Constitutional Law
Nov. 25, 2014
A new commerce clause approach?
The path of the Sam Francis case to en banc review strongly suggests that the 9th Circuit may extensively reconsider its commerce clause jurisprudence. By Eric Boorstin
The 9th U.S. Circuit Court of Appeals, sitting en banc, has agreed to consider whether the California Resale Royalty Act survives a challenge under the dormant commerce clause. Sam Francis Found. v. Christie's Inc., 769 F.3d 1195 (9th Cir. 2014). However, the path of this case to en banc review strongly suggests that the 9th Circuit may extensively reconsider its commerce clause jurisprudence.
The California Resale Royalty Ac...
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