The Clearfield Doctrine, established in the Supreme Court case Clearfield Trust Co. v. United States, 318 U.S. 363 (1943), provides a critical lens to view the U.S. government’s role in commerce and contract law. This doctrine reveals that when the government engages in "commercial" transactions, it acts as a private entity and forfeits any claim to sovereign immunity. Its implications ripple through contract law, the Uniform Commercial Code (UCC), and the understanding that everything, factually and legally, is commerce. Everything the Government does is "commercial." Think about that for a moment…
Download Copy. 829 Case No. 14,459. 24FED.CAS.—53 UNITED STATES V. ANTHONY. [11 Blatchf. 200; 5 Chi. Leg. News. 462, 493; […]