Faculty Blog, Professor Natasha Varyani

Wayfair.com: What a Sales Tax Case Reveals about Federalism, the Dormant Commerce Clause, and the Direction of Supreme Court Jurisprudence

The authority of States to impose taxes on remote sellers is an issue that calls up various constitutional principles, including (but not limited to) fundamental questions about federalism, the Due Process Clause, and the Commerce Clause.  Last term, in South Dakota v. Wayfair, Inc., the Court was asked yet again whether a seller with no… Continue reading Wayfair.com: What a Sales Tax Case Reveals about Federalism, the Dormant Commerce Clause, and the Direction of Supreme Court Jurisprudence

Faculty Blog, Teixeira de Sousa

Left-to-Work for Less

Missouri voters gave the American labor movement a very welcome bit of good news earlier this month when by a 2-1 margin they refused to become the 28th state in the nation to adopt right-to-work legislation in the private sector.  Coming on the heels of the U.S. Supreme Court decision in Janus v. AFSCME, which held… Continue reading Left-to-Work for Less

Faculty Blog

Putting Korematsu to Rest, Not a Moment Too Soon

More than a few commentators have noted the U.S. Supreme Court’s effort in Trump v. Hawaii, the travel ban case, to put to rest any lingering doubt about the validity of one of the nation’s most notorious judicial precedents, Korematsu v. United States. In that World War II-era case, the Court upheld the government-mandated internment… Continue reading Putting Korematsu to Rest, Not a Moment Too Soon

Faculty Blog, Tax Policy, Taxation, U.S. Supreme Court

Faculty Blog: SCOTUS to Hear eCommerce Sales Tax Case

By: Natasha Varyani, Adjunct Professor of Law The United States Supreme Court is scheduled to hear arguments in the case of South Dakota v. Wayfair, Inc., addressing the issue of when sales tax needs to be collected by online retailers engaged in eCommerce.  In its 1992 decision in Quill v. North Dakota, the Court ruled that a retailer must have a “physical presence” in a state in order to be subject to that jurisdiction’s sales and use tax laws.  The Court in Quill was revisiting its 1967 holding in National Bellas Hess v. Department of Revenue, in which it reviewed the authority of a state to impose its sales and tax laws on an out of state entity doing business in state. Both Bellas Hess and Quill dealt with retailers that conducted sales through mail order, and their only presence in state was the catalogue of products offered.  The Court in Quill cited “tremendous social, economic, commercial and legal innovations” that had occurred in the twenty-five years that had passed since its holding in Bellas Hess to justify overruling that former holding. 

Arizona, Due Process, Executive Power, Faculty Blog, Federal Courts, Federalism, Haynes, Judicial Review, National Security, Policy, President Obama, Separation of Powers, Statehood, U.S. Supreme Court

Faculty Blog: United States v. Texas

On April 18, the Supreme Court heard oral arguments in the case of United States v. Texas. The case involves the arguments put forward by twenty-six states, challenging the President’s November of 2014 Executive Action, which could have made around 5 million parents of citizens and lawful permanent residents (known as DAPA) eligible to apply to have their deportation deferred. It would also have slightly expanded the class of pre-existing eligibility for deferred action for childhood arrivals (DACA), already in effect since 2012. The mechanism through which executive action would take place is the President’s request that his subordinates within the prosecutorial arms of DHS to exercise their prosecutorial discretion in determining where and how to use and focus limited deportation resources. Congress enacted the Immigration and Nationality Act, tasking the agencies with enforcing immigration, but provides insufficient funds for the agencies to carry out their mandates. The Executive must then make decisions about how to prioritize those mandates. Neither DAPA nor the expanded DACA class confers anything other than the eligibility for certain persons to apply for time limited deferral from removal. With deferred action, under a different set of pre-existing regulations, passed under earlier Congresses and presidents, comes eligibility for work authorization.

1st Amendment, Contributor Profile, Editor Blog, First Amendment, Free Press, Free Speech, New England Law Review, Policy, Privacy, Sonja West, Symposium, West

Contributing Author Profile: Sonja West

Contributing Editor: Ryan Goodhue
Sonja R. West is an associate professor at the University of Georgia School of Law, which she joined in 2006. She teaches courses on Constitutional Law, Media Law, and the U.S. Supreme Court. Sonja earned a B.A. in journalism and communication studies from the University of Iowa. Prior to attending law school, she worked as a reporter in the Midwest and Washington, D.C. She received her J.D. from the University of Chicago School of Law where she served as executive editor of the school’s Law Review.

1st Amendment, Clay Calvert, Editor Blog, First Amendment, Free Press, Free Speech, New England Law Review, Privacy, publicity rights, Symposium

Contributing Author Profile: Clay Calvert

Contributing Editor: Aysha Warsi
Respected author and professor, Clay Calvert, will be a panelist at the New England Law Review’s Spring Symposium on February 11, 2016. Professor Calvert earned his B.A. in Communication with distinction and Ph.D. in Communication from Stanford University. He also received his J.D. Order of the Coif from the University of the Pacific’s McGeorge School of Law. Professor Calvert is a member of the State Bar of California and the Bar of the Supreme Court of the United States.

1st Amendment, Amy Gajda, Editor Blog, First Amendment, Free Press, Free Speech, New England Law Review, Privacy, publicity rights

Contributing Author Profile: Amy Gajda

Contributing Editor: Shannon Boyne
Amy Gajda is currently an Associate Professor of Law at Tulane University Law School and is internationally recognized for her expertise in the areas of information privacy, media law, torts, and higher education law. In 2013 she was awarded the Felix Frankfurter Award for Distinguished Teaching, Tulane University Law School’s highest teaching honor. She has chaired the Association of American Law Schools’ Sections on Mass Communication and Defamation and Privacy. Ms. Gadja also led the Association for Education in Journalism and Mass Communication’s Law and Policy Division.

1st Amendment, First Amendment, Free Speech

NELR Happenings: The First Amendment Bubble: How Privacy and Paparazzi Threaten a Free Press — Spring 2016 Symposium

Join the New England Law Review for our spring book symposium on February 11th at 4:00 p.m. in the Cherry Room at New England Law | Boston. It will showcase Professor Amy Gajda’s book “The First Amendment Bubble: How Privacy and Paparazzi Threaten a Free Press.” Her book explores judicial oversight of journalism news judgment. She will discuss how the expansion of acceptable news content has shifted courts’ focus from the First Amendment to individual privacy—a shift that curtails mainstream journalists’ press freedoms. Both Professor Calvert as well as Professor West will respond. The symposium will feature Professor Amy Gajda, a Visiting Scholar from Tulane University Law School, as our keynote speaker, as well as feedback and commentary from a panel of prominent legal voices, including:

  • Professor Clay Calvert, University of Florida
  • Associate Professor Sonja R. West, University of Georgia Law
Sponsored By: New England First Amendment Coalition For more information, visit our symposium page here. You can also let us know you are going on our Facebook event page. We look forward to seeing you there!