Boston College Law Review

Articles from Vol. 58, No. 3, 2017

Budding Conflicts: Marijuana's Impact on Unsettled Questions of Tribal-State Relations
INTRODUCTIONIn some ways, we have been here before. In 1987, the U.S Supreme Court decided California v. Cabazon Band of Mission Indians, holding that, under most circumstances, states lacked authority to enforce state anti-gaming laws against tribal...
General Theory of Preemption: With Comments on State Decriminalization of Marijuana
IntroductionControversy about marijuana laws has moved from political circles into the courts. Nowadays many Americans treat marijuana as casually as their parents treated a martini. But not all; as with same sex marriage, the relaxed acceptance of certain...
Introduction: Marijuana Laws and Federalism
In 1971, as a college freshman debater, one of the issues we debated was whether marijuana should be legalized. As I researched the topic, the arguments were overwhelmingly in favor of legalization, and it was difficult to put together a credible case...
Marijuana Legalization and Nosy Neighbor States
INTRODUCTIONFor the better part of the past two decades, the prospect of federal interference has been a pressing concern for state marijuana legalization laws. After Californians approved the first modern medical marijuana legalization ballot measure...
Marijuana, State Extraterritoriality, and Congress
INTRODUCTIONAlthough federal law prohibits the possession, sale, and transportation of marijuana,1 the Obama administration signaled that it would tolerate marijuana in states that legalized its use. Since then, the number of states that permit marijuana...
Policy, Preemption, and Pot: Extraterritorial Citizen Jurisdiction
INTRODUCTIONBattles over many contemporary social questions have been through enactment of laws symbolically and practically reflecting particular posi© tions. In recent decades, states have taken divergent positions on reproductive rights, same-sex...
Reefer Madness: How Non-Legalizing States Can Revamp Dram Shop Laws to Protect Themselves from Marijuana Spillover from Their Legalizing Neighbors
IntroductionMarijuana legalization is sweeping the nation, bringing with it difficult legal and policy challenges. Although some states decriminalized marijuana in the 1970s,1 most scholars trace the legalization movement to 1996, when California became...
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