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Commerce Clause

226 published works

  1. Constitutional Law Prof Blog

    Health Insurance Mandate: “Commerce” or “Tax”?

    By ConLawProf initials at end of post

    The Obama administration switched its position on the individual health insurance mandate and now claims that it is a "tax," according to the New York Times in a provocatively titled…

  2. Constitutional Law Prof Blog

    Government Defends Individual Health Insurance Mandate

    By ConLawProf initials at end of post

    The Justice Department last week filed its first defense of the new health insurance mandate in federal court.  The government responded to the plaintiffs' motion for a preliminary injunction in…

  3. Renewable + Law

    TransCanada challenges Massachusetts RPS

    By William H. Holmes

    Stoel Rives litigation partners Beverly Pearman and Jeremy Sacks have prepared the following report on TransCanada’s recent challenge to the Massachusetts RPS: On April 16, 2010, TransCanada Power Marketing, Ltd.…

  4. The Right Coast

    Randy Barnett on constitutionality of HCR Tom Smith

    By Thomas A. Smith

    Here.FWIW I view the regulation of inactivity under the commerce clause as outrageously unconstitutional -- that is, you mandate that individuasl buy insurance or else pay a fine or fee.…

  5. Securities Law Prof Blog

    Subramanian et al. on the Constitutionality of Delaware’s Antitakeover Statute

    By Securites Lawprof

    Is Delaware's Antitakeover Statute Unconstitutional? Evidence from 1988-2008, by Guhan Subramanian, Harvard Business School; Steven Herscovici, Analysis Group, Inc.; and Brian Barbetta, Analysis Group, Inc., was recently posted on SSRN. …

  6. Constitutional Law Prof Blog

    The Constitutionality of the current Health Care proposal

    By ConLawProf initials at end of post

        On Saturday, the Washington Post ran an op-ed by attorneys David Rivkin and Lee Casey that challenged the constitutionality of the current health care reform proposals.  The authors conclude that…

  7. Constitutional Law Prof Blog

    What Judge Sotomayor Didn’t Say about Congress’s Unenumerated Powers

    By ConLawProf initials at end of post

    Judge Sotomayor offered her thoughts about congressional authority, the Tenth Amendment, and enumerated powers in this written exchange with Senator Coburn:How do you reconcile the tension between an enumerated power,…

  8. Constitutional Law Prof Blog

    Wisconsin Diploma Privilege and the Dormant Commerce Clause

    By ConLawProf initials at end of post

    As most readers are aware, Wisconsin is the only state in the union with a "diploma privilege," which means a graduate from a Wisconsin law school is automatically admitted to…

  9. Surf and Turf Law

    Illegal Fees and the U.S. Constitution – 2nd Circuit Strikes Down Fee Under Commerce and Tonnage Clauses

    By Mark M. Murakami

    Proponents of the Hawaii Invasive Species Assessment should monitor recent developments in tonnage and commerce clause litigation.  The Second Circuit Court of Appeals recently struck down a fee on passengers…

  10. Constitutional Law Prof Blog

    Ninth Circuit Commerce Clause Case

    By ConLawProf initials at end of post

    In the off-chance that you've not yet written your exam (or if you are looking for commerce clause fact patterns for next semester), a case issued by the Ninth Circuit -…