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Good Cop, Bad Cop: Federal Prosecution of State-Legalized Medical Marijuana Use After United States v. Lopez
(California Law Review, 2000)
The Supreme Court's recent decisions in United States v. Lopez and United States v. Morrison articulate a vision of federalism under which Congress's regulatory authority under the Commerce Clause is severely limited in ...
A Critical Appraisal of the Department of Justice's New Approach to Medical Marijuana
(Stanford Law & Policy Review, 2011)
The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hard-ball tactics favored by earlier Administrations, Attorney General Eric Holder announced in ...
On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime
(Vanderbilt Law Review, 2009)
Using the conflict over medical marijuana as a timely case study, this Article explores the overlooked and underappreciated power of states to legalize conduct Congress bans. Though Congress has banned marijuana outright, ...