Litigation

S&M Brands v. Caldwell

By Ted Frank

Michael Greve discusses the pending cert petition in a case that will determine whether the Compact Clause means anything—and invokes the Supreme Court's recent rediscovery of the Tonnage Clause to suggest the case may have legs. (Via Kopel @ Volokh.) The Competitive Enterprise Institute, behind the unsuccessful-to-date suit, has an excellent summary page on the subject. As Daniel Fisher notes, one of the amicus briefs features the odd couple of Richard Epstein and Nader attorney Alan Morrison.

Full post as published by Point of Law on February 16, 2011 (boomark / email).