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Toward a More Coherent Dormant Commerce Clause: A Proposed Unitary Framework
- Author(s):
- Michael A. Lawrence
- Date:
- 1998
- Group(s):
- MSU Law Faculty Repository
- Subject(s):
- Constitutional law, Jurisprudence
- Item Type:
- Article
- Tag(s):
- dcc, dormant commerce clause, predictability, framework, Harv. J.L. & Pub. Pol'y, FacPubs
- Permanent URL:
- http://dx.doi.org/10.17613/tajm-ta33
- Abstract:
- The Dormant Commerce Clause (DCC), bane of generations of law students, lawyers, judges and state & local legislators, does not lend itself to easy analysis. Indeed, the U.S. Supreme Court itself at various times has described its own DCC doctrine as “hopelessly confused,” “a quagmire,” and “not predictable.” This article attempts to aid in simplifying the analytical task by providing a new Unitary Framework taxonomy designed to bring order and improved predictability to the Court’s DCC doctrine.
- Metadata:
- xml
- Published as:
- Journal article
- Status:
- Published
- Last Updated:
- 3 years ago
- License:
- Attribution-NonCommercial
facpubs56fulltext.pdf