11 Rhode Island opinions name it 1 courts 1925–2009 0 in the last five years
The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Complete Auto Transit, Inc. v. Bradygreen2 sentences1996In that case, the Court provided that a state tax will pass commerce-clause scrutiny when the “tax [1] is applied to an activity with a substantial nexus with the taxing State, [2] is fairly apportioned, [3] does not discriminate against interstate commerce, and [4] is fairly related to the services provided by the State.” 430 U.S. at 279 , 97 S.Ct. at 1079 , 51 L.Ed.2d at 331 . 1996In that case, the Court provided that a state tax will pass commerce-clause scrutiny when the “tax [1] is applied to an activity with a substantial nexus with the taxing State, [2] is fairly apportioned, [3] does not discriminate against interstate commerce, and [4] is fairly related to the services provided by the State.” 430 U.S. at 279 , 97 S.Ct. at 1079 , 51 L.Ed.2d at 331 . | 1 | 3 |
Reading Railroad Company v. Pennsylvaniagreen2 sentences1986The history of constitutional adjudication under the due process clause and the commerce clause of the United States Constitution has resulted in the refinement of doctrine from initial determinations that a state could not tax interstate commerce, such as the Case of the State Freight Tax, 82 U.S. (15 Wall.) 232 , 21 L.Ed. 146 (1872), to the modem doctrine that appears to permit, either under the commerce clause or under the due process clause, a state to tax businesses engaged in interstate commerce so long as the tax is applied to an activity that bears a substantial nexus to the taxing sta 1986The history of constitutional adjudication under the due process clause and the commerce clause of the United States Constitution has resulted in the refinement of doctrine from initial determinations that a state could not tax interstate commerce, such as the Case of the State Freight Tax, 82 U.S. (15 Wall.) 232 , 21 L.Ed. 146 (1872), to the modem doctrine that appears to permit, either under the commerce clause or under the due process clause, a state to tax businesses engaged in interstate commerce so long as the tax is applied to an activity that bears a substantial nexus to the taxing sta | 1 | 3 |
Chemical Waste Management, Inc. v. Huntgreen2 sentences1997We note, however, that a statutory construction that results in facial discrimination against out-of-state commerce “is typically struck down without further inquiry.” Chemical Waste Management, Inc. v. Hunt, 504 U.S. 334, 342 , 112 S.Ct. 2009, 2014, 119 L.Ed.2d 121, 132 (1992). 1997We note, however, that a statutory construction that results in facial discrimination against out-of-state commerce “is typically struck down without further inquiry.” Chemical Waste Management, Inc. v. Hunt, 504 U.S. 334, 342 , 112 S.Ct. 2009, 2014, 119 L.Ed.2d 121, 132 (1992). | 1 | 1 |
Wardair Canada Inc. v. Florida Department of Revenuegreen2 sentences1986Complete Auto Transit, Inc. v. Brady, 430 U.S. 274 , 97 S.Ct. 1076 , 51 L.Ed.2d 326 (1977); see Wardair Canada, Inc. v. Florida Dept. of Revenue, — U.S. -, 106 S.Ct. 2369 , 91 L.Ed.2d 1 (1986). 1986Complete Auto Transit, Inc. v. Brady, 430 U.S. 274 , 97 S.Ct. 1076 , 51 L.Ed.2d 326 (1977); see Wardair Canada, Inc. v. Florida Dept. of Revenue, — U.S. -, 106 S.Ct. 2369 , 91 L.Ed.2d 1 (1986). | 1 | 1 |
Pension Benefit Guaranty Corporation v. RA Gray & Co.green2 sentences1985After observing that the regulation of cable-television transmissions was preempted by a comprehensive federal scheme (the authority for which derives from the commerce clause), the Court, after weighing both state and federal powers, found that the statute was barred by the supremacy clause because the state regulation squarely conflicted with the execution of federal law and the state's central power under the Twenty-first Amendment was not directly implicated. 467 U.S. at ___, 104 S.Ct. at 2709, 81 L.Ed.2d at 600 . 1985After observing that the regulation of cable-television transmissions was preempted by a comprehensive federal scheme (the authority for which derives from the commerce clause), the Court, after weighing both state and federal powers, found that the statute was barred by the supremacy clause because the state regulation squarely conflicted with the execution of federal law and the state’s central power under the Twenty-first Amendment was not directly implicated. 467 U.S. at -, 104 S.Ct. at 2709, 81 L.Ed.2d at 600 . | 1 | 1 |
