Jack Goldsmith's and my article with this title is now out in the Texas Law Review, as is David Post's response (many thanks for writing that, David!). Many of our readers are already familiar with it ...

[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 ...

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 ...

When the U.S. Supreme Court hears oral arguments over the next three days in cases challenging President Obama’s national health care law, justices will wrestle with a number of complex constitutional ...

WASHINGTON —When the Supreme Court upheld the 1964 Civil Rights Act, the justices said next to nothing about racial equality, the ideal that drove the landmark law's enactment. Instead, the court ...

Journal Editorial Report: Paul Gigot interviews High Court specialist Ilya Shapiro. Evan Golub/Zuma Press Photo: Evan Golub/Zuma Press The Supreme Court is doing an originalist cleanup job on decades ...

Despite the rapid expansion of state-legal cannabis markets, the constitutional limits on how states may regulate those markets remain unsettled.

This article was originally on a blog post platform and may be missing photos, graphics or links. See About archive blog posts. Time will tell whether Wednesday’s Supreme Court ruling on ...

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 ...

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 ...