[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 ...

[Update 4/27 - This posting has generated an unusually vigorous and enlightening discussion in the Comments section. Recommended reading.] The argument, while plausible enough, strikes me as misguided ...

Federalism — the allocation between federal and state governments — is at the heart of American constitutional law. In a dispute related to the constitutionality of California state regulations ...

Many state laws apply to internet communications. Indeed, we take many such laws for granted. If you publish an online magazine or a blog that comments on people from all fifty states, you might be ...

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 ...

August 2, 2023 - While we all sit around and twiddle our thumbs waiting for the Congress to de-schedule cannabis, some western states are quietly investigating the possibility of interstate cannabis ...

March 12, 2026 - The 9th U.S. Circuit Court of Appeals kicked off 2026 by deepening one of the most consequential fault lines in US cannabis law. Its January 2 decision in Peridot Tree WA, Inc. v.