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U.S. District Court, Western District of N.Y. Case Summaries: July 3, 2008
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Daily Record (Rochester, NY)
- Article date:
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July 3, 2008
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Copyright informationCopyright 2008 Daily Record (Rochester, NY). Provided by ProQuest LLC. (Hide copyright information)
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U.S. District Court, Western District of N.Y.
Commerce Clause
Indictment
U.S. v. Soliman
06-CR-236A
Judge Arcara
Background: The defendant is a physician charged in a 64-count
indictment with engaging in a scheme to defraud health care benefit
programs. The defendant moved to dismiss on the grounds that the
indictment is insufficient, multiplicitous and the statute at issue
exceeds Congress' authority under the Commerce Clause. In March, the
magistrate judge recommended granting the motion and dismissal of
the indictment.
Ruling: The court does not accept the recommendation and finds
the indictment sufficiently alleges the violations, is not
multiplicitous and not in violation of the ...
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The right results for all the wrong reasons: An historical and functional...
Vanderbilt Law Review;
January 1, 2000 ;
Cramer, Anna Johnson;
787 words
......under the power granted to it by the Commerce Clause.6 Good causes for legislation--but...announced the first limitation on the Commerce Clause power since that power reached its...exercise of Congress's power under the Commerce Clause.8 However, Lopez did not clearly explain...
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RELIGIOUS LIBERTY PROTECTION ACT:MARC D. STERN
Congressional Testimony;
June 16, 1998 ;
787 words
......I am not here as an expert on the Commerce Clause. For me to claim such expertise would...religious life in the United States. The Commerce Clause is the constitutional hook on which...5 of the Fourteenth Amendment. The Commerce Clause is one such power on which this bill...
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SUPREME COURT RULING GIVES NEEDED BOOST TO THE 10TH...
Daily News (Los Angeles, CA);
July 8, 1997 ;
787 words
......derive from Article I, Section 8's commerce clause (``The Congress shall have the power...that such a ruling requires that the commerce clause must be restricted in its scope, for...government's enumerated powers, and the commerce clause ``trumps'' the 10th Amendment. This...
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The New Commerce Clause Doctrine in Game Theoretical Perspective
Vanderbilt Law Review;
January 1, 2007 ;
Stearns, Maxwell L;
787 words
......critical juncture in the development of Commerce Clause doctrine. While the Commerce Clause doctrine implicates federalism and separation...traditional broad scope of the post-New Deal Commerce Clause cases. This Article's new game theoretical...
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PROTECTING RELIGIOUS LIBERTY:MICHAEL P. FARRIS
Congressional Testimony;
May 12, 1999 ;
787 words
......employs the power of Congress under the Commerce Clause as the mechanism to protect religious...reasons we think this is so. First, the Commerce Clause provision of RLPA creates two classes...within the zone of protection of the Commerce Clause provision. But the widow who came...
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I know economic activity when I see economic activity: an operational...
Journal of Criminal Law and Criminology;
June 22, 2004 ;
Tzur, Paul;
787 words
......on his New Deal with America, the Commerce Clause was interpreted by the Supreme Court...grounds that Congress exceeded its Commerce Clause authority. (3) This helps explain...limiting principle on the scope of Commerce Clause authority: the law must regulate a...
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Top Court Ruling on Guns Slams Brakes on Congress // '30s Commerce Clause...
Chicago Sun-Times;
April 28, 1995 ;
JOAN BISKUPIC;
730 words
......had exceeded its authority under the commerce clause when it enacted a 1990 law that prohibited...once allowed to Congress under the commerce clause, he said, "Admittedly, some of our...congressional authority under the commerce clause to a general police power of the sort...
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The flawed economics of the dormant Commerce Clause.
William and Mary Law Review;
March 1, 1998 ;
McGreal, Paul F.;
787 words
......It is the doctrine of the dormant Commerce Clause, perhaps the Supreme Court's best...hideous thing? In short, the dormant Commerce Clause is a constitutional law doctrine that...the same area.(3) In general, the Commerce Clause places two main restrictions on state...
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Abortion as commerce: The impact of United States v. Lopez on the Freedom...
Vanderbilt Law Review;
January 1, 1997 ;
Benjamin W Roberson;
787 words
......largely under the authority of the Commerce Clause. Although the traditional broad interpretation...Act's constitutionality under the Commerce Clause, concluding that while Lopez does...statute exceeds meaningful limits on the Commerce Clause and because state law is better able...
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A critique of the narrow interpretation of the commerce clause
Northwestern University Law Review;
January 1, 2002 ;
Pushaw, Robert J Jr; Nelson, Grant S;
787 words
......Court rejected every challenge to such Commerce Clause legislation on one of three grounds...inconsistent with the original meaning of the Commerce Clause, which assertedly restricted Congress...Thomas's narrow interpretation of the Commerce Clause is hardly novel, having been ...
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Commerce Clause questions after Morrison: some observations on the new...
Stanford Law Review;
November 1, 2002 ;
Klein, Joshua A.;
787 words
......exceeding Congress's powers under the Commerce Clause. (2) Lopez was the first time in...longer anything extraordinary about Commerce Clause challenges to federal laws. Of the four Commerce Clause cases heard by the Court in the...
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Case Digests
Daily Record (Rochester, NY);
July 3, 2008 ;
787 words
......district Court, wdny Commerce Clause Indictment U.S. v. Soliman 06-CR...charged in a 64-count indictment with engaging in a scheme...on the grounds that the indictment is insufficient, multiplicitous...Congress' authority under the Commerce Clause. In March, the ...
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State user fees and the dormant Commerce Clause
Vanderbilt Law Review;
May 1, 1997 ;
Coenen, Dan T;
787 words
......central tenets of the Court's dormant commerce clause jurisprudence.2 The first of these...analytical categories for dormant commerce clause purposes. Part IV shows how the creation...existing caselaw and sound dormant commerce clause policy. Close inspection reveals that...
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Text of John Roberts Hearing - 16
AP Online;
September 14, 2005 ;
787 words
......on this, constitutional rights, the commerce clause. Now, just to briefly encapsulate...the Congress has the power under the commerce clause to regulate activities that are purely...about previously are based on the commerce clause, not necessarily on Wickard... ROBERTS...
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Text of John Roberts Hearing - 18
AP Online;
September 14, 2005 ;
787 words
......on this, constitutional rights, the commerce clause. Now, just to briefly encapsulate...the Congress has the power under the commerce clause to regulate activities that are purely...about previously are based on the commerce clause, not necessarily on Wickard... ROBERTS...
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