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Entries by Peter M. Shane from 07/2012

Limited Government v. National Competence: The Ongoing Struggle Over the Commerce Clause

| Posted 07.06.2012 | Politics

So-called judicial "tests" are so obviously malleable that they don't seem to drive the Court's results. It is sometimes too easy to see the Court's desired outcome dictating the application of its "test," rather than the test producing the outcome.