Reason

The Dormant Commerce Clause and Geolocation: Introduction

[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 ...
JD Supra

The Interstate Commerce and the Dormant Commerce Clause in Light of Rescheduling

This is the ninth of 13 posts describing the impacts of marijuana’s rescheduling. An homage to Phish’s historic run at Madison Square Garden in the Summer of 2017, Budding Trends Baker’s Dozen will ...
Reason

The Dormant Commerce Clause, Publishers, the Internet, and Tort Law

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm ...
Law

The 'State' of Cannabis Banking—The Dormant Commerce Clause

As states continue promulgating more legislation to regulate the rapidly growing industry, which will doubtlessly include more banking regulation, financial institutions should be wary of a lurking ...
JD Supra

Supreme Court Declines to Resolve Commerce Clause Challenge to Pennsylvania’s Consent-to-Jurisdiction Statute

The roots of this issue trace to the Supreme Court’s 2023 decision in Mallory v. Norfolk Southern Railway Co., 600 U.S. 122 (2023). As we outlined in the Product Perspective, the Mallory Court vacated ...
Washington Post

Using the dormant commerce clause to challenge state computer crime statutes

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 ...