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Full-Text Articles in State and Local Government Law
Commerce Clause Restraints On State Tax Incentives, Walter Hellerstein
Commerce Clause Restraints On State Tax Incentives, Walter Hellerstein
Scholarly Works
The states' provision of tax incentives designed to encourage economic development within their borders has long been a feature of the American legislative landscape. Today every state provides tax incentives as an inducement to local industrial location and expansion. Indeed, scarcely a day goes by without some state offering yet another tax incentive to spur economic development, often in an effort to attract a particular enterprise to the state.
The debate over the efficacy and wisdom of state tax and other business incentives is intense and important, as other articles in this Symposium plainly reveal. My purpose here, however, is …
Insuring Domestic Tranquility: Lopez, Federalization Of Crime, And The Forgotten Role Of The Domestic Violence Clause, Jay S. Bybee
Insuring Domestic Tranquility: Lopez, Federalization Of Crime, And The Forgotten Role Of The Domestic Violence Clause, Jay S. Bybee
Scholarly Works
Lost in the discussions of the federalization of crime is the one clause in the Constitution that actually links Congress, the states, and the problem of local crime: the Domestic Violence Clause.
Long ignored by courts, the Domestic Violence Clause recognizes the primacy of the states in addressing domestic violence within their borders. It imposes on the federal government a duty to protect states against domestic violence, but only when states request assistance. The Domestic Violence Clause plays the role of a Tenth Amendment for crime. It is a reaffirmation of the enumerated powers doctrine and a promise of federal …