(Download) "State Extraterritorial Powers Reconsidered." by Notre Dame Law Review " eBook PDF Kindle ePub Free
eBook details
- Title: State Extraterritorial Powers Reconsidered.
- Author : Notre Dame Law Review
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 286 KB
Description
INTRODUCTION To what extent may a state in this country apply its laws to people and events outside its territorial borders? In what probably will be surprising to most readers, constitutional doctrine still does not offer a clear or settled answer to this basic "horizontal federalism" question. (1) In a recent article published in this journal, Professor Katherine Florey provides a sustained analysis of two doctrines (due process and the dormant Commerce Clause) that bear on the scope of states' extraterritorial powers. (2) Florey shows that the doctrines are in tension, and proposes that courts integrate them into a single constitutional principle that would determine the scope of states' extraterritorial powers. (3)