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7 Sep 2022, 5:23 am by Eugene Volokh
The Supreme Court has in practice been unwilling to extend the principle beyond the facts of Healy and Brown-Forman, which involved laws that by "express terms" or "inevitable effect" regulate out-of-state commerce.[22] Some contend that the extraterritoriality cases are best read to invalidate only state laws that "discriminat[e] against out-of-state rivals or consumers"—that is, extraterritoriality must be understood as an… [read post]