Friday, May 31, 2013

A bleg on the Supreme Court and novel technologies

Mark Tushnet

I recall reading (or reading about) a Supreme Court opinion in the 1920s that referred to automobiles as a then-new technology (not using that term, but clearly referring to the automobile's novelty). The case was probably a dormant commerce clause (regulatory or taxation) case or a preemption case in which the argument was that we (the Court) ought to give states regulatory leeway to figure out how to deal with this novelty. Can anyone identify the case? (I have a vague feeling that it was written by Peirce Butler, but maybe McReynolds or Sutherland.) E-mail to me [mtushnet at] is fine.

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