If Jonathan Elfand is good at anything, it’s shipping weed across borders. In the 1990s, he smuggled cannabis from Mexico by sealing it inside empty salsa cans and packing them on a truck headed to ...

National Pork Producers Council v. Karen Ross is a case that might be destined for the World Trade Organization, not the U.S. Supreme Court. After all, it seems to involve a non-tariff trade barrier, ...

Last week the First Circuit reached an interesting conclusion: the U.S. Constitution prohibits states from adopting protectionist legislation affecting illegal interstate markets. The case, Northeast ...

On December 29, 2022, over 18 months after cannabis became legal to sell in New York State, the first retail dispensary is scheduled to open. This begs the question – should it have taken this long?

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 ...

Although Thursday’s Supreme Court’s ruling on the Affordable Care Act restricted the degree Congress can use the Interstate Commerce Clause, the decision’s expansion of Congress’s taxing power sets a ...

This week, Arnold Loewy and Don May debate the Commerce Clause. Don writes an independent blog on lubbockonline.com and Arnold is the George Killiam Professor of Law at Texas Tech University School of ...