Re:To Compete Better, States Are Trying to Curb Noncompete P...
by umanwizard on Tuesday June 28, 2016 @09:08PM
(#11998834)
That article doesn't talk about constitutionality at all.
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Re:To Compete Better, States Are Trying to Curb Noncompete P...
by chrisbennet on Tuesday June 28, 2016 @09:43PM
(#11998969)
Oh, you're right. I don't know how that legal argument derives from constitution.
Re:To Compete Better, States Are Trying to Curb Noncompete P...
by Bartweiss on Wednesday June 29, 2016 @10:47AM
(#12001946)
As is usually the answer with business, it's the Commerce Clause. ("Congress shall have the power... to regulate commerce... among the several states")
It's a basically open-ended constitutional grant to regulate business, with the only caveat being that it's restricted to activities which affect the flow of commerce across state lines.
Re:To Compete Better, States Are Trying to Curb Noncompete P...
by umanwizard on Thursday June 30, 2016 @05:19PM
(#12011825)
That would give Congress the power to regulate these contracts; it wouldn't make them unconstitutional automatically, unless there's some argument I'm missing.
Re:To Compete Better, States Are Trying to Curb Noncompete P...
by Bartweiss on Friday July 01, 2016 @09:45AM
(#12015950)
True enough, I'm not sure why the word 'unconstitutional' was used. This seems to be a pretty clear case of "laws enabled by the commerce clause", so all it would take is a repeal of Sherman to change the situation.