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Commerce Clause

227 published works

  1. The Appellate Strategist

    Illinois Supreme Court Holds Internet Sales Tax Preempted by Federal Statute

    By Kirk Jenkins

    On Friday morning, the Illinois Supreme Court handed down its opinion in one of its most high-profile pending cases. The Court held in Performance Marketing Association, Inc. v. Hamer that the…

  2. SALT Shaker

    Florida Trial Court Rejects Satellite Industry’s Discrimination Claims

    By Eversheds Sutherland SALT

    By Zachary Atkins and Douglas Mo A Florida trial court ruled that imposing different tax rates on cable and satellite television services did not violate the Commerce Clause or the…

  3. Constitutional Law Prof Blog

    Third Circuit Upholds Federal Prohibition on State-Licensed Gambling

    By Steven D. Schwinn

    The Third Circuit panel this week in NCAA v. Governor of New Jersey upheld the federal law prohibiting states from licensing sports gambling against a challenge that it exceeded congressional authority…

  4. Sentencing Law and Policy

    Second Circuit panel hints that SORNA might be subject to some Commerce Clause challenges

    By Douglas Berman

    Main September 3, 2013Second Circuit panel hints that SORNA might be subject to some Commerce Clause challenges A helpful reader alerted me to a notable Second Circuit panel opinion today…

  5. Energy Business Law

    In Upholding MISO Tariff, Seventh Circuit Declares In-State Renewable Preference Unconstitutional

    By McDermott Will & Emery

     by Ari Peskoe Buried in a court ruling that largely upholds challenged transmission-funding provisions of the Midwestern Independent System Operator (MISO) Open Access Transmission Tariff is a single sentence that…

  6. PropertyProf Blog

    Supreme Court Decides Water Law Case

    By propertyprof

    From SCOTUSblog:This morning Justice Sotomayor delivered the opinion for a unanimous Court in Tarrant Regional Water District v. Herrmann. The petitioner in this case, a Texas state agency responsible for…

  7. Environmental Law Prof Blog

    ATA v. City of Los Angeles: Ports, Trucks and the Market Participant Exception Take a Tour of the Supreme Court

    By Environmental Law Prof

    Back in mid-April I made my first visit to the Supreme Court of the United States, in order to hear oral argument in American Trucking Associations v. City of Los…

  8. Sixth Circuit Appellate Blog

    Busy Day Today for Legal Challenges To The Health Care Statute As The Sixth Circuit Issues A New Opinion And The Obama Administration Announces Proposed Shift in Policy

    By Steve Delchin

    Today has been an active day for legal challenges relating to the new health care statute.  To start things off, the Sixth Circuit earlier this morning rejected the latest constitutional…

  9. Constitutional Law Prof Blog

    District Court Upholds Federal Ban on Body Armor

    By ConLawProf initials at end of post

    Judge Thomas Johnston (WDWV) ruled in U.S. v. Mark that the federal ban on body armor possession by a convicted felon did not violate the Second Amendment or Due Process Clause,…

  10. Land Use Law Blog

    The Commerce Clause As A Sword To Challenge California’s Efforts To Curb Greenhouse Gas Emissions

    By Abbott & Kindermann, Inc.

    Will Commerce Clause challenges thwart California's efforts to reduce greenhouse gas emissions? In regards to the state's Low Carbon Fuel Standard, one U.S. District Court has already said "Yes."