Re: California anti-spam law

On 10/2/98, Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
>
> On 09/30/98, Kaye Caldwell <kaye[_at_]ix.netcom.com> wrote:
> >
> > NO, certainly not in the absence of federal legislation. This is
> > well established.
>
> Perhaps I am misunderstanding Kaye's response here, but to I believe
> it is incorrect. Federal legislation is not required for dormant
> commerce analysis.

I agree, however, my point is that state legislation in and of itself is not per se violation of the commerce clause but must be subejcted to further analysis as to whether or not it violates the "dormant" commerce clause.

Kaye Caldwell
<kaye[_at_]ix.netcom.com> Received on Sat Oct 03 1998 - 12:05:45 GMT