Dormant Commerce Clause - Harvard Law Review

Executive Preemption and the Dormant Commerce Clause After Pataki and Paxton

January 15, 2026 I. An Executive Order at Odds with Doctrinal Evolution In December, President Trump signed an executive order directing the Department of Justice to challenge...

J.B. Branch

Corporate Law Notes

Dormancy and Delaware: An Emerging Threat to the Internal Affairs Doctrine

Vol. 139 No. 3 January 2026 A longstanding choice-of-law rule known as the internal affairs doctrine has predominated over corporate law matters in the United States since at least the 1860s. Acknowledged by the Supreme Court and generally followed by the states, the doctrine holds that the internal affairs of a corporation are governed by the law of the state where it is incorporated, notwithstanding where it may be headquartered.

Twenty-First Amendment Notes

Does the Twenty-First Amendment Displace Pike Balancing?

Vol. 138 No. 5 March 2025 Absent alcohol, dormant commerce clause doctrine is mostly familiar. Courts use strict scrutiny when state laws discriminate — facially, in purpose, or in effect — against...

Dormant Commerce Clause Notes

The Dormant Commerce Clause and Moral Complicity in a National Marketplace

Vol. 137 No. 3 January 2024 To stay experimentation in things social and economic is a grave responsibility. Denial of the right to experiment may be fraught with serious consequences...

Animal Law Leading Case

National Pork Producers Council v. Ross

Vol. 137 No. 1 November 2023 In an increasingly interconnected national economy, the myriad political leanings and morals of political actors result in equally varied — and sometimes diametrically opposed — state laws. Thus,...

Personal Jurisdiction Leading Case

Mallory v. Norfolk Southern Railway Co.

Vol. 137 No. 1 November 2023 The “springboard for our modern personal jurisdiction jurisprudence,” International Shoe Co. v. Washington was “‘canonical,’ ‘seminal,’ ‘pathmarking,’ and even ‘momentous’” — not to mention “transformative.” International...

Constitutional Law Blog Essay

The Supreme Court is Poised to Blow A Giant Hole in Gun Control. Here’s How the Liberal Justices Can Intervene.

October 21, 2019 Lost in the shuffle of a busy October at the Supreme Court—one filled with high profile developments concerning the right to abortion and the treatment of LGBT...

Aaron Tang

Dormant Commerce Clause Recent Case

Association for Accessible Medicines v. Frosh

Fourth Circuit Invalidates Maryland Statute Regulating Price Gouging in the Sale of Generic Drugs.

Vol. 132 No. 6 April 2019

Dormant Commerce Clause Leading Case

South Dakota v. Wayfair, Inc.

Vol. 132 No. 1 November 2018 Judicial junk, the Court has long thought, is easier to scrap when the erroneous precedent cannot be fixed by Congress, as in constitutional cases....

Dormant Commerce Clause Recent Case

State v. Wayfair Inc.

South Dakota Supreme Court Holds Unconstitutional State Law Requiring Internet Retailers Without In-State Physical Presence to Remit Sales Tax.

Vol. 131 No. 7 May 2018