Functional analysis, subsidies, and the dormant commerce clause

Article Abstract:

The US Supreme Court attempted to establish a bright-line test for the permissibility of state subsidies in West Lynn Creamery, Inc. v. Healy, but the distinctions the Court draws are artificial and inconsistent with the goals of the Commerce Clause. The Court used the dormant commerce clause to strike down a state tax on the milk industry. The Court stated that the tax would have been permissible if the subsidies paid to in-state producers would have been paid from general funds and not from a separate account. The better approach would be to strike down any industry-specific taxes not justified by the externalities the industry imposes.

Interstate commerce, Case Note, Subsidies

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"Common sense" legislation: the birth of neoclassical tort reform

Article Abstract:

The "common sense" tort reforms introduced in the US Congress in 1995 are based on classical tort reform arguments introduced by academics in the 1970s, and legislators should look to more contemporary scholarship to find more enlighten ways to reform the tort system. Classical tort reform was a response to the expansion of the tort system in the progressive era. The modernist approach now dominant in legal scholarship is better able to limit abuses of the tort system without damaging access to insurance or weakening the deterrent effect of the tort system.

Analysis, Laws, regulations and rules, Influence, Jurisprudence, Law and politics

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State tort reform - Ohio Supreme Court strikes down state General Assembly's tort reform inititative - State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999)

Article Abstract:

An Ohio Supreme Court ruling invalidating a state tort reform initiative on the ground that it usurps judicial power is discussed. The author argues that the state court should not have relied on the 'one-subject' rule to strike down the entire law.

Ohio

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