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Articles 1 - 4 of 4
Full-Text Articles in Law
Kaiser Aetna V. United States, Lewis F. Powell Jr.
Kaiser Aetna V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz
The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz
Indiana Law Journal
No abstract provided.
State Environmental Protection Versus The Commerce Power, K. Dennis Sisk
State Environmental Protection Versus The Commerce Power, K. Dennis Sisk
University of Richmond Law Review
As commerce and industry have invaded once virgin lands and waters in an era of heightened environmental consciousness, increasing numbers of state legislatures have responded with strict environmental protection measures. Environmental protection is unquestionably a legitimate state interest, but such measures often impede the flow of interstate commerce. This article addresses the tension between state environmental protection statutes and the federal constitution's commerce clause. The essential thesis is that traditional commerce clause analysis has not been applied with sufficient sensitivity to adequately reconcile state environmental interests with federal commercial interests.
Hughes V. Oklahoma: The Court, The Commerce Clause, And State Control Of Natural Resources, Walter Hellerstein
Hughes V. Oklahoma: The Court, The Commerce Clause, And State Control Of Natural Resources, Walter Hellerstein
Scholarly Works
The Supreme Court's recent Commerce Clause opinions reflect an apparent effort to rationalize and modernize the analytical framework for delineating the implied restraints that the Clause imposes on state legislation. In the state tax field, the Court has articulated a coherent set of criteria controlling the validity of state taxes on interstate commerce and has discarded doctrine inconsistent with these standards. In the state regulatory context, the Court has likewise enunciated meaningful decisional principles governing the constitutionality of state regulations affecting interstate commerce and has applied them without substantial concern for their impact on its precedents of an earlier era. …