[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 ...
^ Arnold: First commerce clause case was in 1847 Jones and Laughlin seems like a strange case to earn the dishonor of Mr. Moster's worst ever Supreme Court decision in that it was neither the first ...
In an August 12, 2025, opinion, the U.S. Court of Appeals for the Second Circuit vacated an order from the Northern District that had denied preliminary injunctive relief to two California-owned ...
Airlines are creatures of interstate and international commerce: roaming the skies and crossing territorial boundaries to deliver passengers and cargoes to destinations not cabined by state lines. To ...
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 ...
[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 ...
Politico’s excellent overview of some of the rulings that might be brought to bear in the deliberations over the President’s healthcare law next week explains, in layman’s terms, how the decision ...
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 ...
Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss a recent 9th Circuit decision holding the Dormant ...
University of Pennsylvania Law Review and American Law Register, Vol. 62, No. 7 (May, 1914), pp. 549-556 (8 pages) ...