Topic
Commerce Clause
226 published works
SALT Shaker
New York Court of Appeals Dismisses Commerce Clause Challenge For Lack of a “Substantial Constitutional Question”
By Maria Todorova, Eversheds Sutherland SALT
New York’s highest court dismissed taxpayers’ appeal of an Appellate Division ruling that the payment of tax on intangible income to New York as statutory residents, without a credit for…
On Reserve: A Wine Law Blog
Supreme Court Says Tennessee Law Requiring Citizenship for Alcohol Retail License is Unconstitutional
Today, the Supreme Court struck down on a Tennessee regulation that requires residency of two years for applicants applying for an in-state retail alcohol license. In a 7-2 decision, the…
Agricultural Law and Taxation Blog
Wayfair Does Not Mean That a State Can Always Tax a Trust Beneficiary
OverviewLast year, the U.S. Supreme Court decided South Dakota v. Wayfair, 138 S. Ct. 2080 (2018), upholding South Dakota’s ability to collect taxes from online sales by sellers with no…
Constitutional Law Prof Blog
Fourth Circuit Upholds Federal Hate Crimes Statute Against As-Applied Commerce Clause Challenge
The Fourth Circuit this week rejected an as-applied Commerce Clause challenge to the Matthew Shepard & James Byrd, Jr. Hate Crimes Prevention Act of 2009. The divided court (2-1) ruled…
Wills, Trusts & Estates Prof Blog
Article on Wayfair: Its Implications and Missed Opportunities
Richard D. Pomp recently published an Article entitled, Wayfair: Its Implications and Missed Opportunities, Tax Law: Tax Law & Policy eJournal (2019). Provided below is an abstract of the Article.This…
Wills, Trusts & Estates Prof Blog
Article on South Dakota v. Wayfair: Way Unfair?
Josey Ventulan recently published an Article entitled, South Dakota v. Wayfair: Way Unfair?, Tax Law: Tax Law & Policy eJournal (2019). Provided below is an abstract of the Article.Has a…
Libation Law Blog
Farm wineries’ 8th Circuit Commerce Clause case challenges a state licensing law requiring their wines contain a majority of in-state grapes. BONUS: We’ve got the briefs and oral argument for you.
Two Minnesota farm wineries brought a challenge to a Minnesota Farm Winery Act restriction mandating that in order to have the benefits of the Farm Winery license (direct to consumer…
Drug Pricing Policy Watch
Maryland Forges Ahead on Drug Price Transparency
Only weeks after the Supreme Court declined to hear Maryland’s appeal of the 4th Circuit decision striking down the state’s recent drug price transparency law, the Maryland legislature has again…
Alcohol Law Advisor
District Court Decision Rejects Commerce Clause Challenge to Missouri’s Retailer Wine Shipping Laws
By Marc Sorini
On Friday, March 29, the US District Court for the Eastern District of Missouri handed down its decision in Sarasota Wine Market v. Parson, No. 4:17CV2792. The decision upholds Missouri’s…
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…