Search for: "State Tonnage Tax Cases" Results 1 - 20 of 26
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30 Jul 2010, 12:52 pm by Lawrence Solum
Jensen (Case Western Reserve University School of Law) has posted Quirky Constitutional Provisions Matter: The Tonnage Clause, Polar Tankers, and State Taxation of Commerce on SSRN. [read post]
26 Jun 2009, 10:14 am
Justice Breyer, writing for the majority, asserted that this tax violated the Tonnage Clause, which forbids a "State… without the consent of Congress, to lay any duty of Tonnage. [read post]
26 Jun 2009, 10:14 am
Justice Breyer, writing for the majority, asserted that this tax violated the Tonnage Clause, which forbids a "State… without the consent of Congress, to lay any duty of Tonnage. [read post]
11 Jul 2024, 10:39 pm by Josh Blackman
"Tonnage" is a particular kind of custom imposed on ship cargoes, either on import or export. [read post]
22 Jun 2009, 2:04 am
City of Valdez, AlaskaCONSTITUTIONAL LAW - Tonnage"A municipal ordinance that imposes a personal property tax on certain boats and vessels, which contains exceptions that, in effect, largely limit its applicability to large oil tankers, violates the Constitution's Tonnage Clause, Art. [read post]
31 Mar 2009, 1:06 pm
This case stems from a tax enacted by Valdez, Alaska, which is located on Prince William Sound at the south end of the Trans-Alaska Pipeline System. [read post]
23 Nov 2022, 7:37 am by Sasha Volokh
The Act imposed a 15% tax on coal, but provided that, if a producer accepted the Bituminous Coal Code, he would get a 90% rebate of that tax. [read post]
22 Apr 2015, 7:12 pm by Calvin Massey
Earle, in which the Court upheld a Maryland tax of 10% of the oyster shells taken by harvesters in Maryland waters. [read post]
12 Dec 2008, 7:04 pm
The Alaska Supreme Court upheld the tax, rejecting arguments that it violated a constitutional clause that bars taxes on vessels merely for the privilege of using a port (the Tonnage Cluase), as well as other constitutonal protections. [read post]
7 Jan 2011, 12:34 pm by Mark Murakami
  This was a case that involved a little litigated Constitutional clause, the prohibition on State assessment of duties on tonnage. [read post]
15 Aug 2011, 3:00 am by Peter A. Mahler
In 1991, the New York State Department of Transportation as owner entered into a 99-year lease with Harlem River Yard Ventures, Inc. [read post]
28 Jul 2019, 4:25 pm by Larry
[Note to lawyers: Yes, I know the history of Harbor Maintenance Tax and jurisdiction, even that can be reconciled.] [read post]
” In their reply to DMWW’s arguments, the drainage districts state, “There is no allegation any drainage district in this case did anything other than exactly what the Legislature designed and created it to do. [read post]
26 Nov 2008, 7:17 pm
City of Valdez, Alaska Issue: Whether a municipal tax that falls exclusively on large vessels in the city’s harbor violates the Tonnage Clause, Commerce Clause, or Due Process Clause. [read post]
27 Sep 2018, 5:02 pm by Andrée Blais
These fees could reach $13M by the tenth year of the concession.[2] At the end of the concession, Gulftainer must hand the Port facilities back with the capacity to handle specified minimum service and tonnage volume requirements. [read post]
25 Jul 2011, 3:56 pm by thejaghunter
 I trust you will stand firm in your oaths to our United States Constitution and as such conduct a full investigation of Barack Hussein Obama and his assistants on behalf of the federal and state tax paying citizens of the U.S. and State of Illinois. [read post]
14 Feb 2011, 8:58 am by Guest Blogger
City of Valdez, the justices read the prohibition against "any [state] Duty of Tonnage" without the consent of the Congress "in light of its purpose" and invalidated a state duty that, while nominally declared a "property tax," operated as a de facto tax on the privilege of entering a port. [read post]
In reversing the ALJD and dismissing the case, the Board found that the employer’s statements during bargaining (regarding the poor state of the industry, diminishing future orders and declining prices) amounted to an assertion of competitive disadvantage rather than a present inability to pay. [read post]
23 Apr 2016, 10:08 pm by Jon
But there must always be a court of competent jurisdiction to decide any judicial issue that is conveniently located to the parties.6.4.1 All richters shall be selected by fetura into a single pool of richters, in which they shall serve for life, subject to good behavior, from which pool richters shall be selected by fetura to serve on each court for terms set by the Diet, except for two years in the Supreme Court, and selected by fetura to hear particular cases.6.4.2 The Supreme Court… [read post]
29 May 2014, 10:50 am by Guest Blogger
” At the Federal Convention, on September 15, he had stated that an “object for tonnage Duties” was to provide for “support of Seamen etc. [read post]