[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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Apparently it’s the latter, according to the West Virginia Supreme Court Court of Appeals. The MBNA case is the latest in a long list of cases where state courts have decided what types of presence ...

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 ...

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 ...

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, ...