Statute
21st Amendment
21 published works
Ignorantia Legis Non Excusat
The Tennessee Wine Case: Selling Wine Before Your Time/Double Jeopardy and a 170-Year Old Precedent
This post is about two cases that are currently before the Supreme Court. Both have been argued; we are just waiting for a decision in each. The first case is…
Alcohol Law Advisor
Recent Retailer Direct Shipping Opinion Illustrates Stakes in Upcoming Supreme Court Review
By Marc Sorini
The recent US District Court for the Eastern District of Michigan opinion strikes down a Michigan statue and authorizes out-of-state retailers to sell and ship wine directly to Michigan consumers.…
Alcohol Law Advisor
US Supreme Court to Review State Residency Requirements
By Arthur J. DeCelle, Marc Sorini
The “final word” may be in sight in a long-running dispute over state residency requirements imposed on applicants for retail alcohol beverage licenses as well as more fundamental questions about…
Alcohol Law Advisor
US Supreme Court Asked to Clarify the Interaction Between the 21st Amendment and the Commerce Clause
By Marc Sorini
The Texas Package Stores Association has asked the US Supreme Court (via a “Petition of Certiorari”) to hear a case that could clarify the interaction between the 21st Amendment and…
Sentencing Law and Policy
“Want to Stop Gun Violence? End The War On Drugs”
Main August 16, 2016"Want to Stop Gun Violence? End The War On Drugs"The title of this post is the title of this notable commentary by Jay Stooksberry that backs up…
Alcohol Law Advisor
Guidance Provided on Interplay of “Dormant” Commerce Clause and the 21st Amendment
By Marc Sorini
On April 21, the US Court of Appeals for the Fifth Circuit handed down its opinion in Cooper v. Texas Alcoholic Beverage Commission, No. 14-51343. It provides further guidance, at…
Sentencing Law and Policy
Justice Department urges SCOTUS to refuse to take up original suit about marijuana brought by neighbor states against Colorado
Main December 17, 2015Justice Department urges SCOTUS to refuse to take up original suit about marijuana brought by neighbor states against ColoradoAs discussed here by Rob Mikos over at my…
Alcohol Law Advisor
Towards Liquor Control: A Critical Analysis
By Marc Sorini
First published in 1933, shortly before passage of the 21st Amendment repealing Prohibition, Raymond Fosdick and Albert Scott’s Toward Liquor Control is still used by many in the industry to…
Sentencing Law and Policy
Linking state pot initiatives to prior push back against Prohibition
Main September 26, 2012Linking state pot initiatives to prior push back against Prohibition Jacob Sollum has this new piece on state marijuana reform efforts at Reason.com under the headline "The…
Sentencing Law and Policy
Should we end a failed expensive war (the war or drugs) during these hard economic times?
Main December 3, 2008Should we end a failed expensive war (the war or drugs) during these hard economic times?I have been thinking a lot lately about how the tough economic…