State Bans On Offshore Contracting

Posted on January 7, 2009 by Sheppard Mullin

Introduction

By John W. Chierichella (B.A., Cornell University, 1969)

From time to time in this blog, we have reported on developments relating to federal restrictions on the direct or indirect acquisition of offshore resources, with the ever evolving restrictions on the acquisition of specialty metals being a particular bête noire of our contributors.  This month we are pleased to provide a guest contribution on a related topic -- state prohibitions and/or restrictions on offshore procurement.  It is one thing for the federal government to impose limits on foreign commerce.  It is altogether different -- and a question of Constitutional dimension -- for states to do so.  This month's contribution, provided to us by Michael A. Zuckerman with the permission of The Cornell Law Review, examines this question in detail. Our thanks to both for their willingness to provide their analysis of this issue to our subscribers.  To read Mr. Zuckerman's Note, entitled "The Offshoring of American Government," click here.

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