Abused and overworked, the Commerce Clause in Article I of the U.S. Constitution authorizes Congress to regulate commerce “with foreign nations the Indian Tribes [and] among the several states.” Today ...

[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 ...

March 2 marks the anniversary of the Supreme Court’s landmark decision in Gibbons v. Ogden. Decided in 1824, Gibbons was the first major case in the still-developing jurisprudence regarding the ...

Type to search articles, cases, and authors. Press ↵ to view all results. Bradley W. Joondeph is the Inez Mabie Distinguished Professor and Associate Dean for Academic Affairs at the Santa Clara ...

Type to search articles, cases, and authors. Press ↵ to view all results. The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short ...

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 ...

In a March commentary, we appraised a legal challenge filed by two companies involved in the mining and delivery of coal against several Washington state officials for their role in blocking approval ...

The Indian Commerce Clause will be a major issue in the Nov. 9 Supreme Court argument in Brackeen v. Haaland. The questions presented are: (1) Whether the Indian Child Welfare Act of 1978's placement ...

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 ...

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 ...

A pair of energy-producing states may face ideological challenges in their quest for a high court review of Washington state’s blockade against the last major coal export project on the West Coast. A ...