In the Shadow of Article I: Applying a Dormant Commerce Clause Analysis to State Laws Regulating Aliens
Erin F. Delaney
Northwestern University - School of Law
New York University Law Review, Vol. 82, p. 1821, 2007
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.
Number of Pages in PDF File: 34
Keywords: immigration, alien, Dormant Commerce ClauseAccepted Paper Series
Date posted: November 8, 2007 ; Last revised: October 11, 2010
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