As I noted in a separate post, the legal advocacy group Neutral Principles engaged Erik Jaffe and me to draft an amicus brief for them in Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder ...
The most broad-ranging power of the federal government has become the Commerce Clause. This part of Article I, Section 8 allows Congress “to regulate commerce with foreign nations and among the ...
The roots of this issue trace to the Supreme Court’s 2023 decision in Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023). As we outlined in the Product Perspective, the Mallory Court vacated ...
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