Cuno and the Court: The Case for Minimalism
BRANNON P. DENNING
Cumberland School of Law
Georgetown Journal of Law & Public Policy, Forthcoming
Abstract:
This paper uses Cass Sunstein's theory of judicial minimalism in Supreme Court decisions as a tool for examining the options the Court has before it when it considers Cuno v. DaimlerChrysler this term. In it, I describe possible dispositions that range from very narrow, minimalist decisions to maximalist decisions that could substantially alter the dormant Commerce Clause doctrine as we know it. It concludes with reasons why Cuno is a good case for "judicial minimalism".
HT: TaxProf Blog
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