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Full-Text Articles in Law
Do Your Job: Judicial Review Of Occupational Licensing In The Face Of Economic Protectionism, Nicole A. Weeks
Do Your Job: Judicial Review Of Occupational Licensing In The Face Of Economic Protectionism, Nicole A. Weeks
Vanderbilt Law Review
Despite efforts to challenge certain occupational licensing schemes as impermissibly driven by naked economic protectionism, federal appellate courts disagree on the legitimacy owed to the protectionist motivations that commonly prompt these regulations. To eliminate the current confusion, this Note advocates for the application of rational-basis-with-judicial-engagement review. The Supreme Court has demonstrated a willingness to engage in such analysis before-in both its animus jurisprudence over the past decades and more recently in its meticulous cost-benefit inquiry in Whole Woman's Health v. Hellerstedt-thereby weakening its claims of incompetence in evaluating the motivations of lawmakers. To avoid hindering the economic well being of …
Paris, Panels, And Protectionism: Matching Us Rhetoric With Reality To Save The Planet, Abbey Stemler, Scott Shackelford, Eric Richards
Paris, Panels, And Protectionism: Matching Us Rhetoric With Reality To Save The Planet, Abbey Stemler, Scott Shackelford, Eric Richards
Vanderbilt Journal of Entertainment & Technology Law
US rhetoric has not matched reality in the free trade or sustainability contexts, as may be seen by the ongoing debates surrounding a range of behaviors that violate international trade rules. The US government's failure to adhere to the rules that it was instrumental in crafting sets a particularly troubling precedent. These trade distortions reduce trust and respect among countries and undermine efforts to combat climate change. Simultaneously, we are witnessing a growing preference for "minilateral" agreements, as may be seen in the Obama Administration's push for the Trans-Pacific Partnership and US-EU Trade Pact. This trend is likely to continue …