The Economic Foundation Of The Dormant Commerce Clause

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The Economic Foundation of the Dormant Commerce Clause

Author : Michael S. Knoll
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Economic Foundation of the Dormant Commerce Clause by : Michael S. Knoll

Download or read book The Economic Foundation of the Dormant Commerce Clause written by Michael S. Knoll and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Last Term, a sharply divided Supreme Court decided a landmark dormant Commerce Clause case, Comptroller of the Treasury of Maryland v. Wynne. Wynne represents the Court's first clear acknowledgement of the economic underpinnings of one of its main doctrinal tools for resolving tax discrimination cases, the internal consistency test. In deciding Wynne, the Court relied on economic analysis we provided. This Essay explains that analysis, why the majority accepted it, and why the dissenters' objections to the majority's reasoning miss their mark. Essential to our analysis and the Court's decision in Wynne is the idea that states are capable of discriminating not only on an inbound basis, but also on an outbound basis, and that the Commerce Clause prohibits discrimination on either basis. To aid in explicating our position, this Essay introduces the term “retentionism” as an analogue to protectionism. Whereas taxes or regulations are protectionist when they discourage outsiders from engaging in economic activities within a state, taxes or regulations are retentionist when then discourage in-state economic actors from engaging in out-of-state activities. As we show, the tax struck down in Wynne was both protectionist and retentionist.

Constitutional Law

Author : Dan T. Coenen
Publisher :
ISBN 13 :
Total Pages : 420 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutional Law by : Dan T. Coenen

Download or read book Constitutional Law written by Dan T. Coenen and published by . This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Commerce Clause

Author : LandMark Publications
Publisher : Independently Published
ISBN 13 : 9781093850642
Total Pages : 552 pages
Book Rating : 4.8/5 (56 download)

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Book Synopsis The Commerce Clause by : LandMark Publications

Download or read book The Commerce Clause written by LandMark Publications and published by Independently Published. This book was released on 2019-04-16 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Another Pin Falls

Author : Jorge M. Farinacci Fernós
Publisher :
ISBN 13 :
Total Pages : 90 pages
Book Rating : 4.:/5 (856 download)

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Book Synopsis Another Pin Falls by : Jorge M. Farinacci Fernós

Download or read book Another Pin Falls written by Jorge M. Farinacci Fernós and published by . This book was released on 2013 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Environmental Commerce Clause

Author : Christine A. Klein
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Environmental Commerce Clause by : Christine A. Klein

Download or read book The Environmental Commerce Clause written by Christine A. Klein and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1995, the U.S. Supreme Court shocked the legal community when it constrained the scope of the affirmative commerce power of Congress in United States v. Lopez. The Court further narrowed the view of federal commerce authority in two subsequent opinions, which together require that when Congress seeks to regulate a wholly intrastate activity on the basis of its substantial effects upon interstate commerce, the activities themselves must be economic or commercial in nature. In contrast to the contracting scope of the affirmative commerce clause, the Court had begun to expand the dormant commerce clause. This article analyzes the relationship between the affirmative and dormant aspects of the commerce clause, and their effect on the federal regulation of natural resources-an inquiry this article labels the "environmental commerce clause." This study supports two principal conclusions. First, the modern Court has been consistently hostile to environmental regulation. Second, there exists a subtle inconsistency between the Court's affirmative and dormant clause analyses.

The Delicate Balance

Author : Adam D. Thierer
Publisher :
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Delicate Balance by : Adam D. Thierer

Download or read book The Delicate Balance written by Adam D. Thierer and published by . This book was released on 1999 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Living Originalism

Author : Jack M. Balkin
Publisher : Harvard University Press
ISBN 13 : 0674063031
Total Pages : 481 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Living Originalism by : Jack M. Balkin

Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Major Uses of Land in the United States, 1987

Author : Arthur Berry Daugherty
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Major Uses of Land in the United States, 1987 by : Arthur Berry Daugherty

Download or read book Major Uses of Land in the United States, 1987 written by Arthur Berry Daugherty and published by . This book was released on 1991 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Redefining Federalism

Author : Douglas T. Kendall
Publisher : Environmental Law Institute
ISBN 13 : 1585760862
Total Pages : 175 pages
Book Rating : 4.5/5 (857 download)

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Book Synopsis Redefining Federalism by : Douglas T. Kendall

Download or read book Redefining Federalism written by Douglas T. Kendall and published by Environmental Law Institute. This book was released on 2004 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.

The Health Care Case

Author : Nathaniel Persily
Publisher : Oxford University Press, USA
ISBN 13 : 0199301050
Total Pages : 401 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Health Care Case by : Nathaniel Persily

Download or read book The Health Care Case written by Nathaniel Persily and published by Oxford University Press, USA. This book was released on 2013-07-04 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.

Geopolitical Risk, Sustainability and “Cross-Border Spillovers” in Emerging Markets, Volume I

Author : Michael I. C. Nwogugu
Publisher : Springer Nature
ISBN 13 : 3030714152
Total Pages : 401 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Geopolitical Risk, Sustainability and “Cross-Border Spillovers” in Emerging Markets, Volume I by : Michael I. C. Nwogugu

Download or read book Geopolitical Risk, Sustainability and “Cross-Border Spillovers” in Emerging Markets, Volume I written by Michael I. C. Nwogugu and published by Springer Nature. This book was released on 2021-08-30 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic recessions, social networks, environmental damage in several large countries (eg. China, Brazil, U.S.), the Global Financial Crisis of 2007-2015 and cross-border spillovers continue to significantly affect economic systems, financial markets, social structures and environmental compliance worldwide. These have rekindled economists’ and policy-makers’ interest in the relationships among constitutions, risk regulation, foreign aid, political systems, government size, credit expansion and sustainable growth. Risk regulation remains highly ineffective as manifested by the failures of new financial regulations and government stimulus programs that were implemented during 2007-2020 in many developed countries and emerging markets countries. This book, the first of two volumes, addresses these issues in the context of the role of constitutional economics and economic psychology as tools for national and global sustainable growth and risk management. Furthermore, this volume analyzes the often symbiotic relationship between alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents on one hand, and sustainable growth, financial regulation and the risk management of financial institutions on the other; and reviews the effects of constitutions and legal institutions on market dynamics (real estate; fixed-income, stocks; etc.) including volatility, market depth and liquidity. This book will help researchers develop better artificial intelligence and decision-systems models of geopolitical risk, public policy and international capital flows, all of which are increasingly relevant to investment managers, boards-of-directors and government officials.

