Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Old Whine In A New Battle: Pragmatic Approaches To Balancing The Twenty-First Amendment, The Dormant Commerce Clause, And The Direct Shipping Of Wine , Gordon Eng
Fordham Urban Law Journal
This Note examines the tension between the Twenty-First Amendment to the United States Constitution and the Dormant Commerce Clause, with respect to state regulations governing of out-of-state direct shipment of wine to consumers. The Constitution is not clear about where the boundaries of the Commerce Clause lie when Congress has not explicitly addressed an issue. This Note first recognizes the importance of history with respect to the Twenty-First Amendment. It further examines recent court decisions, identifying four approaches taken by federal courts to address this issue and the distinguishing factors that influence the courts' final holdings. Finally, this Note offers …
Examining The Lautenberg Amendment In The Civilian And Military Contexts: Congressional Overreaching, Statutory Vagueness, Ex Post Facto Violations, And Implementation Flaws, Jessica A. Golden
Fordham Urban Law Journal
The Lautenberg Amendment to the Gun Control Act of 1968 was passed in 1996 with the purpose of preventing gun-related domestic violence. The Lautenberg Amendment's passage raises unique commerce clause issues, and the amendment is possibly unconstitutional. Part I of the article examines the Commerce Clause (and Tenth Amendment) challenges to the Lautenberg Amendment. It provides the history of cases thus far failing to successfully challenge the constitutionality of the Lautenberg Amendment. It then discusses the Supreme Court's decision in Morrison v. Olson, that struck down the civil remedies provision of the Violence Against Women Act as a violation of …
The Essential Governmental Function After National League Of Cities: Impact Of An Essentiality Test On Commuter Rail Transportation , Sharon A. Souther
The Essential Governmental Function After National League Of Cities: Impact Of An Essentiality Test On Commuter Rail Transportation , Sharon A. Souther
Fordham Urban Law Journal
The Supreme Court of the United States held in National League of Cities v. Usery that Congress had exceeded its powers under the commerce clause by enacting the 1974 amendment to the Fair Labor Standards Act. The reasoning behind the decision was that Congress was prohibited from using the commerce clause in areas which states were considered to be performing an essential government function. Because the Supreme Court did not explain precisely what is considered an essential government function, courts have been forced to make case-by-case determinations in deciding these types of cases. One area were these issues are brought …