Law Commons^™

Employment Law—Mandatory-Workplace Donning And Doffing—All In A Day's Work: A Review Of Gerber Products Company V. Hewitt, 2016 Ark. 222, 492 S.W.3d 856., Liz Harris

University of Arkansas at Little Rock Law Review

No abstract provided.

The Reaffirmation Of Federalism As A Viable Limitation Upon The Commerce Power, Randy R. Koenders

Akron Law Review

"Throughout its history, the constitutional basis of the FLSA has remained anchored in the Commerce Clause. However, despite the legitimacy of that purpose, the FLSA has been the subject of constant attacks since its inception, the most fervent of which has been the challenge to its constitutionality on state sovereignty grounds.

"Two recent United States Supreme Court cases construing the constitutionality of the FLSA and its amendments reflect not only the changing judicial posture toward extension of the Act to matters of state concern, but also the differing attitudes toward extension of the Commerce Clause itself."

The Reaffirmation Of Federalism As A Viable Limitation Upon The Commerce Power, Randy R. Koenders

Akron Law Review

AS THE Constitution was being formulated, Article I, Section 8, clause 3, giving Congress the power "To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes," was added because of the Framers' grave concern with the erection of trade barriers between the states, a problem which had inhibited interstate trade under the old Articles of Confederation. The federal government's regulation of commerce was meant to provide substantial equality of access to a free national market, avoiding what has been unhappily referred to as "the intolerable experience of the economic Balkanization of America

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 …