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19 May 2023, 4:00 am by Michael C. Dorf
Nearly all of the pork sold in California is produced out of state, so the plaintiffs argued that Prop 12 is extraterritorial legislation in violation of the dormant Commerce Clause (DCC).After explaining why the case is unlikely to have far-reaching consequences for state abortion regulations, my column focuses on the pleasantly surprising fact that the Court treats animal welfare as a very serious concern of the law. [read post]
18 May 2023, 9:30 pm by Karen Tani
Over the course of the twentieth century, Guido argued, statutes had become the primary source of law in America, displacing the common law. [read post]
18 May 2023, 9:01 pm by Michael C. Dorf
Last week, in National Pork Producers Council (NPPC) v. [read post]
18 May 2023, 8:55 pm by Lawrence Solum
This article argues that section 9(1) supplies a remedy for state-inflicted racial violence preceding some deaths in custody because section 9(1) contains an unstructured comparison, an analytical tool for discerning a racial basis that avoids the difficulties of a complex comparator structure found in other anti-discrimination statutes. [read post]