Nebraska's Corporate-Farming Law and Discriminatory Effects under the Dormant Commerce Clause

The Dormant Commerce Clause and State Regulation of the Internet: Are Laws Protecting Minors from Sexual Predators Constitutionally Different than Those Protecting Minors from Sexually Explicit Materials?

Several states have enacted statutes to protect minors from harmful or obscene materials disseminated over the Internet, as well as from pedophiles seeking to use the Internet to lure them into sexual conduct. State and federal courts have diverged in their analysis of the Dormant Commerce Clause’s impact on state regulation in these areas. While state courts have held that the Dormant Commerce...

Expressive Theories of Law: a General Restatement

INTRODUCTION ............................................................................. 1504 I. EXPRESSIVE THEORIES OF REASON AND ETHICS IN GENERAL ... 1506 A. The Concept ofExpression ..................................................... 1506 B. Expressive Theories of Individual Conduct ............................. 1508 II. EXPRESSION AND COLLECTIVE ACTION ....................................

Old Whine in a New Battle: Pragmatic Approaches to Balancing the Twenty-First Amendment, the Dormant Commerce Clause, and the Direct Shipping of Wine

This Note examines the tension between the Twenty-First Amendment to the United States Constitution and the Dormant Commerce Clause, with respect to state regulations governing of out-of-state direct shipment of wine to consumers. The Constitution is not clear about where the boundaries of the Commerce Clause lie when Congress has not explicitly addressed an issue. This Note first recognizes th...

The Economic Foundation of the Dormant Commerce Clause

Borrowing from Dormant Commerce Clause Doctrine in Analyzing Abortion Clinic Regulations.