[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 ...

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 ...

^ Arnold: First commerce clause case was in 1847 Jones and Laughlin seems like a strange case to earn the dishonor of Mr. Moster's worst ever Supreme Court decision in that it was neither the first ...

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, ...

In an August 12, 2025, opinion, the U.S. Court of Appeals for the Second Circuit vacated an order from the Northern District that had denied preliminary injunctive relief to two California-owned ...

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 ...

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 ...

September 10, 2025 - As readers of this column know, New York's Adult-Use licensing scheme has experienced numerous challenges, both operationally and in court. Last month, the 2nd U.S. Circuit Court ...

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 ...

Computer crime law is mostly a federal law field. Because computer crimes cross state and national boundaries, the federal government ends up doing most of the investigations and prosecutions. The ...