[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 ...

Jack Goldsmith's and my article with this title is now out in the Texas Law Review, as is David Post's response (many thanks for writing that, David!). Many of our readers are already familiar with it ...

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 ...

When the U.S. Supreme Court hears oral arguments over the next three days in cases challenging President Obama’s national health care law, justices will wrestle with a number of complex constitutional ...

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 ...

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 ...

Roscoe Filburn owned a wheat farm in rural Montgomery County, Ohio. When he used his own farm to feed his own family, he fell under the hammer of the federal government. It was 1938, and America was ...

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 ...

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 ...

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 ...

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 ...