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 ...

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 ...

As I noted in a separate post, the legal advocacy group Neutral Principles engaged Erik Jaffe and me to draft an amicus brief for them in Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder ...

The dormant Commerce Clause is one of the oldest constitutional doctrines, dating to the early 1800s. The Commerce Clause of the Constitution gives Congress the authority to regulate interstate ...

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 ...

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 ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

The U.S. Supreme Court's recent decision in Dobbs v. Jackson Women's Health Organization, which eliminated the constitutional right to abortion, has prompted concerns that Republican-led state ...

Type to search articles, cases, and authors. Press ↵ to view all results. California wants to ensure that pork products sold in the state come from humanely raised pigs, but the pork industry argues ...

Disagreeing with successive rulings on the issue by a federal district court, the U.S. Court of Appeals for the Sixth Circuit has imposed a preliminary injunction on a Kentucky law that directs the ...