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Commerce Clause

226 published works

  1. SALT Shaker

    Rent a Car, Pay a Tax: Arizona Supreme Court Holds Surcharges on Car Rental Companies to be Constitutional

    By Eversheds Sutherland SALT, Hanish Patel

    The Supreme Court of Arizona held that local surcharges imposed on car rental companies did not violate the US Commerce Clause or the state constitution’s anti-diversion clause. The surcharges, enacted…

  2. SALT Insights

    Tempest in a Teapot? The Due Process Clause Implications of Kaestner Trust

    By Michael Bowen

    The two primary constitutional weapons used to combat the application of state tax laws are the Due Process Clause and the Commerce Clause.  That said, for decades Due Process Clause…

  3. Drug & Device Law

    First Amendment Pours Cold Water on Sugary Beverage Warning Law

    By Steven Boranian

    It is easy to articulate the core principle behind the First Amendment right to free speech:  The government can’t restrict what you say or make you say what the government…

  4. Agricultural Law and Taxation Blog

    Top Ten Agricultural Law and Tax Developments of 2018 – Numbers 6, 5 and 4

    By Roger McEowen

    OverviewThis week I continue the trek through the Top Ten ag law and tax developments of 2018 with the top six developments.  Today’s post goes through numbers six, five and…

  5. Alcohol Law Advisor

    7th Circuit Issues Lebamoff Opinion

    By Marc Sorini

    As you likely have read in the trade press already, on Wednesday, November 28, 2018, the US Court of Appeals for the Seventh Circuit issued its opinion in Lebamoff v.…

  6. Alcohol Law Advisor

    Recent Retailer Direct Shipping Opinion Illustrates Stakes in Upcoming Supreme Court Review

    By Marc Sorini

    The recent US District Court for the Eastern District of Michigan opinion strikes down a Michigan statue and authorizes out-of-state retailers to sell and ship wine directly to Michigan consumers.…

  7. The Public Finance Tax Blog

    It’s Unanimous – All Nine U.S. Supreme Court Justices Agree that Quill Corp. v. North Dakota was Wrongly Decided, and Five Vote to Overrule It in South Dakota v. Wayfair, Inc.

    By Michael Cullers

    Yes, you read that correctly.  On June 21, 2018, the United States Supreme Court handed down its decision in South Dakota v. Wayfair, Inc. [1]  (We’ve discussed the background to Wayfair here,…

  8. Agricultural Law and Taxation Blog

    State Taxation of Online Sales

    By Roger McEowen

    OverviewLast week, the U.S. Supreme Court, in South Dakota v. Wayfair, Inc., No. 17-494, 2018 U.S. LEXIS 3835 (U.S. Sup. Ct. Jun. 21, 2018), handed South Dakota a narrow 5-4…

  9. SALT Insights

    Overturning Quill: The Widespread Reach of the South Dakota v. Wayfair Decision

    By David Blum, Akerman Law

    Today, the U.S. Supreme Court issued its decision in South Dakota v. Wayfair, overturning Quill Corp. v. North Dakota, 504 U. S. 298 (1992) and National Bellas Hess, Inc. v.…

  10. PrawfsBlawg

    SCOTUS Term: Stare Decisis and Judge-Made Law

    By prawfsblawg@gmail.com

    Main Thursday, June 21, 2018SCOTUS Term: Stare Decisis and Judge-Made LawOne of this morning's more consequential Supreme Court decisions was South Dakota v. Wayfair, where the Supreme Court overruled its…