By Doris I. Walker

ISBN-10: 0738547328

ISBN-13: 9780738547329

For 2 centuries sooner than it was once sculpted right into a sleek marina, the curve of the Pacific coast that's now Dana element Harbor was once a average anchorage inside of Capistrano Bay for winddependent buying and selling ships. Boston sailor Richard Henry Dana arrived on one and later defined the positioning as "the purely romantic spot in California" in his 1840 vintage, Years prior to the Mast. positioned midway among San Diego and l. a., Dana Point's rugged coves attracted in most cases fishermen and surfers. Then within the Twenties, the marine terraces above the surf have been carved into streets, however the community's improvement was once stilled via the nationwide monetary crash of 1929. Now Dana aspect has matured right into a well known game and hotel port, in addition to a thriving residential urban, whereas a lot of the usual attractiveness that encouraged namesake Dana has been preserved.

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National Solid Wastes Management] [89] CONGRESSIONAL ACTION- PREEMPTION AND CONSENT 1. " Gade, supra . In other words, field preemption occurs where Congress has indicated that it intends to "occupy the entire field" in question. [89] "Field preemption": so pervasive as to make reasonable the inference that Congress Example: In 1940, Congress passes the Alien Registration Act, which requires aliens 14 and over to register with the federal Immigration and Naturalization Service, be finger­ printed, and obey other restrictions.

C A d. p "mere rationality" test (in that the regula­ tion must be rationally related to fulfilling a legitimate state end) plus a separate balancing test Summary: So to summarize this test, it's both a s (in that the benefits to the state from the regulation must outweigh the burdens on interstate u commerce). [72] L 2. else, be on the lookout for intentional dis­ crimination against out-of-staters. If the state is promoting its residents' own economic interests, this will not be a legitimate state objective, so the regulation will virtually automatically violate the s Commerce Clause.

A R rules: if the state acts as a market participant, it may favor local over out-of-state interests. (Exam­ ple: South Dakota owns a cement plant. It favors in-state customers during shortages. Held, this does not violate the Commerce Clause, because the state is acting as a market participant. [Reeves v. Stake]) [84-86] y State taxation of interstate commerce: Just as state regulation may be found to unduly burden (or inate against interstate commerce, and thus violate the Commerce Clause. To strike a state tax as viola­ tive of the Commerce Clause, the challenger must generally show either: [86-88] Discrimination: That the state is discriminating against interstate commerce, by taxing in a way that unjustifiably benefits local commerce at the expense of out-of-state commerce.

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Dana Point (Images of America) by Doris I. Walker


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