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Smokey and the Bandit in Cyberspace: The Dormant Commerce Clause, the Twenty-first Amendment, and State Regulation of Internet Alcohol Sales
Recently, federal courts have used the dormant Commerce Clause doctrine to strike down state regulations of alcohol sales, as applied to out-of-state alcohol producers and purchasers, despite theExpand
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Vertical Federalism, Horizontal Federalism, and Legal Obstacles to State Marijuana Legalization Efforts
This Article highlights the tension between marijuana legalization efforts, on the one hand, and the continued criminalization of marijuana at the federal level on the other. I argue that theExpand
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National Federation of Independent Business v. Sebelius: Five Takes
In this article, following our now-famous “Five Takes” format, we will look at some possible meanings and implications of the Supreme Court’s decision. We first consider possible analogies betweenExpand
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The Maine Rx prescription drug plan and the dormant Commerce Clause doctrine: the case of the missing link[age].
In the 2002 Term, the U.S. Supreme Court will hear the case of Pharmaceutical Research and Manufacturers Association v. Concannon, in which PhRMA will argue that the State of Maine's program toExpand
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Laws to require purchase of locally grown food and constitutional limits on state and local government: Suggestions for policymakers and advocates
Locally grown food laws that require, or provide incentives for, purchasing food grown within a defined geographic boundary are vulnerable to challenge under the U.S. Constitution’s restrictions onExpand
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Necromancing the Equal Rights Amendment
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Recent constitutional scholarship has focused on how courts — the Supreme Court in particular — “implements” constitutional meaning through the use of doctrinal constructs that enable judges toExpand
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NFIB v. Sebelius: Five Takes