298: Listen and Learn -- The Dormant Commerce Clause
The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond
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
Resources:
- "Listen and Learn" series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn)
- Tutoring for Law School Success (https://lawschooltoolbox.com/tutoring-for-law-school-success/)
- California Bar Examination – Essay Questions and Selected Answers, July 2018 (http://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/Essay-Questions-and-Answers.pdf)
- California Bar Examination – Essay Questions and Selected Answers, February 2005 (https://nwculaw.edu/pdf/bar/February%202005%20Essays%20and%20Sample%20Answers.pdf)
- Podcast Episode 215: Listen and Learn – The Commerce Clause (https://lawschooltoolbox.com/podcast-episode-215-listen-and-learn-the-commerce-clause/)
- Podcast Episode 295: Listen and Learn – Due Process and Equal Protection (Con Law) (https://lawschooltoolbox.com/podcast-episode-295-listen-and-learn-due-process-and-equal-protection-con-law/)
- Favorite Con Law Supplement: Chemerinsky's Constitution Law: Principles and Policies (https://lawschooltoolbox.com/favorite-con-law-supplement-chemerinskys-constitutional-law-principles-and-policies/)
- First-Hand Guide to 1L Courses – Constitutional Law (https://lawschooltoolbox.com/first-hand-guide-to-1l-courses-constitutional-law/)
Download the Transcript (https://lawschooltoolbox.com/episode-298-listen-and-learn-the-dormant-commerce-clause/)
If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you're concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode!
Thanks for listening!
Alison & Lee
More description
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
Resources:
- "Listen and Learn" series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn)
- Tutoring for Law School Success (https://lawschooltoolbox.com/tutoring-for-law-school-success/)
- California Bar Examination – Essay Questions and Selected Answers, July 2018 (http://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/Essay-Questions-and-Answers.pdf)
- California Bar Examination – Essay Questions and Selected Answers, February 2005 (https://nwculaw.edu/pdf/bar/February%202005%20Essays%20and%20Sample%20Answers.pdf)
- Podcast Episode 215: Listen and Learn – The Commerce Clause (https://lawschooltoolbox.com/podcast-episode-215-listen-and-learn-the-commerce-clause/)
- Podcast Episode 295: Listen and Learn – Due Process and Equal Protection (Con Law) (https://lawschooltoolbox.com/podcast-episode-295-listen-and-learn-due-process-and-equal-protection-con-law/)
- Favorite Con Law Supplement: Chemerinsky's Constitution Law: Principles and Policies (https://lawschooltoolbox.com/favorite-con-law-supplement-chemerinskys-constitutional-law-principles-and-policies/)
- First-Hand Guide to 1L Courses – Constitutional Law (https://lawschooltoolbox.com/first-hand-guide-to-1l-courses-constitutional-law/)
Download the Transcript (https://lawschooltoolbox.com/episode-298-listen-and-learn-the-dormant-commerce-clause/)
If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you're concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode!
Thanks for listening!
Alison & Lee
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