By Steven L. Emanuel

ISBN-10: 0735590400

ISBN-13: 9780735590403

The so much depended on identify in legislations college outlines, Emanuel legislation Outlines aid your category coaching, offer reference to your define production, and provide a accomplished breakdown of subject topic to your complete learn method. Created by way of Steven Emanuel, those path outlines were trusted by means of generations of legislations scholars. each one identify comprises either tablet and special models of the severe matters and key themes you need to be aware of to grasp the path. additionally incorporated are examination questions with version solutions, an alpha-list of instances, and a go reference desk of instances for all the best casebooks.

Emanuel legislation define Features:
* #1 outline selection between legislations scholars
* Comprehensive review of all significant issues
* Capsule summary of all themes
* Cross-reference desk of situations
* Time-saving structure
* nice for exam prep

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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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Emanuel Law Outlines: Constitutional Law by Steven L. Emanuel


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