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17 Sep 2017, 9:30 pm by Cary Coglianese
Even when no federal law exists to conflict with state or local regulation, subnational rules can be unlawful if their burden on interstate commerce is “clearly excessive in relation to the putative local benefits”—a test the Supreme Court announced in Pike v. [read post]
17 Sep 2017, 11:34 am by John Mikhail
Hylton.Paterson also played an important role at the Philadelphia convention, where he was as a champion of small state interests and authored the New Jersey Plan, the leading alternative to the nationalist’s Virginia Plan. [read post]
15 Sep 2017, 1:50 pm by Rick Garnett
” This position finds strong support in one of the Supreme Court’s most famous First Amendment cases, West Virginia State Board of Education v. [read post]
14 Sep 2017, 12:05 pm by Lyle Denniston
  Instead, the court will keep its focus on a quite different case on the issue – the case of Gill v. [read post]
14 Sep 2017, 6:49 am by Eric Goldman
” The specimen on file with the USPTO from 2008 is an image of a small burger bag that features the words “TRIPLE TRIPLE. [read post]
12 Sep 2017, 9:42 pm by Lisa Ouellette
The Court did carve out a possible workaround last Term in the wonderfully named Lewis v. [read post]
10 Sep 2017, 9:30 pm by Alan S. Kaplinsky
Supreme Court’s landmark 2011 decision in AT&T Mobility, LLC v. [read post]
9 Sep 2017, 7:10 am by Jonathan H. Adler
The courts have been consistent in holding that such analyses are required only when an agency action directly regulates small entities (like small businesses). [read post]
8 Sep 2017, 3:33 pm by Jeffrey Carr
This may seem like a small detail, but trucking is a heavily regulated industry. [read post]