Topic
Commerce Clause
226 published works
North Carolina Appellate Practice Blog
Law School and Bar Exam Flashbacks: The Commerce Clause, the Contract Clause, and Constitutionality
As this Blog is intended to highlight issues germane to appellate practice in our state and federal courts, our posts about decisions from the North Carolina Court of Appeals are…
PropertyProf Blog
Adler on the Doctrine of Navigability
By propertyprof
Robert Adler (Utah) has posted The Ancient Mariner of Constitutional Law: The Declining Role of Navigability (Washington University Law Review) on SSRN. Here's the abstract:For the first time in three…
Constitutional Law Prof Blog
Federal Cockfighting Prohibition Survives Commerce Clause and Equal Protection Challenge
By ConLawProf initials at end of post
In two opinions issued today - - - United States v. Lawson and United States v. Gilbert - - - the Fourth Circuit has upheld the federal prohibition against animal fighting,…
Health Law Prof Blog
Conservative Justices and the Individual Mandate
After reading the questions posed at yesterday's oral argument, one is left with a sense that the conservative justices need to close some serious gaps in their logic. While the…
Constitutional Law Prof Blog
Skeptical Court Hears Arguments on Minimum Coverage, Individual Mandate
By ConLawProf initials at end of post
The Supreme Court today heard oral argument in the congressional authority portion of the challenge to the Affordable Care Act--whether Congress had authority under the Commerce Clause or its taxing…
The Faculty Lounge
There Really Is No There There
While I agree with Calvin Massey that Linda Greenhouse could have articulated the case in favor of the individual mandate more effectively, I think she’s correct in her bottom line…
The Faculty Lounge
Greenhouse on Obamacare
Linda Greenhouse writes in the "Opinionater" on-line column of the New York Times that the case against the constitutional validity of the Affordable Care Act (more widely known as Obamacare)…
Environmental and Climate
AB 32 Low Carbon Fuel Standard Found Unconstitutional; Other Climate Change Regulations Could Be Next
In Rocky Mountain Farmers Union v. Goldstene (Case no. CV-F-09-2234), the U.S. District Court for the Eastern District granted summary judgment in favor of a group of farming and oil-industry…
Constitutional Law Prof Blog
Opening Briefs Filed in Health Reform Challenge
By ConLawProf initials at end of post
Parties today filed opening briefs in the cases challenging the federal Affordable Care Act, now before the Court. We covered the Court's grant and argument schedule here.The government filed its…
The Contingency
Wickard v. Filburn Decides Seven-Sky v. Holder
As our oil-and-gas trial prepares to drill into day eight, Blawgletter pauses to reflect on events outside DeRidder, Louisiana, the charming and friendly seat of Beauregard Parish. The news that most caught our eye involves…