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 ...
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 ...
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 ...
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 ...
[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 ...
The original public meaning of the text of the Constitution is front and center these days, with Supreme Court majority and dissenting opinions alike invoking and debating that litmus test. On Tuesday ...
Jefferson Packing House, an Oregon-based cannabis distribution company, has retracted its federal lawsuit challenging the state's ban on the interstate trade of marijuana. Launched in late 2022, ...
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 ...
From Jingrong v. Chinese Anti-Cult World Alliance Inc., decided today by the Second Circuit (Judge Susan Carney, joined by Judges John Walker and Pierre Leval): This appeal presents the question of ...
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 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 ...
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 ...
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