To protect minnows that live in state waters, Oklahoma prohibited shipping or selling minnows out of state.

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To protect minnows that live in state waters, Oklahoma prohibited shipping or selling minnows out of state. Hughes was convicted of transporting minnows from Oklahoma to Texas. He bought the minnows from a dealer licensed to do business in Oklahoma. If the minnows had been captured and sold within the state, it would have been legal. It was illegal to take the fish across the state line. The Oklahoma Court of Criminal Appeals upheld the statute and Hughes's conviction as consistent with Oklahoma's interest in protecting its natural resources. Hughes appealed.


1. The Court held that the Oklahoma law unfairly discriminated against interstate commerce. How could the state have designed a regulation to achieve the same result, to protecting minnows, without harming interstate commerce?

2. Suppose Oklahoma got other states to agree to a restriction on the interstate shipment of minnows to help other states protect their resources.

Would that be a reasonable compromise?


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A dealer in the securities market is an individual or firm who stands ready and willing to buy a security for its own account (at its bid price) or sell from its own account (at its ask price). A dealer seeks to profit from the spread between the...
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The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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