[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 ...

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 ...

There are generally two ways for states to alter their tax codes to encourage new labor and capital: by penalizing out-of-state companies or by rewarding in-state investment. Taxes levied on imports ...

Summer is upon us. Soon, the Supreme Court will release its final opinions of the term and go into recess, leaving those of us in the legal tech world to resume the activity that occupied most of ...

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 ...

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 ...

Pennsylvania's renewable energy mandate is finally facing a constitutional test. In a lawsuit filed September 3, West Virginia argues that Pennsylvania's requirement that many qualifying renewable ...

Last week in United States v. Hemani, the Supreme Court unanimously ruled that the government may not strip people of their Second Amendment rights or prosecute them for illegal gun possession simply ...

In a March commentary, we appraised a legal challenge filed by two companies involved in the mining and delivery of coal against several Washington state officials for their role in blocking approval ...