Western Live Stock v. Bureau of Revenuegreen2 sentences1981Complete Auto Transit, Inc. v. Brady, 430 U.S. 274, 279 , 97 S.Ct. 1076, 1979 , 51 L.Ed.2d 326, 331 (1977) (citing Western Live Stock v. Bureau of Revenue, 303 U.S. 250, 254 , 58 S.Ct. 546, 548 , 82 L.Ed. 823, 827 (1938)). 1981Complete Auto Transit, Inc. v. Brady, 430 U.S. 274, 279 , 97 S.Ct. 1076, 1979 , 51 L.Ed.2d 326, 331 (1977) (citing Western Live Stock v. Bureau of Revenue, 303 U.S. 250, 254 , 58 S.Ct. 546, 548 , 82 L.Ed. 823, 827 (1938)). | 1 | 1 |
International Harvester Co. v. Department of Treasury of State of Indianagreen2 sentences1981See Liberty Steel Company v. Oklahoma Tax Commissioner, 554 P.2d at 11 ; cf. International Harvester Co. v. Department of Treasury, 322 U.S. at 348-49 , 64 S.Ct. at 1023 , 88 L.Ed. at 1318-19 (probability of tax elsewhere insufficient to strike down local tax). 1981See Liberty Steel Company v. Oklahoma Tax Commissioner, 554 P.2d at 11 ; cf. International Harvester Co. v. Department of Treasury, 322 U.S. at 348-49 , 64 S.Ct. at 1023 , 88 L.Ed. at 1318-19 (probability of tax elsewhere insufficient to strike down local tax). | 1 | 1 |
Narragansett Wire Co. v. Norberggreen2 sentences1981Philadelphia & Reading R.R. v. Pennsylvania, 82 U.S. (15 Wall.) 232, 272 , 21 L.Ed. 146, 160 (1873); Narragansett Wire Co. v. Norberg, 118 R.I. 596, 600 , 376 A.2d 1, 3 (1977). 1981Philadelphia & Reading R.R. v. Pennsylvania, 82 U.S. (15 Wall.) 232, 272 , 21 L.Ed. 146, 160 (1873); Narragansett Wire Co. v. Norberg, 118 R.I. 596, 600 , 376 A.2d 1, 3 (1977). | 1 | 1 |
Liberty Steel Co. v. Oklahoma Tax Commissiongreen1 sentence1981See Liberty Steel Company v. Oklahoma Tax Commissioner, 554 P.2d at 11 ; cf. International Harvester Co. v. Department of Treasury, 322 U.S. at 348-49 , 64 S.Ct. at 1023 , 88 L.Ed. at 1318-19 (probability of tax elsewhere insufficient to strike down local tax). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Quill Corp. v. North Dakota Ex Rel. Heitkamp
red
2 sentences1996Quill Corp. v. North Dakota By and Through its Tax Commissioner, 504 U.S. 298 , 112 S.Ct. 1904 , 119 L.Ed.2d 91 (1992). 1996Quill Corp. v. North Dakota By and Through its Tax Commissioner, 504 U.S. 298 , 112 S.Ct. 1904 , 119 L.Ed.2d 91 (1992). | 2 | 1996–1996 |
Owner-Operators Independent Drivers Ass'n of America v. State
green
1 sentence2009Id. | 1 | 2009–2009 |
National Bellas Hess, Inc. v. Department of Revenue
green
2 sentences1996In regard to the commerce-clause analysis, the Court upheld its holding in National Bellas Hess, Inc. v. Department of Revenue of Illinois, 386 U.S. 753 , 87 S.Ct. 1389 , 18 L.Ed.2d 505 (1967), and determined that a state cannot constitutionally impose a sales and use tax upon a seller unless the seller maintained a physical presence in the taxing state. 1996In regard to the commerce-clause analysis, the Court upheld its holding in National Bellas Hess, Inc. v. Department of Revenue of Illinois, 386 U.S. 753 , 87 S.Ct. 1389 , 18 L.Ed.2d 505 (1967), and determined that a state cannot constitutionally impose a sales and use tax upon a seller unless the seller maintained a physical presence in the taxing state. | 1 | 1996–1996 |
Dennis v. Higgins
green
2 sentences1993In Dennis v. Higgins, 498 U.S. 439 , 111 S.Ct. 865 , 112 L.Ed.2d 969 (1991), the United States Supreme Court expressly held that a Commerce Clause violation is actionable under 42 U.S.C. § 1983 . 1993In Dennis v. Higgins, 498 U.S. 439 , 111 S.Ct. 865 , 112 L.Ed.2d 969 (1991), the United States Supreme Court expressly held that a Commerce Clause violation is actionable under 42 U.S.C. § 1983 . | 1 | 1993–1993 |
Parker v. Brown
green
2 sentences1985We also believe that § 3-8-7 is protected from federal antitrust regulations since the price-advertising ban meets the two standards for antitrust immunity under Parker v. Brown, 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 (1943). 1985We also believe that § 3-8-7 is protected from federal antitrust regulations since the price-advertising ban meets the two standards for antitrust immunity under Parker v. Brown, 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 (1943). | 1 | 1985–1985 |
