[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 ...

There are generally two ways for states to alter their tax codes to encourage new labor and capital: by penalizing out-of-state companies or by rewarding in-state investment. Taxes levied on imports ...

This is the ninth of 13 posts describing the impacts of marijuana’s rescheduling. An homage to Phish’s historic run at Madison Square Garden in the Summer of 2017, Budding Trends Baker’s Dozen will ...

Summer is upon us. Soon, the Supreme Court will release its final opinions of the term and go into recess, leaving those of us in the legal tech world to resume the activity that occupied most of ...

So, for example, even when combined with the Necessary and Proper Clause giving Congress power to make all laws which shall be necessary and proper for carrying into execution its enumerated powers, ...

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 ...

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 ...

Last week in United States v. Hemani, the Supreme Court unanimously ruled that the government may not strip people of their Second Amendment rights or prosecute them for illegal gun possession simply ...

As states continue promulgating more legislation to regulate the rapidly growing industry, which will doubtlessly include more banking regulation, financial institutions should be wary of a lurking ...

Pennsylvania's renewable energy mandate is finally facing a constitutional test. In a lawsuit filed September 3, West Virginia argues that Pennsylvania's requirement that many qualifying renewable ...

Type to search articles, cases, and authors. Press ↵ to view all results. This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Puerto Rican news ...

Amy Dru Stanley is a history professor at the University of Chicago and the author of the forthcoming book “The Antislavery Ethic and the Spirit of Commerce: An American History of Human Rights.” For ...