Archives for June 2018

United States Supreme Court Rules for State in High Profile Remote Sales Tax Case

In a 5-4 decision, the United States Supreme Court ruled for the state of South Dakota against a challenge brought by online/remote retailers.   The decision in South Dakota v. Wayfair, et al reverses a decision by the South Dakota Supreme Court.   The opinion overturns the Court’s earlier opinions from 1992 in Quill and 1967 in Bella Hess…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

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

McLane Withdraws Challenge to Texas Cross Tier Ownership Laws

The lawsuit by McLane Company against the Texas ABC for failing to approve their application for a wholesaler license has been dismissed without prejudice.  This matter was scheduled to have experts identified this month before another round of dispositive motions.  The Texas ABC had denied the permit for violations of cross tier ownership laws. Recall McLane serves as a…Read More