Indiana University, Bloomington, Indiana. I would like to thank Francina Dlouhy, Partner at Baker and Daniels, for her insight and Professor R. George Wright for his advice and encouragement. Also, I would like to thank my family for their love, support, and many sacrifices. 1. Matthew Schaefer, State Investment Attraction Subsidy Wars Resulting from a Prisoner’s Dilemma: The Inadequacy of State Constitutional Solutions and the Appropriateness of a Federal Legislative Response, 28 N.M. L. REV. 303, 306-07 (1998). 2. Peter D. Enrich, Saving the States from Themselves: Commerce Clause Constraints on State Tax Incentives for Business, 110 HARV. L. REV. 377, 380 (1996). 3. See Guy v. Baltimore, 100 U.S. 434, 443-44 (1879) (holding unconstitutional a statute that required vessels to pay wharfage fees if transporting products not from the state of Maryland); Welton v. Missouri, 91 U.S. 275, 282 (1875) (holding unconstitutional a statute that required itinerant salesmen to purchase a license if selling goods produced out-of-state); Brown v. Maryland, 25 U.S. 419, 449 (1827) (holding unconstitutional a statute that required importers of out-of-state articles to purchase a license before being permitted to sell such articles). 4. Walter Hellerstein, Commerce Clause Restraints on State Tax Incentives, 82 MINN. L. REV. 413, 413 (1997); William J. Barrett VII, Note, Problems with State Aid to New or Expanding Businesses, 58 S. CAL. L. REV. 1019, 1023-24 (1985). 5. Court Ruling Jeopardizes Ohio Projects, TOL. BUS. J., Oct. 1, 2004, at 1. THE DORMANT COMMERCE CLAUSE: ECONOMIC DEVELOPMENT IN THE WAKE OF CUNO
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