Reason

The Dormant Commerce Clause and Internet User Protections

[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, the Internet, and Geolocation

[Update 4/27 - This posting has generated an unusually vigorous and enlightening discussion in the Comments section. Recommended reading.] The argument, while plausible enough, strikes me as misguided ...
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 ...
Reuters

Demystifying the dormant commerce clause's considerations for cannabis

August 2, 2023 - While we all sit around and twiddle our thumbs waiting for the Congress to de-schedule cannabis, some western states are quietly investigating the possibility of interstate cannabis ...
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.