Last week the First Circuit reached an interesting conclusion: the U.S. Constitution prohibits states from adopting protectionist legislation affecting illegal interstate markets. The case, Northeast ...

On December 29, 2022, over 18 months after cannabis became legal to sell in New York State, the first retail dispensary is scheduled to open. This begs the question – should it have taken this long?

This week, Arnold Loewy and Don May debate the Commerce Clause. Don writes an independent blog on lubbockonline.com and Arnold is the George Killiam Professor of Law at Texas Tech University School of ...

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 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 ...

If Jonathan Elfand is good at anything, it’s shipping weed across borders. In the 1990s, he smuggled cannabis from Mexico by sealing it inside empty salsa cans and packing them on a truck headed to ...

[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 ...