![]() ![]() Because the provision of higher education is deemed not to be a fundamental right, the individual states that have universities may charge higher tuition to out-of-state students. ![]() The most ubiquitous example of a service offered by the individual states is the operation of public universities. The State may not avail itself of the market-participant doctrine to immunize its downstream regulation of a market it is not actually a participant." Id. "Downstream restrictions have a greater regulatory effect than do limitations on the immediate transaction. The State may not impose conditions, whether by statute, regulation, or contract, that have a substantial regulatory effect outside of that particular market." South-Central Timber Development, Inc. "The limit on the Market Participant Exception is that it allows a State to impose burdens on commerce within the market in which it is a participant but allows it to go no further. Massachusetts Council of Construction Employers, Inc., 460 U.S. "There are some limits on a state or local government's ability to impose restrictions that reach beyond the immediate parties with which the government transacts business." White v. 429 (1980), the Court relied upon "the long recognized right of trader or manufacturer, engaged in an entirely private business, freely to exercise his own independent discretion as to parties with whom he will deal." ![]() "Nothing in the purposes animating the Commerce Clause prohibits a State, in the absence of congressional action, from participating in the market and exercising the right to favor its own citizens over others." Hughes v. 429 (1980), in which the Court upheld South Dakota's right to give South Dakota residents preferential treatment in the purchase of cement produced at a cement plant owned and operated by the state. This principle was established by the United States Supreme Court in Reeves, Inc. When a state is acting in such a role, it may permissibly discriminate against non-residents. State which is acting as a producer or supplier of a marketable good or service. The term market participant is also used in United States constitutional law to describe a U.S. For example, buyers and sellers are two common types of agents in partial equilibrium models of a single market. The term market participant is another term for economic agent, an actor and more specifically a decision maker in a model of some aspect of the economy. JSTOR ( December 2009) ( Learn how and when to remove this template message).Unsourced material may be challenged and removed.įind sources: "Market participant" – news Please help improve this article by adding citations to reliable sources. ![]()
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