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The Market Participant Test In Dormant Commerce Clause Analysis—Protecting Protectionism?, Richard H. Seamon
The Market Participant Test In Dormant Commerce Clause Analysis—Protecting Protectionism?, Richard H. Seamon
Duke Law Journal
The Supreme Court's traditional analysis of state actions under the dormant commerce clause 1 has undergone two important modifications over the past decade. 2 In the first, the Court established a rule under which certain state actions that are within the scope of the dormant commerce clause may be deemed per se invalid, without inquiry into the extent to which the challenged state action burdens interstate commerce or furthers legitimate local objectives. 3 In the second, the Court fashioned a threshold inquiry to determine whether state action constitutes "market participation," 4 in which case it lies outside the scope of …
Fdr’S Court-Packing Plan: A Second Life, A Second Death, William E. Leuchtenburg
Fdr’S Court-Packing Plan: A Second Life, A Second Death, William E. Leuchtenburg
Duke Law Journal
The story of Franklin D. Roosevelt's Court-packing plan is a twice-told tale. 1 Every history of America in the twentieth century recounts the familiar chronicle -- that in February of 1937, FDR, in response to a series of decisions striking down New Deal laws, asked Congress for authority to add as many as six Justices to the Supreme Court, only to be outwitted by the Court itself when Chief Justice Charles Evans Hughes demonstrated that Roosevelt's claim that the Court was not abreast of its docket was spurious; when the conservative Justice Willis Van Devanter retired, thereby giving the President …