USCON 0001-0008 ANNOTATIONS

A bill that requires the labeling of poultry products specifying their geographic origin on their container does not violate the U.S. Constitution's commerce clause. Att. Gen. Op. 67-11.

Proposed amendment to article 8, titled "Nuclear Energy", of chapter 14 of Hawaii County Code, that would prohibit the transportation into or storage of any radioactive material that could be used, e.g., in an irradiation facility, impermissibly regulated the flow of interstate commerce and thus violated the commerce clause. Att. Gen. Op. 99-1.

The New Resident: Hawaii's Second-Class Citizen. 5 HBJ 77.

The Power of the Courts to Protect Journalists' Confidential Sources of Information: An Examination of Proposed Shield Legislation. 11 HBJ 35.

Hawaii's Quarantine Laws: Can Spot Come Home? 13 UH L. Rev. 175.

A Skeleton in the Legal Closet: The Discovery of "Kennewick Man" Crystalizes the Debate over Federal Law Governing Disposal of Ancient Human Remains. 21 UH L. Rev. 41.

The Jurisdictional Limits of Federal Criminal Child Pornography Law. 21 UH L. Rev. 73.

Federalism and Federal Spending: Why the Religious Land Use and Institutionalized Persons Act of 2000 is Unconstitutional. 23 UH L. Rev. 479.

The Akaka Bill: The Native Hawaiians' Race For Federal Recognition. 23 UH L. Rev. 857.

Loko i`a: A Legal Guide to the Restoration of Native Hawaiian Fishponds Within the Western Paradigm. 24 UH L. Rev. 657.

Questions and Answers About the Performance of Music Under the New Copyright Law. 15 HBJ 21.

Discretionary Use of the Doctrine of Equivalents in Patent Law: Going Beyond the Triple Identity Test of Graver Tank. 17 UH L. Rev. 513.

The Misappropriation Doctrine in Cyberspace: Protecting the Commercial Value of "Hot News" Information. 20 UH L. Rev. 421.

Music on the Internet: An International Copyright Dilemma. 23 UH L. Rev. 183.

No Free Music: Effect of A & M Records, Inc. v. Napster, Inc. on the Music Industry and Internet Copyright Law. 23 UH L. Rev. 767.

New York Times Co. v. Tasini: Can Electronic Publications Ever Be Considered Revisions of Printed Media? 24 UH L. Rev. 843.

Federalism and Federal Spending: Why the Religious Land Use and Institutionalized Persons Act of 2000 is Unconstitutional. 23 UH L. Rev. 479.

Patricia N. v. LeMahieu: Abrogation of State Sovereign Immunity Under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act After Board of Trustees v. Garrett. 24 UH L. Rev. 347.

Fifth Amendment's takings clause precludes federal government from exercising commerce clause authority to promote navigation. 444 U.S. 164.

Liquor tax exemption for okolehao and pineapple wine violated commerce clause because it had both purpose and effect of discriminating in favor of local products. 468 U.S. 263.

Lagoon formed from litorral Hawaiian fishpond was incapable of use as continuous highway for purpose of navigation in interstate commerce, not subject to federal navigational servitude. 944 F.2d 1489.

No commerce clause violation by state anchoring and mooring regulations where state's interest in having regulations for public safety is substantial and there is little burden on interstate commerce. 42 F.3d 1185.

Where defendant argued that Congress exceeded its authority under commerce clause when it enacted 21 U.S.C. §841(a)(1), i.e., defendant contended, inter alia, that possession of a controlled substance is not necessarily a commercial activity that may be regulated under commerce clause, defendant’s commerce clause argument lacked merit. 94 F.3d 1247.

Airline engaged in interstate and foreign commerce subject to suit in Hawaii. 253 F. Supp. 588.

Control share acquisition law is unconstitutional because it directly burdens interstate commerce and its indirect burden on commerce outweighs its benefits. 643 F. Supp. 161.

Congress is provided with the exclusive authority to regulate the nation's waterways. 725 F. Supp. 1509.

Not all burdens imposed by a state upon commerce, but only undue or discriminatory ones, are forbidden. 46 H. 269, 379 P.2d 336; 48 H. 486, 405 P.2d 382.

General excise tax on commissions received by travel agencies does not offend the commerce clause if (1) it does not discriminate against interstate commerce, (2) it is fairly apportioned so as to cover only income attributable to activity within state, (3) it does not subject interstate commerce to cumulative taxation. 53 H. 419, 495 P.2d 1172.

A tax upon out-of-state company's income based upon leased telecast rights exercisable only in Hawaii held not unconstitutional burden on interstate commerce. 57 H. 175, 554 P.2d 242.

Where comparison between out-of-state taxpayer and its in-state counterpart shows tax advantage to the former, such taxpayer has no ground to complain that use tax violates the commerce clause. 58 H. 163, 566 P.2d 1091.

Imposition of public service company tax on interisland air carrier was not undue burden on commerce. 65 H. 1, 647 P.2d 263.

No violation in exempting certain locally produced products from liquor tax. 65 H. 566, 656 P.2d 724.

No violation of commerce clause by Hawaii's imposition of general excise tax on Delaware corporation which sold books to the state library where corporation's presence in Hawaii was a continuous process of sales and service creating a substantial legal nexus with Hawaii, and tax was "internally" and "externally" consistent for fair apportionment of taxable income. 103 H. 359, 82 P.3d 804.

Migratory Bird Treaty Act was upheld by Supreme Court under necessary and proper clause and Article II treaty-making power. 103 F.3d 1475.

Allegation that State improperly administers unemployment compensation program is not sufficient to confer standing to challenge federal contributions to state program. 691 F.2d 905.

Ban on plastic beverage containers. 78-2 HLR 78-1478.