Topic
Interstate Commerce
116 published works
Food Safety News
Letter From The Editor: Commerce Clause
By Dan Flynn
There are no words that cause raw milk advocates more heartburn than these: "The Congress shall have Power ...To regulate Commerce with foreign nations, and among the several States, and…
Land Use Prof Blog
Fracking wastewater, earthquakes, and the stream of interstate commerce
Growing up in Ohio, I recall the chandelier in our dining room shaking occasionally when military planes from a nearby air base would fly too low. Now, it appears, chandeliers…
Federal Eminent Domain Blog
Balancing the Police Power Against Interstate Commerce
The North Platte Telegraph article discusses a point which has been lost throughout the argument regarding the proposed Keystone XL pipeline in Nebraska. The question is whether the State can…
PrawfsBlawg
Mandatory service hypothetical
Main Thursday, June 09, 2011Mandatory service hypotheticalOn the law and courts discussion email listserve Lief Carter just posted this hypothetical on mandatory service (I reprint it with his permission):Would anyone…
Truck Injury Lawyer Blog
Inter v. Intrastate Transportation under the FMCSR – Does Your Lawyer Know the Difference?
By Morgan Adams
I frequently see cases that make it clear the lawyers do not understand the term "intrastate" and "interstate" as used in the trucking industry. Probably because the terms are used in…
Wage & Hour - Developments & Highlights
Motor Carrier Exemption FLSA Class Action Defeated On Interstate Commerce Issue
The federal motor carrier exemption from overtime, 29 USC 213(b)(1), which applies to safety workers (e.g. drivers) engaged in interstate commerce, has been found to exempt Ray’s Trash Service, Inc.…
Personal Injury
Federal Motor Carrier Safety Regulations set minimum national safety standards for trucking
By Ken Shigley
The framers of the U. S. Constitution recognized in 1787 that no individual state could adequate deal with regulation of interstate commerce, so that was made one of the core…
Civil Procedure & Federal Courts Blog
Horizontal Federalism
By Civil Procedure & Federal Courts Blog
Minnesota Prof. Allan Erbsen recently posted an updated version of Horizontal Federalism on SSRN. It's definitely worth a read. The abstract follows: This Article constructs frameworks for analyzing federalism's undertheorized…
Marler Blog
FDA Brings Lawsuit Against Organic Pastures For Selling Raw Milk Across State Lines
The Capital Press reported today that the U.S. Justice Department filed suit (Here is Complaint) against McAfee in a U.S. district court Thursday, Nov. 20, claiming that he endangered public…
The Trademark Blog
New York Continues To Not Love Santa Barbara
NY State Dept of Economic Development v. I Love Santa Barbara (NDNY Dec 27 2007) (Appeal of TTAB decision denying NY's opposition to use of "I (Heart) Santa Barbara).