‘NCAA’
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...
May Competitive Athletes Use Marijuana?
Dec. 13, 2019—The question posed by the title of this post is inspired by news that Major League Baseball (MLB) will no longer test or sanction players for using marijuana. The change is one of several the league and its Players Association recently agreed to make to their 2006 Joint Drug Program (JDP). The joint announcement of...
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...