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 ...

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 ...

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 ...

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 ...

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 ...

[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 ...

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 ...

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 ...

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 ...

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Puerto Rican news agencies have a First Amendment right to audio of proceedings in a case of ...