Download This PaperBoycotting the Boycotters: Turnabout Is Fair Play Under the Commerce Clause and the Unconstitutional Conditions Doctrine
40 Campbell L. Rev. 29 (2018)
41 Pages Posted: 7 Sep 2017 Last revised: 20 Feb 2018
Date Written: September 5, 2017
Abstract
This paper is a review of the constitutionality of state laws that prohibit the state from investing in, or contracting with, parties engaged in certain boycott activity. In particular, as the boycotts subject to state regulation are often connected to the so-called “BDS movement” that has been active in promoting commercial and academic boycotts of Israel, the paper focuses on the background of BDS and how the nature of BDS impacts the analysis of Commerce Clause and Unconstitutional Conditions Doctrine applicability.
Keywords: BDS, boycott, divest, sanctions, Israel, SJP, CAIR, JVP, MSA, AMP, constitution, commerce clause, unconstitutional conditions doctrine, aclu, HLR, ACLU, Kansas, Arizona
JEL Classification: K00, K10, K19, K30, K33
Suggested Citation: Suggested Citation