Commerce Clause

The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: The Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause.
Posts about Commerce Clause
    • Crutchfield Files Court Challenge To Massachusetts “Economic Nexus” Regulation

      On October 24, 2017, Crutchfield Corporation filed suit in the Circuit Court for Albemarle County, Virginia, against officials in the Massachusetts Department of Revenue, challenging the validity of Massachusetts’ new “economic nexus” regulation. Crutchfield, represented by George Isaacson, Martin Eisenstein, and Matthew Schaefer, asserts that the new rule violates the Commerc ...

      Brann & Isaacson- 15 readers -
  • South Dakota Supreme Court Hears Oral Argument In Commerce Clause Challenge

    … On August 30, 2017, the South Dakota Supreme Court heard oral argument in the State of South Dakota’s appeal from the entry of summary judgment by the Hughes County Circuit Court in favor of retailers Wayfair Inc., Overstock.com, Inc. and Newegg, Inc. The Circuit Court in March 2017 invalidated the South Dakota economic nexus statute…

    Brann & Isaacson- 22 readers -
  • The Different Types of White-Collar Crime Laws in Texas

    … includes a range of non-violent crimes that the offender typically commits to attaining financial gains. Have you been accused of a white-collar crime in Texas? Contact The Law Office of Matthew D. Sharp today >> Overview of White-Collar Crime White-collar criminal offenses may include: Healthcare fraud Insider trading (securities fraud…

    The Law Office of Matthew D. Sharp- 9 readers -
  • B&I Attorneys Tackle Local Tax Issues In State Tax Notes Article

    … by local home rule jurisidictions, as found in such states as Alabama, Arizona, Colorado, Illinois, and Louisiana. In the article, Eisenstein and Szal suggest that Commerce Clause nexus, as both a practical and a legal matter, must be determined by reference to an entity’s contacts to the local jurisdiction alone, and not the state as a whole. The full article can be read here. The post B&I Attorneys Tackle Local Tax Issues In State Tax Notes Article appeared first on Brann & Isaacson. …

    Brann & Isaacson- 13 readers -
  • Tennessee Chancery Court Enjoins Enforcement of New Sales Tax Collection Rule

    … will protect businesses throughout the country from being forced to contend with the many complex and confusing features of Tennessee tax law.” Isaacson went on to urge Tennessee and other states to “work cooperatively with catalog companies and electronic merchants to reform America’s sales tax system, which currently consists of more than 10,000…

    Brann & Isaacson- 8 readers -
  • Supreme Court Declines To Hear Challenge To Colorado Tax Reporting Statute

    … This week, the Supreme Court denied the petition for a writ of certiorari filed by Senior Partner George Isaacson and partner Matthew Schaefer on behalf of the Data & Marketing Association, previously known as the Direct Marketing Association, in one of the key tax disputes presented to the Court this term. The DMA sought Supreme Court…

    Brann & Isaacson- 13 readers -
  • Substantial Nexus Under Siege: Industry Fights Back!

    … Martin Eisenstein and David Bertoni have published their latest blog for members of the American Catalog Mailers Association: The Industry Is Fighting Back. The blog goes over each of the major battlefronts in the states’ multi-pronged effort to overturn the long-settled Commerce Clause rule of “substantial nexus,” which requires that companies…

    Brann & Isaacson- 40 readers -
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