ELLIOT SPITZER wants to collect taxes on Internet sales. “The policy, based on a novel legal theory, could hasten the end of the Internet’s era as a duty-free marketplace if other states follow New York’s lead.” He’s going to be Mr. Popularity at this rate! But, for reasons briefly spelled out in this article, it seems unlikely that Spitzer’s “novel legal theory” will withstand Dormant Commerce Clause analysis.
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