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Author: Felix Frankfurter Publisher: UNC Press Books ISBN: 1469632446 Category : Law Languages : en Pages : 106
Book Description
The power of the commerce clause touches most intimately the relations between government and economic enterprises, and the process by which the conflicting claims of the nation and states are mediated through the Supreme Court is of continuing interest. This study is a clear exposition of the various interpretations of the commerce clause under three great chief justices. Originally published in 1937. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author: Felix Frankfurter Publisher: UNC Press Books ISBN: 1469632446 Category : Law Languages : en Pages : 106
Book Description
The power of the commerce clause touches most intimately the relations between government and economic enterprises, and the process by which the conflicting claims of the nation and states are mediated through the Supreme Court is of continuing interest. This study is a clear exposition of the various interpretations of the commerce clause under three great chief justices. Originally published in 1937. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author: Dan T. Coenen Publisher: ISBN: Category : Constitutional law Languages : en Pages : 420
Book Description
Professor Coenenâe(tm)s treatment of the Commerce Clause broadly explores the division of powers between federal and state lawmaking authorities and considers alternative sources of federal power, particularly under the Taxing and Spending Clauses, as well as constitutionally inspired rules of statutory interpretation crafted by the Court to protect federalism values.
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) Publisher: ISBN: 9781680923025 Category : Languages : en Pages : 180
Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author: James T. O'Reilly Publisher: American Bar Association ISBN: 9781590317440 Category : Law Languages : en Pages : 252
Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author: LandMark Publications Publisher: Independently Published ISBN: 9781093850642 Category : Languages : en Pages : 552
Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply Commerce Clause doctrine. * * * Implicit in the constitutional allocation of the "Power ... To regulate Commerce ... among the several States," U.S. Const. art. I, § 8, cl. 3, to the federal government is a corollary "constraint on the power of the States to enact legislation that interferes with or burdens interstate commerce." Brown v. Hovatter, 561 F.3d 357, 362 (4th Cir. 2009). This doctrine, known as the "dormant" commerce clause, "is driven by concern about economic protectionism" and seeks to prevent state "regulatory measures designed to benefit in-state economic interests by burdening out-of-state competitors." Id. at 363 (quoting Dep't of Revenue of Ky. v. Davis, 553 U.S. 328, 337-38, 128 S.Ct. 1801, 170 L.Ed.2d 685 (2008)). * * * The principle against extraterritoriality as it relates to the dormant commerce clause is derived from the notion that "a State may not regulate commerce occurring wholly outside of its borders." Star Sci., Inc. v. Beales, 278 F.3d 339, 355 (4th Cir. 2002) (citing Healy v. Beer Inst., 491 U.S. 324, 335-36, 109 S.Ct. 2491, 105 L.Ed.2d 275 (1989); Brown-Forman Distillers Corp. v. N.Y. State Liquor Auth., 476 U.S. 573, 582-83, 106 S.Ct. 2080, 90 L.Ed.2d 552 (1986); Edgar v. MITE Corp., 457 U.S. 624, 642-43, 102 S.Ct. 2629, 73 L.Ed.2d 269 (1982) (plurality opinion)). The principle "reflect[s] the Constitution's special concern both with the maintenance of a national economic union unfettered by state-imposed limitations on interstate commerce and with the autonomy of the individual States within their respective spheres." Healy, 491 U.S. at 335-36, 109 S.Ct. 2491 (footnote omitted). A state law violates the extraterritoriality principle if it either expressly applies to out-of-state commerce, see Carolina Trucks & Equip., Inc. v. Volvo Trucks of N. Am., Inc., 492 F.3d 484, 491-92 (4th Cir. 2007), or has that "practical effect," regardless of the legislature's intent, Star Sci., 278 F.3d at 355. Association for Accessible Medicines v. Frosh, 887 F. 3d 664 (4th Cir. 2018)
Author: Felix Frankfurter
Author: Felix Frankfurter
Author: Dan T. Coenen
Author: Ezra Parmalee Prentice
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Author: James T. O'Reilly
Author: Karl Knox Gartner
Author: Frederick Hale Cooke
Author: LandMark Publications
Author: Bernard C. Gavit
Author: John W. Walsh