All Articles tagged Commerce Clause

• General
  October 15, 2024 EDT
  MAKING WAYFAIR WAY-FAIRER
  Noah Chase

  This Student Note examines the Wayfair decision within SCOTUS sales tax jurisprudence, recent state tax laws, and a framework for sales taxes complying with the Commerce Clause and Due Process.

• General
  January 01, 2013 EDT
  THE BUTT STOPS HERE: THE TOBACCO CONTROL ACT‘S ANTI-SMOKING REGULATIONS RUN AFOUL OF THE FIRST AMENDMENT
  Danielle WeatherbyTerri R. Day

  This article argues that the government cannot achieve its interest in preventing smoking by requiring tobacco companies to adopt and express the government's subjective message.

• General
  January 01, 2013 EDT
  HEALTH REFORM AND THE SUPREME COURT: THE ACA SURVIVES THE BATTLE OF THE BROCCOLI AND FORTIFIES ITSELF AGAINST FUTURE FATAL ATTACK
  Alicia Ouellette

  This article describes the ACA and then argues that NFIB is likely to play a critical role if and when the Supreme Court considers the ACA‘s contraception mandate.

• General
  January 01, 2012 EDT
  INDIAN TRIBAL SOVEREIGNTY—CURRENT ISSUES
  David M. SchraverDavid H. Tennant

  This article addresses current concepts of tribal sovereignty as articulated by the Supreme Court and by tribal advocates who vehemently disagree with the high court‘s rulings.

• General
  January 08, 2009 EDT
  INDIAN COUNTRY IN CYBER SPACE: BELLA HESS AND COMMERCE CLAUSE CONSTRAINTS ON INTERSTATE, MAIL-ORDER TRANSACTIONS
  Ben Fenner

  This article considers the states' ability to tax Internet transactions originating on reservations.

• General
  March 03, 2007 EDT
  REGULATING LITIGATION UNDER THE PROTECTION OF LAWFUL COMMERCE IN ARMS ACT: ECONOMIC ACTIVITY OR REGULATORY NULLITY?
  Jenny Miao Jiang

  As the economic or non-economic activity distinction is of central importance to the Commerce Clause analysis, this article attempts to construct a coherent framework to define this term.