Law

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

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 ...
Reuters

9th Circuit says Dormant Commerce Clause does not apply to cannabis, sparking circuit split

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.
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 ...
Reason

The Dormant Commerce Clause, Social Media Platforms, and Restrictions on Political Discrimination

[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 ...
JD Supra

Can the Dormant Commerce Clause Shield Airlines from Applying State Wage-and-Hour Laws to Employees who Fly Predominately Outside that State?

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 ...