Topic
Commerce Clause
Posts
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ArticleVol. 100 · Iss. 6
The Judicial Assault on the Administrative State
Introduction The most substantial change in the United States Government has been the extraordinary growth and increased complexity of the United States Government itself.…
Joel Seligman -
NoteVol. 91 · Iss. 1
The Proper Meaning of “Proper”: Why the Regulation ofIntrastate, Non-CommercialSpecies Under the Endangered Species Act Is an Invalid Exercise of the Commerce Clause
This Note argues that the ESA‘s regulation of purely intrastate, non- commercial species is an invalid exercise of the Commerce Clause. Reviewing courts have…
Kevin Simpson -
ArticleVol. 91 · Iss. 1
How NFIB v. Sebelius Affects the Constitutional Gestalt
This Essay examines the effects of the Supreme Court‘s decision in National Federation of Independent Business v. Sebelius, in which the Court addressed the…
Lawrence B. Solum -
NoteVol. 98 · Iss. 3
It’s Five O’Clock Everywhere: A Framework for the Modernization of Time
This Note discusses existing legal procedures by which the current system of time could be modified to adapt to contemporary social changes and reduce…
Ryan Deal -
ArticleVol. 90 · Iss. 6
The Ancient Mariner of Constitutional Law: The Historical, Yet Declining Role of Navigability
“Navigability”—the degree to which a particular water body can be used by various boats and other watercraft—has a long, important history in federal constitutional…
Robert W. Adler