Taxation and Democracy

Author : Sven Steinmo
Publisher : Yale University Press
ISBN 13 : 9780300067217
Total Pages : 304 pages
Book Rating : 4.0/5 (672 download)

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Book Synopsis Taxation and Democracy by : Sven Steinmo

Download or read book Taxation and Democracy written by Sven Steinmo and published by Yale University Press. This book was released on 1993-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the structure, politics and historic development of taxation in several countries, this book compares three quite different political democracies. It provides an account of the ways these democracies have financed their welfare programs despite w

Towards a Neutral Formulary Apportionment System in Regional Integration

Author : Shu-Chien Chen
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532963
Total Pages : 471 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Towards a Neutral Formulary Apportionment System in Regional Integration by : Shu-Chien Chen

Download or read book Towards a Neutral Formulary Apportionment System in Regional Integration written by Shu-Chien Chen and published by Kluwer Law International B.V.. This book was released on 2023-03-09 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: International tax regimes and practices are heavily criticized for failing to fairly levy corporate tax on giant multinational taxpayers in the current globalized and digitalized world. This important and far-seeing book demonstrates how formulary apportionment (FA) – an approach by which a multinational corporation pays each jurisdiction’s corporate tax based on the share of its worldwide income allocated to that jurisdiction – can achieve the much-sought goal of aligning value creation and taxation. The author, through an intensive analysis of the European Union’s (EU’s) Common Consolidated Corporate Tax Base (CCCTB) Directive Proposal(s) and comparison to the United States (US’s) formulary apportionment experience, shows how the perceived problems with an FA system can be overcome and lays out the necessary elements for its feasibility. With detailed attention to the debates around formulary apportionment and its theoretical foundations, the book provides a blueprint for rebuilding the normative framework for the EU’s tax reform by clearly analysing the implications of the following and more: theorising public benefits to be represented by taxation; reorganising different economic theories about tax neutrality and tax justice; advancing the comparative legal research methodology to analyse law reform by combining the functional approach and the problem-solving approach; designing the logical formulary apportionment system for digital economy; ensuring the removal of the incentive for multinationals to shift reported income to low-tax locations; reducing the tax system’s complexity and the administrative burden it imposes on firms; eliminating transfer pricing complexity for intra-firm transactions; achieving equal weighting of the sales factor, the labour factor, and the asset factor in the formula; application of ‘destination-based’ rule for attributing the sales factor; and replacing the traditional permanent establishment nexus with a ‘factor presence nexus’. The presentation incorporates extensive comparison between the EU’s formulary apportionment tax reform option and FA systems existing in the United States (US) at state level, including reference to relevant US case law and legislation. As a possible option to address the problem of base erosion and profit shifting (BEPS), formulary apportionment is gaining increasing acceptance and attention. This book will prove invaluable to taxation authorities, tax practitioners, and scholars in its deeply informed and systematic guidance on good practices and prevention of problematic experiences in establishing and implementing an effective and market-neutral FA system.

The Law and Economics of Federalism

Author : Jonathan Klick
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433605
Total Pages : 279 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Law and Economics of Federalism by : Jonathan Klick

Download or read book The Law and Economics of Federalism written by Jonathan Klick and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique volume takes a primarily empirical perspective on the law and economics of federalism. Using cross jurisdiction variation, the specially commissioned chapters examine the effects of various state experiments in areas such as crime, welfare, consumer protection, and a host of other areas. Although legal scholars have talked about states as laboratories for decades, rarely has the law and economics literature treated the topic of federalism empirically in such a systematic and useful way.

Doing Business in 2004

Author : Simeon Djankov
Publisher : World Bank Publications
ISBN 13 : 9780821353417
Total Pages : 222 pages
Book Rating : 4.3/5 (534 download)

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Book Synopsis Doing Business in 2004 by : Simeon Djankov

Download or read book Doing Business in 2004 written by Simeon Djankov and published by World Bank Publications. This book was released on 2004 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: A co-publication of the World Bank, International Finance Corporation and Oxford University Press

Our Republican Constitution

Author : Randy E. Barnett
Publisher : HarperCollins
ISBN 13 : 0062412302
Total Pages : 226 pages
Book Rating : 4.0/5 (624 download)

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Book Synopsis Our Republican Constitution by : Randy E. Barnett

Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

The Constitution as Political Structure

Author : Martin H. Redish
Publisher : Oxford University Press, USA
ISBN 13 : 0195070607
Total Pages : 240 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis The Constitution as Political Structure by : Martin H. Redish

Download or read book The Constitution as Political Structure written by Martin H. Redish and published by Oxford University Press, USA. This book was released on 1995 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely down-played. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. The Constitution as Political Structure emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory. In its exposition of the textual and theoretical rationales for judicial enforcement of the structural values embodied in the Constitution, this book presents a principled alternative to the extremes of judicial abdication articulated by certain scholars and Justices on the one hand, and the result-oriented ideological involvement advocated in some quarters on the other. This work will be of great interest to scholars of law and political science.