Topic
Commerce Clause
226 published works
Agricultural Law and Taxation Blog
From Pasture to Plate – Navigating the New Legal Feudalism
Overview The first quarter of 2026 has been a watershed moment for agricultural and food law, signaling a shift in the tectonic plates of our constitutional order. From the mandatory…
Product Perspective: Complex Tort & Product Law
Supreme Court Declines to Resolve Commerce Clause Challenge to Pennsylvania’s Consent-to-Jurisdiction Statute
By Caleb Hunt, Jonathon Duffy, Magda Patitsas
IntroductionOn October 6, 2025, the United States Supreme Court denied certiorari in Syngenta Crop, LLC v. Nemeth, passing on an opportunity to clarify its prior decision in Mallory v. Norfolk Southern…
Cooking with SALT
Florida Challenges California’s “Special Rule” Tax Apportionment Scheme in Supreme Court Original Jurisdiction Case
By H. French Brown, IV, Daniel McGinn
On October 28, 2025, Florida filed a motion for leave to file a bill of complaint in the United States Supreme Court challenging California's business income tax apportionment regulation, alleging…
Budding Trends
The Not So Dormant Commerce Clause
By Slates C. Veazey, Noah Matthews
Few areas of law have been able to expose the contradictions of federal cannabis policy quite like the Dormant Commerce Clause. The Constitution’s long-standing rule against state economic protectionism has…
Libation Law Blog
Washington Court Tries to Sidestep Granholm in Out-of-State Distiller Fight
In an opinion that will likely not stand for long, the U.S. District Court for the Eastern District of Washington in Shady Knoll Orchards & Distillery v. Vollendroff handed down…
Legal Theory Blog
Jordan on Burdens on Interstate Commerce
Andrew Jordan (University of Iowa - College of Law) has posted What on Earth is a Burden on Interstate Commerce? (120 Northwestern U. L. Rev. (Forthcoming)) on SSRN. Here is…
Legal Profession Blog
Run Off The Mills
The United States Court of Appeals for the Fourth Circuit affirmed the dismissal of litigation brought challenging Maryland laws involving puppy salesThe plaintiffs in this case want to sell dogs…
Budding Trends
Federal Court Rules That Illegal Acts Are Legal Because They Are Illegal: Cannabis Law in a Nutshell
I would love to hear from our award-winning readers if they are aware of a scenario when doing something illegal is legal because it’s illegal. Another federal court in California…
Law and the Workplace
Third Circuit Upholds New Jersey’s Temporary Workers’ Bill of Rights
By Evandro Gigante, Laura Fant, L.D. Jones
On July 24, 2024, the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s Temporary Workers’ Bill of Rights Law…
PrawfsBlawg
A Home Distillery and Prohibition
Main Monday, July 15, 2024A Home Distillery and ProhibitionIn more mundane news, there was an interesting District Court opinion out of Texas holding that the federal ban on at-home distilling…