In the shadow of article I

Applying a Dormant Commerce Clause analysis to state laws regulating aliens

Research output: Contribution to journalArticle

3 Citations (Scopus)

Abstract

State laws regulating aliens are increasing in number and scope. Yet the current doctrinal approaches to assessing the constitutionality of these laws fail to provide a predictable or desirable framework for distinguishing between permissible and impermissible state regulation of aliens. This Note, by analogizing to the Dormant Commerce Clause doctrine, aims to offer another approach to reviewing state laws regulating aliens - one that takes into consideration the state-to-state dimension of the national interests at stake in immigration law and policy, and that may provide a better means of addressing animus-based state laws.

Original languageEnglish (US)
Pages (from-to)1821-1856
Number of pages36
JournalNew York University Law Review
Volume82
Issue number6
StatePublished - Dec 1 2007

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state law
commerce
immigration law
constitutionality
immigration policy
doctrine
regulation
Law

ASJC Scopus subject areas

  • Law

Cite this

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In the shadow of article I : Applying a Dormant Commerce Clause analysis to state laws regulating aliens. / Delaney, Erin F.

In: New York University Law Review, Vol. 82, No. 6, 01.12.2007, p. 1821-1856.

Research output: Contribution to journalArticle

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