[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 ...

Recently, the Department of Health and Human Services recommended to the Drug Enforcement Administration that cannabis be rescheduled on the Controlled Substances Act (“CSA”) from a I to a III. At the ...

[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 ...

With the cannabis industry growing rapidly and an increasing number of states legalizing the federally outlawed drug, out-of-state market participants are trying to strike down certain aspects of ...

The surprise this morning, aside from the fact that the Affordable Care Act survived, is how the court majority reached its conclusion, especially as it relates to the individual mandate. The ...

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 ...

Many state laws apply to internet communications. Indeed, we take many such laws for granted. If you publish an online magazine or a blog that comments on people from all fifty states, you might be ...

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 ...

Welcome back to Higher Law, our weekly briefing on all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento. This week we're looking at: The possible release of HHS' rescheduling ...

The Annenberg Classroom released a new film about the Constitution’s Commerce Clause that will be showcased at teacher workshop events throughout the year. The project — an initiative by the Annenberg ...

This April 17, 2015 photo shows stacks of gambling chips on a roulette table at the Tropicana Casino and Resort in Atlantic City, N.J. (AP Photo/Wayne Parry) (CN) — A Ninth Circuit panel on Friday ...