Guest Column: 100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy

100 Years After the Failure of Prohibition, the Supreme Court Has Opportunity to Prevent Another Federalization of Alcohol Policy On January 16, 2019 the United States Supreme Court will hear oral arguments in the case Tennessee Wine and Spirits Retailers Association v. Blair.   January 16th is a critical date in alcohol policy history because on…Read More

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

Interesting Article Noting the Additional Drivers of Prohibition Beyond Religion

Villanova Professor Mark Schrad has penned a very interesting article in the Washington Post discussing the forces behind the passage of Prohibition 100 years ago. Modern conventional wisdom wrongly attributes passage of the 18th Amendment in 1918 to a moralistic and religious fervor, however, the real reasons were much more nuanced and widespread than religion and the coalitions that brought…Read More

Key Provisions of the Justice Department’s Consent Order With ABInBev and SABMiller

Guest Column by Paul Pisano, NBWA The Department of Justice (DOJ) has proposed a Final Judgment approving a settlement (Proposed Final Judgment or PFJ) between the DOJ, ABInBev (ABI) and SABMiller (SAB), which allowed the parties to consummate the largest beer industry merger in history. While the deal is already closed, the settlement agreement has…Read More

Is It Time for a 28th Amendment to the U.S. Constitution to Regulate Marijuana Like Alcohol?

There is a certain appeal to the sound-bite of the pro marijuana legalization forces when they claim they want to “regulate marijuana like alcohol,” but the devil is always in the details. The conversation about regulating marijuana like alcohol is incomplete without mentioning the unique constitutional nature of alcohol regulation. A previous post suggested that…Read More