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Article
Toward a More Coherent Dormant Commerce Clause: A Proposed Unitary Framework
Harvard Journal of Law & Public Policy (1998)
  • Michael Anthony Lawrence, Michigan State University College of Law
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.

Keywords
  • dormant commerce clause,
  • Unitary Framework,
  • taxonomy
Disciplines
Publication Date
Spring 1998
Citation Information
Michael Anthony Lawrence, "Toward a More Coherent Dormant Commerce Clause: A Proposed Unitary Framework," 21 HARV. J.L.& PUB. POL’Y 471 (1998).