Topic
Commerce Clause
226 published works
SALT Shaker
SALT discrimination under the ‘affirmative’ Commerce Clause
The principle of nondiscrimination plays a pivotal role in the field of state and local taxation. Discriminatory taxes are said to deter cross-border activity, distort competitive neutrality, and hinder economic…
Green Leaf Brief
Maybe You Can Play In the Sandbox If You Don’t Live in the Neighborhood
By Douglas W. Charnas, McGlinchey
Have Marijuana Residency Licensure Requirements Gone Up In Smoke? For a variety of reasons, many states that have legalized recreational or medical marijuana have imposed residency requirements throughout their regulatory…
PrawfsBlawg
First Amendment Roe-ism? (Updated)
Main Saturday, June 25, 2022First Amendment Roe-ism? (Updated)Gerard asks a good question. I discussed a similar question after the draft leaked. Let me try another pass.Lochner is more than an…
The Daily Intake
U.S. Government Files Amicus Brief in Prop 12 Case
As previously reported, on March 28, 2022, the U.S. Supreme court granted a Writ of Certiorari petition submitted by the National Pork Producers Council (NPPC) and the American Farm Bureau…
Libation Law Blog
In wine retailer shipping case, 4th Circuit panel splits over proper test for Twenty-first Amendment dormant Commerce Clause challenges and interpretation of holdings in Granholm and Tennessee Wine. Bonus: we have the briefs and appendix for you.
Judge Friendly often proved the power of an articulate and well-reasoned dissent. His dissents led to Supreme Court review, en banc consideration, and future policy and precedent. Judge Wilkinson has…
21st Century Taxation
30th Anniversary of Quill Decision
On May 26, 1992, the U.S. Supreme Court issued its opinion in Quill Corp. v. North Dakota (504 US 298). This was a significant nexus ruling modifying the earlier National…
Health Law Prof Blog
Nfib V. Sebelius, the Commerce Clause and Activity/Inactivity
David Drachsler (Independent), Nfib V. Sebelius, the Commerce Clause and Activity/Inactivity, SSRN (2021):There has been considerable disagreement among courts and legal commentators whether Chief Justice Roberts’ Commerce Clause discussion in…
The Daily Intake
Supreme Court to Review California Prop 12
On Monday, March 28th, the U.S. Supreme Court granted a Writ of Certiorari petition submitted by the National Pork Producers Council (NPPC) and the American Farm Bureau Federation (AFBF) in…
Consumer Finance Monitor
Third Circuit holds application of PA usury law to auto title loans made to PA residents at out-of-state locations does not violate Commerce Clause
By Burt M. Rublin, Mark J. Levin
The U.S. Court of Appeals for the Third Circuit recently ruled that the application of Pennsylvania usury laws to auto title loans made to Pennsylvania residents who travel outside of…
The Right Coast
California Is Making Bacon More Expensive – WSJ
Pork producers and retailers have sued to block Proposition 12, which they argue is an extraterritorial regulation that violates the Supreme Court s dormant Commerce Clause doctrine. The court has…