspect. Modern academic commentary questions the Supreme Court’s rationale for this negative aspect of the Commerce Clause. Yet the emphasis of the scholarship overlooks how our society has changed dramatically since the Court developed its present analysis, and it is the analysis perhaps more than the rationale that is bankrupt. The analysis the Court employs under the clause is cabining innovate state and local programs, such as responses to climate change. The article, therefore, traces the dynamic nature of the dormant commerce clause, how its modern formulation ignores societal changes …