Putting these matters of national pride aside, it is obvious that any problem of unfair competition could be readily handled by straightforward labeling requirements.19 The European Court of Justice determined that, insofar as the French wine product was lawfully used and marketed in France, the principle of mutual recognition called for the French regulatory regime that was less burdensome and less costly to be governing in the German Republic.20 Notice the profound difference, therefore, between our Dormant Commerce Clause jurisprudence, which is merely a nondiscrimination principle, and the more deregulatory principle of the European Union. Such discrimination amounts to economic protectionism in any realistic sense of the term.27 To summarize, the European Union is a multinational ...
... discriminated against interstate commerce. The trial court ruled for Kentucky, relying in pa... a "market-participation" exception to the dormant Commerce Clause limit on state regulation. The Sta... element of dormant Commerce Clause jurisprudence that "any notion of discrimination assumes a compa...
This Article describes and evaluates the evolution of rights doctrine in the United States, focusing on the problem of balancing. In the current Supreme Court, deep conflict over whether, when, and how courts balance rights is omnipresent. Elsewhere, we find that the world's most powerful constitutional courts have embraced a stable analytical procedure for balancing, known as proportionality. Today, proportionality analysis (PA) constitutes the defining doctrinal core of a transnational, rights-based constitutionalism. This Article critically examines alleged American exceptionalism, from the standpoint of comparative constitutional law and practice. Part I provides an overview of how constitutional judges in other systems use PA, assesses the costs and benefits of adopting it, and con...
..., PA has become a centerpiece of jurisprudence across the European continent, as well as in commo... for state restrictions on trade under the dormant Commerce Clause. And in the mid-twentieth century,...
...Part II discusses dormant Commerce Clause jurisprudence generally, and its a...
...: The flow control ordinance violates the Commerce Clause. Pp. 389-395. (a) The ordinance regulates i... principles of our Commerce Clause jurisprudence. We consider a so-called flow control ordinance, w... that the ordinance violates the dormant Commerce Clause. In my view, however, the town's o...
... in violation of the negative - or dormant - Commerce Clause. The District Court granted summ..., in our dormant Commerce Clause jurisprudence, the alleged burden on interstate commerce is gene...
... the tax exemption statute violated the Commerce Clause, petitioner filed suit and was awarded summ... by the Town's arguments that the dormant Commerce Clause is inapplicable here, either becau... uniform course of Commerce Clause jurisprudence animated and enlightened by that early history, ha...
... the flow control ordinances violate the Commerce Clause by discriminating against interstate commer... and other of this Court's so-called "dormant" Commerce Clause precedents allow for a distinctio... Court's negative Commerce Clause jurisprudence" compels the conclusion "that private marketers en...
... certain state taxes as violating the "dormant" Commerce Clause. The Oklahoma Supreme Court order... under our dormant Commerce Clause jurisprudence. Private Truck Council v. Oklahoma Tax Comm'n, 806...
... to regulate activities in and affecting commerce. In reversing, the Court of Appeals held that, in ... beyond Congress' power under the Commerce Clause. Held: The Act exceeds Congress' Commerce Clause a... development of Commerce Clause jurisprudence ). In 1887, Congress enacted the Interstate Commer... to invalidate local law because of the dormant national power. Cooley v. Board of Wardens of Port...
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