Also known as: out-of-state · absent from the state
Written by attorneys · grounded in primary & secondary sources — see below
A location or origin outside the territorial boundaries of a given state.
State officials enact a rule barring shipment of baitfish harvested locally to buyers located out of the state. An out-of-state angler seeks to purchase the fish for resale in his home market. The prohibition is challenged as economic protectionism that burdens interstate commerce.
A state imposes a higher disposal fee on hazardous waste generated out of the state than on identical waste produced locally. An out-of-state generator pays the surcharge under protest and sues. The differential is attacked as discriminatory treatment based solely on origin.
Select any source to read its text and confirm it supports the definition.
A city ordinance requires all solid waste produced within its limits to be processed at a designated in-state facility before it may leave the municipality. An out-of-state processor offers lower rates but is barred from receiving the waste. The ordinance is challenged as a protectionist barrier to interstate commerce.
Congress enacts a statute expressly permitting states to impose surcharges on out-of-state nuclear waste. State A adopts the authorized fee schedule. An out-of-state shipper pays the surcharge and later contests its validity under the Dormant Commerce Clause.
An out-of-state lawyer performs legal services in a jurisdiction where he is not licensed. After completing the work he seeks to recover his fees from the client. The client refuses payment on the ground that the services constituted unauthorized practice of law.
A state requires applicants for bar admission to maintain residency within its borders. An out-of-state lawyer who meets all other qualifications is denied admission solely because of his residence. The lawyer challenges the rule as violating the Privileges and Immunities Clause.
A surcharge violates the clause when it imposes higher costs on waste originating out of the state than on identical in-state waste without congressional authorization. Discriminatory cost differentials based on origin are presumptively invalid. Express congressional permission can validate such measures.
Yes. Requiring all locally generated waste to be processed at a designated in-state facility before export erects a protectionist barrier. The rule prevents out-of-state processors from competing for the business and is unconstitutional under the Dormant Commerce Clause.
No. Statutes prohibiting unauthorized practice are construed liberally to protect the public. A lawyer not licensed in the state cannot lawfully perform legal services there and therefore cannot recover compensation for those services.
Yes when they exclude nonresidents from the common calling of law practice without substantial justification. Speculative concerns about availability or familiarity with local rules do not suffice to uphold the discrimination against out-of-state lawyers.
…no means limited to cases with racial overtones; it can be used in other fields where public feelings may make local as well as out-of-state newspapers easy prey for libel verdict seekers. In my opinion the Federal Constitution has dealt with this deadly danger to the press in the only way possible without leaving the free…