Abstract

This paper is a review of the constitutionality of state laws that prohibit the state from investing in, or contracting with, parties engaged in certain boycott activity. In particular, as the boycotts subject to state regulation are often connected to the so-called “BDS movement” that has been active in promoting commercial and academic boycotts of Israel, the paper focuses on the background of BDS and how the nature of BDS impacts the analysis of Commerce Clause and Unconstitutional Conditions Doctrine applicability.

This is an initial draft being posted for review and comment and as such is subject to revision. The paper will be reviewed and edited to correct typos and citations and to revise the substantive text as comments are received.