Marijuana Law, Policy, and Authority

sports gambling

New Paper on Murphy v. NCAA, Commandeering, and State Marijuana Reforms

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…

Posted by on June 15, 2020 in News, Updates, , , , , , , , , , , , , , , ,


The Implications of Murphy v. NCAA for State Marijuana Reforms

[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…

Posted by on May 17, 2018 in News, Updates, , , , , , , , , , , , , , , , , , , ,


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