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Description

The author criticizes the decision of the U.S. Court of Appeals for the Sixth Circuit in Cuno v. DaimlerChrysler Inc., in which the court ruled that Ohio's investment tax credit violated the U.S. Constitution's Commerce Clause. Zelinsky says the dormant Commerce Clause concept of nondiscrimination is overbroad and undefinable and should be abandoned. He hopes this decision will give the U.S. Supreme Court an opportunity to reassess the concept.

Publication Date

Winter 2006

Volume

4

Publisher

Georgetown Journal of Law & Public Policy

First Page

119

Keywords

U.S. Constitution, Supreme Court of the United States (SCOTUS)

Disciplines

Constitutional Law | Law | Taxation-Federal | Taxation-Transnational | Tax Law

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