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Put A Cork In It: The Use Of H.R. 161 To End Direct Wine Shipping Throughout The States Once And For All, Victoria H. Jones

Journal of Food Law & Policy

Due to Congress' recent agenda, oenophiles throughout the country are up in arms about the possible threat to their beloved wine. Wine lovers and other alcohol enthusiasts face the very real fear that access to their favorite products may soon be heavily restricted. This is in large part attributed to the fact that House Resolution 1161 would effectively change the ways in which states regulate alcohol shipment. The possible implications of this bill range from the forced shutdown of many wineries and distilleries due to lack of funding, to the smaller effects of regulation such as the inability of customers …

The Promotion Of The General Welfare: Using The Spending Clause To End The Criminalization Of Homelessness In America, David Stuzin

University of Miami Law Review

The U.S. is experiencing a homelessness crisis. While the government claims that there are half a million people experiencing homelessness in this country, the actual number is likely much larger than that estimate. Rather than investing in long-term solutions to homelessness, most states and municipalities have responded to this crisis by criminalizing conduct related to homelessness—an expensive approach hat perpetuates the cycle of homelessness and causes many people experiencing homelessness to needlessly suffer as a result. While advocates have fought criminalization in the courts, a problem of this size and scale cannot be solved through litigation alone. This Note advocates …

King V. Burwell And The Rise Of The Administrative State, Ronald D. Rotunda

Ronald D. Rotunda

The Patient Protection and Affordable Care Act (ACA) is a complex law totaling nearly a thousand pages in length. The litigation now before the Supreme Court in King v. Burwell presents, on the surface, a simple issue of statutory interpretation. However, that surface has a very thin veneer. If the Court allows administrators carte blanche to change the very words of a statute, we will have come a long way towards governance by bureaucrats. Over the years, Congress has delegated many of its powers, but it has never delegated the power to raise taxes or spend tax subsidies in ways …

Substance And Method In The Year 2000, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.

Constitutionality Of The Patient Protection And Affordable Care Act Under The Commerce Clause And The Necessary And Proper Clause, Wilson Huhn

Akron Law Faculty Publications

The Patient Protection and Affordable Care Act is a comprehensive federal statute that attempts to extend health insurance coverage to tens of millions of Americans and to expand health insurance coverage by eliminating exclusions for preexisting conditions, increase medical loss ratios, abolish annual and lifetime limits, and other reforms. A necessary provision of this law (the individual mandate) requires most individuals to maintain health insurance coverage. The individual mandate has been challenged in a number of lawsuits on the ground that Congress lacks the power under the Constitution to require individuals to purchase health insurance. The power of Congress to …

Constitutionality Of The Patient Protection And Affordable Care Act Under The Commerce Clause And The Necessary And Proper Clause, Wilson Huhn

Wilson R. Huhn

The Patient Protection and Affordable Care Act is a comprehensive federal statute that attempts to extend health insurance coverage to tens of millions of Americans and to expand health insurance coverage by eliminating exclusions for preexisting conditions, increase medical loss ratios, abolish annual and lifetime limits, and other reforms. A necessary provision of this law (the individual mandate) requires most individuals to maintain health insurance coverage. The individual mandate has been challenged in a number of lawsuits on the ground that Congress lacks the power under the Constitution to require individuals to purchase health insurance. The power of Congress to …

A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider

St. Mary's Law Journal

Taxation has long been a point of contention for both individuals and businesses. Primarily, taxation serves as a convenient and calculated method of allocating precious resources to areas in need. Although many states use property and income taxes as the preferred methods for funding these programs, Texas has a constitutional restriction on state taxation of individuals’ incomes. This means Texas has largely relied on property and business taxes to fund these programs. In 1991, while trying to avoid unconstitutional taxes on individuals’ incomes, the Texas Legislature adopted a franchise tax which taxed Texas businesses according to their capital. In 2006, …

Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

16 pages.

Includes bibliographical references

Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

6 pages.

"James May, Widener University School of Law" -- Agenda

The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda

St. Mary's Law Journal

Immediate action is critical to preserve the goals of the Lautenberg Amendment to protect victims of domestic violence from future abuse and their abusers. Incidents of gun-related domestic violence are not uncommon in the United States. Statistics show that domestic violence takes one life every three days and the combination of guns and domestic violence cause more deaths than incidents which are not associated with guns. In 1996, Congress attempted to find a solution to this problem. The Lautenberg Amendment, enacted pursuant to Congress’ Commerce Clause power, seeks to protect individuals from gun related injury or death occurring within domestic …

Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun

St. Mary's Law Journal

The Violence Against Women Act (VAWA) was enacted in 1994 to combat the growing and widespread epidemic of domestic violence. Congressional committees assigned to study this epidemic found that violent attacks by men topped the list of dangers to an American woman’s health. In an attempt to raise society’s awareness of the problem of violence against women and to ameliorate the victimization of women, Congress enacted VAWA. Specifically, Title III of VAWA establishes a federal civil right for victims of violent, gender-motivated crimes. These provide victims with either injunctive or monetary compensation. Consequently, there have been questions about the constitutionality …

Federalism Revisited: The Supreme Court Resurrects The Notion Of Enumerated Powers By Limiting Congress's Attempt To Federalize Crime Comment., Larry E. Gee

St. Mary's Law Journal

This Comment argues the federal system must be preserved and the Supreme Court should build upon the interpretation of the Commerce Clause in United States v. Lopez to reinstate the Framers’ vision of federalism. The social justifications for the Court’s expansive construction of the Commerce Clause during the past sixty years no longer existed to justify the Gun-Free School Zones Act of 1990. Part II of this Comment traces the background of Commerce Clause jurisprudence, focusing on social justifications for traditional rubber stamping of Congress’s broad exercises of power. Part III reviews the Fifth Circuit’s reasoning in deeming the Gun-Free …

Aliens - Deportation - Activity Consituting Membership In Communist Party, Mark Shaevsky

Michigan Law Review

Petitioner, an alien who had resided in the United States since 1914, joined the Communist Party in 1935 and during that year paid dues, attended meetings, and worked briefly at an official outlet for communist literature. He terminated his relationship with the party after approximately one year. At a hearing to consider his possible deportation, the petitioner disclaimed that he had held any belief in the forcible overthrow of government, stating that he had regarded the Communist Party solely as an instrument for securing economic necessities. The Board of Immigration Appeals upheld the hearing officer's finding that petitioner had been …