Welcome back to the Law School Toolbox podcast! In today’s episode from our “Listen and Learn” series, we’re focusing on the Dormant Commerce Clause, also known as the Negative Commerce Clause. We previously discussed the Commerce Clause in episode 215.
In this episode we discuss:
- A brief review of the Commerce Clause
- When the Dormant Commerce Clause comes into play
- What constitutes an unduly burdensome regulation
- The market participant exception
- Other issues tested alongside the Dormant Commerce Clause
- Analyzing two hypos from previous California bar exams
- How to approach questions where it’s possible to argue either way
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Resources:
- “Listen and Learn” series
- Tutoring for Law School Success
- California Bar Examination – Essay Questions and Selected Answers, July 2018
- California Bar Examination – Essay Questions and Selected Answers, February 2005
- Podcast Episode 215: Listen and Learn – The Commerce Clause
- Podcast Episode 295: Listen and Learn – Due Process and Equal Protection (Con Law)
- Favorite Con Law Supplement: Chemerinsky’s Constitution Law: Principles and Policies
- First-Hand Guide to 1L Courses – Constitutional Law
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