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Burying Misconceptions about Trash and Commerce

其他書名	Why it is Time to Dump Philadelphia V. New Jersey
出版	SSRN, 2016
URL	http://books.google.com.hk/books?id=rwv7zgEACAAJ&hl=&source=gbs_api

註釋This article accordingly has a threefold purpose. In Parts I and II, I explore the factual and judicial background to the garbage-as-commerce controversy, emphasizing that misconceptions often obscure the real issues involved in trash management, trash politics, and trash jurisprudence. In Part III, I argue that numerous state and local efforts aimed at controlling primarily out-of-state waste streams, even when these efforts impose significant costs to interstate commerce, do not violate Philadelphia v. New Jersey's framework. Finally, I conclude, however, that the courts which have addressed commerce clause trash cases, in their attempts to fit within Philadelphia's framework, have exposed fundamental inconsistencies in that case which warrant overruling Philadelphia v. New Jersey.