Topic
Commerce Clause
226 published works
Environmental Law Prof Blog
Tenth Circuit Holds that Colorado’s Renewable Energy Mandate Does Not Violate Dormant Commerce Clause
On July 13, the Tenth Circuit (Tymkovich, Ebel, Gorsuch) issued a decision in Energy and Environment Legal Institute v. Epel. In 2004, Colorado enacted a Renewable Energy Standard requiring Colorado…
Texas Employment Lawyer
An employer that works in several cities and countries and is in the shipping industry is an enterprise engaged in commerce under the FLSA.
By Eric P. Dama
“‘Commerce’ means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.’ Plaintiff's complaint alleges that Defendant itself has offices in…
The Public Finance Tax Blog
Supreme Court to City: Drop Dead
On October 30, 1975, The Daily News published one of the most famous headlines in American history – Ford to City: Drop Dead – to paraphrase President Ford’s refusal to…
SALT Shaker
Better Out than In: Texas Court Upholds Property Tax Assessment on Stored Natural Gas
By Olga Jane Goldberg and Open Weaver BanksA Texas court ruled that natural gas stored in an underground reservoir is subject to property tax, whether or not the gas is…
Supreme Court Update
Comptroller v. Wynne (13-485) and San Francisco v. Sheehan (13-1412)
Greetings, Court Fans! We're back with the two remaining decisions from Monday, Comptroller v. Wynne (13-485) and San Francisco v. Sheehan (13-1412), two split decisions featuring strange bedfellows. The Justices'…
Law & Economics Prof Blog
Like Spider-Man, Today’s Big Federalism Decision Arrived in Disguise
By BDG
Probably there is nothing I can do to convince you, reader, that you should be interested in today’s decision in Maryland v. Wynne. Not only is it a tax case,…
IP Intelligence
Ninth Circuit Draws Fine Line Around Fine Art Resale Royalties
By Dennis Cohen
In a partial victory for artists such as Chuck Close and the Sam Francis Foundation—and for other visual artists who sold early works for rent money before establishing their name…
SALT Shaker
Phone (Your Out-of-State) Home: Mississippi Court Declares Discriminatory Dividend Exclusion Statute is Unconstitutional
By Charles Capouet and Timothy Gustafson The Mississippi Chancery Court held that the state’s dividend exclusion statute is unconstitutional because it violates the Commerce Clause of the U.S. Constitution. The…
SALT Shaker
U.S. Supreme Court Sends 4-R Act Case Back to Lower Court for the Second Time
A day after issuing its decision in Direct Marketing Ass’n v. Brohl, the U.S. Supreme Court decided Alabama Department of Revenue v. CSX Transportation, Inc. The Court held that a…
ContractsProf Blog
Second Circuit Upholds District Court, Rejecting Indian Commerce Clause Claim
In The Otoe-Missouria Tribe of Indians v. N.Y. State, Dep't of Financial Services, the Second Circuit upheld the District Court's denial for a preliminary injunction sought by two Native American tribes…