New Law Review Article Offers Comprehensive Overview of 21st Amendment and the Commerce Clause

A large number of law review articles addressing the 21st Amendment take a very narrow view of the amendment as part of on going policy fights related to alcohol regulation.  So, it is refreshing to see a new law review article that gives a more balanced history on the interaction between the 21st Amendment and…Read More

New Study Measures Effectiveness of Various State Alcohol Polices on Preventing Adult Binge Drinking

A new study has been published comparing certain state alcohol polices and ranking their effectiveness in fighting adult binge drinking. The study published in the American Journal of Preventative Medicine, “A New Scale of the U.S. Alcohol Policy Environment and Its Relationship to Binge Drinking” seeks to develop a scale, the Alcohol Policy Scale (APS),…Read More

Wal-Mart Prevails In Challenge to Texas Retail Ownership Laws

United States District Judge Robert Pitman has ruled for Wal-Mart on its challenge to Texas retail ownership laws.  The Order rules for Wal-Mart on its dormant Commerce Clause challenge to the public corporation ban and rules for Wal-Mart on its Equal Protection Challenge to the “consanguinity” exception to the five store limit.   As a result Judge…Read More

DOJ Responds to Amicus Briefs in ABI-SABMiller Merger Review

  Although the DOJ filed its Complaint and proposed Consent Order in July 2016, the review of the ABI-SABMiller merger still has not completed its required Tunney Act review.  Yesterday, the Justice Department responded to the amicus briefs filed by the National Beer Wholesalers Association, Brewers Association, Yuengling, Teamsters, and Consumer Action and Consumer Watchdog and urged the court to…Read More

Iowa Court of Appeals Upholds Iowa Cross Tier Ownership Law

  The Iowa Court of Appeals has upheld a district court decision that upheld the decision of the Iowa Alcohol Beverages Division to deny a beer retail permit renewal due to a violation of the Iowa laws prohibiting ownership across the supplier, distributor and retailer tier. The opinion authored by Judge Vogel  dismissed the constitutional challenges…Read More