‘Murphy’
New Paper on Murphy v. NCAA, Commandeering, and State Marijuana Reforms
Jun. 15, 2020—I’ve just posted a new paper analyzing Murphy v. NCAA, the Supreme Court’s 2018 decision invalidating a federal statute that barred the states from legalizing sports gambling: Murphy’s Mistake, and How to Fix it (SSRN). I previously blogged about the case here. The new paper discusses the case and its implications for state marijuana reforms in much greater depth. The paper has also been...
Recapping 3 Notable Federal Developments Affecting Marijuana Law in 2018
Aug. 2, 2018—The title of this post was the focus of my remarks on a panel at the 2018 National Conference of State Legislatures (NCSL) annual summit in Los Angeles, held at the end of July. The panel drew a packed room, attesting to state lawmakers’ interest in marijuana law and policy. You can watch the full...
The Implications of Murphy v. NCAA for State Marijuana Reforms
May. 17, 2018—[Updated for clarity] On Monday, the Supreme Court decided a case that should help insulate state marijuana legalization from preemption challenge. The decision in Murphy v. NCAA invalidated a federal law–the Professional and Amateur Sports Protection Act (PASPA)—that had prohibited the states from (inter alia) “authoriz[ing] by law” sports gambling. 28 U.S.C. § 3702(1). I’ll summarize the...