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Jun 21, 2021

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


Download the Transcript 

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Thanks for listening!

Alison & Lee