[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 ...

Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss a recent 9th Circuit decision holding the Dormant ...

Discover how a new Supreme Court case about Arizona’s DtC wine shipping laws could reshape Dormant Commerce Clause alcohol ...

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 ...

In a recent press release, the Pennsylvania Attorney General announced that settlements have been reached with Delaware and Florida lenders who made allegedly usurious loans to Pennsylvania residents.

[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 ...

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 three‑judge panel of the U.S. Court of Appeals for the Ninth Circuit has ruled that the dormant Commerce Clause does not apply to state‑regulated cannabis markets. That decision keeps residency and ...

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 ...

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 ...

In 2018, California voters approved Proposition 12, a ballot initiative that its supporters describe as the country’s strongest law to protect farm animals. On Tuesday, the Supreme Court will hear ...