What is the burden of proving that a state statute or municipal ordinance discriminates against or places some burden on interstate commerce?
MultiRegion, United States of America
The following excerpt is from USA Recycling, Inc. v. Town of Babylon, 66 F.3d 1272 (2nd Cir. 1995):
The party challenging the validity of a state statute or municipal ordinance bears the burden of showing that it discriminates against, or places some burden on, interstate commerce. Hughes v. Oklahoma, 441 U.S. 322, 336, 99 S.Ct. 1727, 1736, 60 L.Ed.2d 250 (1979). If discrimination is established,
Page 1282
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the evidentiary burden to prove that a statute has a discriminatory effect on interstate commerce? (MultiRegion, United States of America)
What is the state's burden of proving that it has an independent and adequate state procedural ground? (MultiRegion, United States of America)
When a state statute is greater breadth than its text, can the state apply the statute of conviction in a nongeneric manner? (MultiRegion, United States of America)
In a habeas proceeding brought by a person in custody pursuant to a judgment of a state court, what is the burden of proving that a finding made by the state is correct? (MultiRegion, United States of America)
Is the statute tolling of the statute limitations period "from the time a final decision on direct state appeal [to] the time the first state collateral challenge is filed"? (MultiRegion, United States of America)
What is the burden of proving that an employer discriminated against a plaintiff in a workplace discrimination case? (MultiRegion, United States of America)
What is the burden of proving that a party to a Title VII discrimination action is a legitimate reason for discrimination? (MultiRegion, United States of America)
What is the burden of proving against a party in a discrimination case? (Canada (Federal), Canada)
What is the burden of proving a plaintiff's claim of discrimination against a defendant by a preponderance of the evidence? (MultiRegion, United States of America)
What is the difference between the federal extortion statute and the state-law bribery statute? (MultiRegion, United States of America)