Capital Cities Cable, Inc. v. Crisp
green
2 sentences1985After observing that the regulation of cable-television transmissions was preempted by a comprehensive federal scheme (the authority for which derives from the commerce clause), the Court, after weighing both state and federal powers, found that the statute was barred by the supremacy clause because the state regulation squarely conflicted with the execution of federal law and the state's central power under the Twenty-first Amendment was not directly implicated. 467 U.S. at ___, 104 S.Ct. at 2709, 81 L.Ed.2d at 600 . 1985After observing that the regulation of cable-television transmissions was preempted by a comprehensive federal scheme (the authority for which derives from the commerce clause), the Court, after weighing both state and federal powers, found that the statute was barred by the supremacy clause because the state regulation squarely conflicted with the execution of federal law and the state’s central power under the Twenty-first Amendment was not directly implicated. 467 U.S. at -, 104 S.Ct. at 2709, 81 L.Ed.2d at 600 . | 1 | 1985–1985 |
Bacchus Imports, Ltd. v. Dias
green
2 sentences1985Justice White, speaking for the Court, held that the liquor-tax exemption violated the commerce clause “because it had both the purpose and effect of discriminating in favor of local products.” Id. at —, 104 S.Ct. at 3057, 82 L.Ed.2d at 211 . 1985Justice White, speaking for the Court, held that the liquor-tax exemption violated the commerce clause “because it had both the purpose and effect of discriminating in favor of local products.” Id. at —, 104 S.Ct. at 3057, 82 L.Ed.2d at 211 . | 1 | 1985–1985 |
Texas & New Orleans Railroad v. Sabine Tram Co.
green
1 sentence1925Co. v. Sabine Tram Co., 227 U. S. 111 ; United Fuel Gas Co. v. Hallanan, 257 U. S. 277 . *502 *501 In the recent case (decided May 26, 1924), Missouri v. Kansas Gas Co., 265 U. S. 298 , Associate Justice Sutherland, speaking for the court, says the line of division between cases, where, in the absence of congressional action, the State is authorized to act, and those where state action is precluded by mere force of the commerce clause of the Constitution, is not always clearly marked; in the absence of congressional legislation, a State may constitutionally impose taxes and enact laws of inter | 1 | 1925–1925 |
The Minnesota Rate Cases
green
1 sentence1925The court then quotes with approval the following statement of the law in the Minnesota Rate Cases, 230 U. S. 352 , 396: “If a state enactment imposes a direct burden upon interstate commerce, it must fall regardless of Federal legislation. | 1 | 1925–1925 |
United Fuel Gas Co. v. Hallahan
green
1 sentence1925Co. v. Sabine Tram Co., 227 U. S. 111 ; United Fuel Gas Co. v. Hallanan, 257 U. S. 277 . *502 *501 In the recent case (decided May 26, 1924), Missouri v. Kansas Gas Co., 265 U. S. 298 , Associate Justice Sutherland, speaking for the court, says the line of division between cases, where, in the absence of congressional action, the State is authorized to act, and those where state action is precluded by mere force of the commerce clause of the Constitution, is not always clearly marked; in the absence of congressional legislation, a State may constitutionally impose taxes and enact laws of inter | 1 | 1925–1925 |
Missouri Ex Rel. Barrett v. Kansas Natural Gas Co.
green
1 sentence1925Co. v. Sabine Tram Co., 227 U. S. 111 ; United Fuel Gas Co. v. Hallanan, 257 U. S. 277 . *502 *501 In the recent case (decided May 26, 1924), Missouri v. Kansas Gas Co., 265 U. S. 298 , Associate Justice Sutherland, speaking for the court, says the line of division between cases, where, in the absence of congressional action, the State is authorized to act, and those where state action is precluded by mere force of the commerce clause of the Constitution, is not always clearly marked; in the absence of congressional legislation, a State may constitutionally impose taxes and enact laws of inter | 1 | 1925–1925 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.