Assorted Rules

Question 1

Dormant commerce clause

Answer 1

DCC is a doctrine that limits the power of states to legislate in ways that impact intersate commerce. If congress has not enacted legislation in a particular area of ISC, then the states are free to regulation, so long as the state or local action does not

1. discriminate against out of state commerce,
   2 unduly burden ISC or
2. purposefully regulate wholly out of state activity.

Question 2

DCC - when does a state or local reg discriminate against out of state commerce?

Answer 2

A state or local reg discriminates against outta state commerce if it protects local economic interests at teh expense of out of state competitors. However, the mere fact that the entire burden of a state regulation falls on an out of state business is not sufficient to constitute discrimination against ISC.

DCC protects the iterstate market, not particulare interestate firms, prom prhibitive or burdenson regulations.

Answer 3

If a state or local regulation, on its face or in practice, is discriminatory, then the regulation may be upheld if the state or local government can establish that: (i) an important local interest is being served and (ii) no other nondiscriminatory means are available to achieve that purpose.

Question 4

market participant

Answer 4

A state may behave in a discriminatory fashion and burden commerce if it is acting as a market participant (buyer or seller), as opposed to a market regulator. If the state is a market participant, it may favor local commerce or discriminate against nonresident commerce as could any private business.

Question 5

Trusts - rule in shelley’s case

Answer 5

At common law, the Rule in Shelley’s Case prevented remainders in a grantee’s heirs by merging present and future interests so that the grantee would take in fee simple absolute. Most jurisdictions have abolished the Rule in Shelley’s Case, and the parties now take the present and future interests according to the language in the deed.