Abused and overworked, the Commerce Clause in Article I of the U.S. Constitution authorizes Congress to regulate commerce “with foreign nations the Indian Tribes [and] among the several states.” Today ...

Last week, an epic series of constitutional challenges finally made its brawling, hotly anticipated way into the U.S. Supreme Court’s stately chamber, as the Court heard argument on the fate of the ...

[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 ...

March 2 marks the anniversary of the Supreme Court’s landmark decision in Gibbons v. Ogden. Decided in 1824, Gibbons was the first major case in the still-developing jurisprudence regarding the ...

Professor Greg Ablavsky, perhaps the leading historian of Federal Indian Law, has a short piece up on SSRN replying to a short piece by Professor Rob Natelson, whose work frequently appears on this ...

^ 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 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 ...

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 ...

This is a guest post by Veta T. Richardson, the president and chief executive officer of the Association of Corporate Counsel, a global bar association headquartered in Washington that is dedicated ...