He adhered to the "discrimination" test in dormant Commerce Clause doctrine
because it established a clear line that was relatively easy for courts to apply.
Rossum also praises Thomas for his change of heart on the so-called dormant Commerce Clause doctrine
, describing the Justice's decision in Camps Newfound/Owatonna v.
several problems, however, with dormant Commerce Clause doctrine
Specifically, the Supreme Court's reluctance to expand the dormant Commerce Clause doctrine
in recent preemption cases could bode well for 21st Amendment cases, he said.
Rather, Granholm and the dormant Commerce Clause doctrine
prohibit differential treatment of instate and out-of-state market participants.
Denning, Reconstructing the Dormant Commerce Clause Doctrine
, 50 Wm.
16) It is from this implied limitation inherent in the Constitution that the dormant Commerce Clause doctrine
This Note asserts that the Davis exemption for traditional government functions needlessly erodes the dormant Commerce Clause doctrine
disrupts dormant Commerce Clause doctrine
, implicitly overturning
In this Article, I argue that the alleged incoherence and unpredictability of the dormant Commerce Clause doctrine
(DCCD) is rooted in the Supreme Court's search, through the years, for a stable set of rules enabling it to distinguish permissible from impermissible state regulations of interstate commerce and commercial actors.
Constitution's Commerce Clause, (26) the dormant commerce clause doctrine
limits of the power of a state government to impair flee trade.
From that, the courts have developed the dormant commerce clause doctrine
, which holds that if Congress has not specifically permitted some form of interstate barrier to trade, that barrier should be considered unconstitutional unless some substantial, non-protectionist state interest is involved.