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Legal Encyclopedia - Trade regulation

Table of contents

1 trade regulation: an overview

2 menu of sources

2.1 Federal Material

2.1.1 Federal Statutes
2.1.2 Federal Regulations
2.1.3 Judicial Decisions

2.2 U.S. Constitution
2.3 State Material

2.3.1 State Statutes
2.3.2 State Judicial Decisions

2.4 Other References

2.4.1 Key Internet Sources
2.4.2 Useful Offnet (or Subscription - $) Sources

3 other topics

trade regulation: an overview

The terms trade and commerce are often used interchangeably, with commerce referring to large-scale business activity and trade describing commercial traffic within a state or a community. The U.S. Constitution, through the Commerce Clause (http://www.law.cornell.edu/constitution/constitution.articlei.html#section8), gives Congress exclusive power over trade activities between the states and with foreign countries. Trade within a state is regulated exclusively by the states themselves. As with any commercial activity, intrastate and interstate trade is often times indistinguishable.

Federal agencies that help in trade regulation include the Department of Commerce (DOC) (http://www.doc.gov) and the International Trade Administration(ITA) (http://www.ita.doc.gov/). The DOC is an agency of the executive branch that promotes international trade, economic growth, and technological advancement. The ITA is a branch of the DOC that works to improve the international trade position of the United States. For additional topics related to trade regulation please refer to Commercial Law (http://www.law.cornell.edu/topics/commercial.html).

menu of sources

Federal Material

Federal Statutes

U.S. Code:
- Commerce and Trade - 15 U.S.C.
  - Monopolies and Combinations in Restraint of Trade - 15 U.S.C. § 1 et seq.
  - Federal Trade Commission; Promotion of Export Trade and Prevention of Unfair Methods of Competition - 15 U.S.C. § 41 et seq.

Federal Regulations

Title 15 C.F.R. (http://www.law.cornell.edu/cfr/15cfr.htm) - Commerce and Foreign Trade
Title 16 C.F.R. (http://www.law.cornell.edu/cfr/16cfr.htm) - Commercial Practices
Title 27 C.F.R. (http://www.law.cornell.edu/cfr/27cfr.htm) - Alcohol, Tobacco Products, and Firearms
Title 29 C.F.R. (http://www.law.cornell.edu/cfr/29cfr.htm) - Labor
Title 46 C.F.R. (http://www.law.cornell.edu/cfr/46cfr.htm) - Shipping
Title 48 C.F.R. (http://www.law.cornell.edu/cfr/48cfr.htm) - Transportation

Judicial Decisions

U.S. Supreme Court: Recent Decisions on Trade Regulation (http://www.law.cornell.edu/supct/search/index.html?query=(trade+and+regulation)+or+ftc)
U.S. Circuit Courts of Appeals: Recent Decisions on Trade Regulation (http://www.law.cornell.edu/usca/search/index.html?query=(trade+and+regulation)+or+ftc)

U.S. Constitution

CRS Annotated Constitution: Fourteenth Amendment: Rights Guaranteed, Privileges and Immunities of Citizenship, Due Process and Equal Protection (http://www.law.cornell.edu/anncon/search/display.html?terms=trade%20regulation&url=/anncon/html/amdt14a_user.html)

State Material

State Statutes

New York Agriculture and Markets Law (http://assembly.state.ny.us/leg/?cl=4), New York Alcohol Beverage Control Law (http://assembly.state.ny.us/leg/?cl=4),and New York General Business Law (http://assembly.state.ny.us/leg/?cl=44), California Food and Agricultural Code (http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fac&codebody=), and California Business and Professions Code (http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=bpc&codebody=) govern trade in numerous products and services
Other State Statutes Dealing with Business and Professions (http://www.law.cornell.edu/topics/state_statutes.html#business)

State Judicial Decisions

N.Y. Court of Appeals:
- Recent Decisions on Trade Regulation (http://www.law.cornell.edu/nyctap/search/index.html?query=trade+and+regulation+not+liibulletin)
- Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+trade+and+regulation)
Appellate Decisions from Other States (http://www.law.cornell.edu/states/listing.html)

Other References

Key Internet Sources

Federal Agencies:
- U.S. Dep't of Commerce (http://www.doc.gov/)
- International Trade Administration (http://www.ita.doc.gov/)
- Federal Trade Commission (http://www.ftc.gov)
- U.S. Dep't of Justice - Antitrust Division (http://www.usdoj.gov/atr/index.html)
- U.S. Dep't of Agriculture (http://www.usda.gov/)
State Agencies:
- New York Dep't of Agriculture & Markets (http://www.agmkt.state.ny.us/)
- New York State Liquor Authority (http://www.abc.state.ny.us/)
- California Dep't of Alcoholic Beverage Control (http://www.abc.ca.gov/)
- California Dep't of Food & Agriculture (http://www.cdfa.ca.gov/)

Useful Offnet (or Subscription - $) Sources

Good Starting Point in Print: Julian O. von Kalinowski, Antitrust Laws and Trade Regulation (http://bookstore.lexis.com/bookstore/catalog?action=product&prod_id=10219&cat_id=J&pcat_id=72&pub_id=1), Matthew Bender & Co. (2d Ed. 1996)

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