A number of U.S. states that have legalized the sale of marijuana are being sued by companies that have not entered the legal market, using the Constitution's dormant commerce clause as their basis ...

A three‑judge panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that the dormant Commerce Clause does not apply to state‑regulated cannabis markets. That decision keeps residency and ...

Discover how a new Supreme Court case about Arizona’s DtC wine shipping laws could reshape Dormant Commerce Clause alcohol ...

Last week the First Circuit reached an interesting conclusion: the U.S. Constitution prohibits states from adopting protectionist legislation affecting illegal interstate markets. The case, Northeast ...

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any ...

Few areas of law have been able to expose the contradictions of federal cannabis policy quite like the Dormant Commerce Clause. The Constitution’s long-standing rule against state economic ...

Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss a recent 9th Circuit decision holding the Dormant ...

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm ...

The original public meaning of the text of the Constitution is front and center these days, with Supreme Court majority and dissenting opinions alike invoking and debating that litmus test. On Tuesday ...

WASHINGTON —When the Supreme Court upheld the 1964 Civil Rights Act, the justices said next to nothing about racial equality, the ideal that drove the landmark law's enactment. Instead, the court ...

Log-in to bookmark & organize content - it's free! In the context of the landmark Civil Rights Cases, U.S. Civil Rights Commissioner Peter Kirsanow and Howard Law School Dean Danielle Holley-Walker ...

Journal Editorial Report: Paul Gigot interviews High Court specialist Ilya Shapiro. Evan Golub/Zuma Press Photo: Evan Golub/Zuma Press The Supreme Court is doing an originalist cleanup job on decades ...