[Am-info] States' remedy?

j0h3l17-o4p@pop.earthlink.net j0h3l17-o4p@pop.earthlink.net
Tue, 20 Aug 2002 00:31:49 -0700


Is that section of the B&P Code unconstitutional, then?  MS cannot be 
prohibited from soliciting and selling in California *even if it has 
violated California law*?  This is like saying that a lawyer that has 
been disbarred in California must still be permitted to advertise her 
New York practice in California, no?

>There's conducting business, and there's "conducting business."  The
>term as used in many state statutes means to maintain a permanent
>office in the state, have permanent resident salespeople in the state,
>own real property in the state for commercial purposes, etc.  Those
>activities may properly be regulated (or taxed), but prohibiting an
>out of state corporation from soliciting sales (except for sales of
>alcoholic beverages, which have their own constitutional amendment and
>thus are special) from domestic residents would raise the problems you
>allude to.


eje