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29 Oct 2013, 8:00 am by Dan Ernst
”This Essay analyzes claims about the federal treaty power made by contemporaneous litigants, newspapers, and politicians in order to draw lessons for the issues at the heart of Bond v. [read post]
27 May 2024, 4:05 pm by Lawrence Solum
United States—the article argues that the tax must satisfy the rules applicable to the taxing power. [read post]
4 Apr 2014, 8:12 am by John Mikhail
  Finally, I'll also explain why the article's new account of the original understanding of the Necessary and Proper Clause can serve as a useful framework for addressing some of the issues presented in Bond v. [read post]
11 Jul 2024, 8:43 am by Jonathan H. Adler
[A potentially important post-NFIB enumerated powers challenge. ] Yesterday, in Hobby Distillers Association v. [read post]
12 Dec 2017, 12:00 pm
In 2014, Old Dominion entered into an Engineer, Procure and Construct Contract (“White Oak Agreement”) with Plaintiff, White Oak Power Constructors (“White Oak”) to construct the Plant and prepare it for operation. [read post]
11 May 2023, 6:07 am by Evan George
And of course, last summer the Supreme Court’s decision in West Virginia v. [read post]
4 May 2011, 1:37 pm by WIMS
The Alcoa Power Generating Company petitions for review of two orders of FERC with respect to the relicensing of its Yadkin Project facilities in North Carolina. [read post]
18 Dec 2018, 11:20 am by Neil Siegel
Supreme Court, Robert Cooter of UC Berkeley Law School and I developed a theory of Congress's taxing power that anticipated, and may have influenced, the Court's taxing power analysis in NFIB v. [read post]
2 Jul 2009, 6:11 pm
Although it can reverse statutory decisions, Congress is not able to supersede the Court's constitutional rules because it cannot change the source of law being interpreted - the Constitution - outside of the amendment process of Article V. [read post]