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The Supreme Courts Municipal Bond Decision And The Market-Participant Exception To The Dormant Commerce Clause, Dan T. Coenen
The Supreme Courts Municipal Bond Decision And The Market-Participant Exception To The Dormant Commerce Clause, Dan T. Coenen
Scholarly Works
Does it violate the dormant Commerce Clause for a state to exempt interest earned on its own bonds, but no others, from income taxation? In a recent decision, the Supreme Court answered this question in the negative. Six members of the Court found the case controlled by the state-self-promotion exception to the dormancy doctrine's antidiscrimination rule. Three of those Justices, however, went further by also invoking the longstanding market-participant exception to sustain the discriminatory state tax break. This Essay challenges that alternative line of analysis. According to the author, the plurality's effort to apply the market-participant principle: (1) invites a …
The Right Of Privacy, Richard A. Posner
The Right Of Privacy, Richard A. Posner
Sibley Lecture Series
This Article is the text of the John A. Sibley Lecture delivered on March 2, 1978, at the University of Georgia School of Law, and is part of a collaborative project with George J. Stigler on the law and economics of privacy. The present Article attempts an economic analysis of the dissemination and withholding of information primarily in personal rather than business contexts. It is thus concerned with such matters as prying, eavesdropping, "self-advertising," and gossip. The line between personal and commercial is not always clear or useful, and I shall not maintain it unwaveringly; the emphasis, however, is on …