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Renegotiating The Colorado River Compact: How A One Size Fits All Approach Has Led To A State Centric Future, And How The Commerce Clause Can Solve It, Erica Porvaznik

Northern Illinois University Law Review

While equitable division of water supplied by the Colorado River has been dictated by the Colorado River Compact for over one hundred years, this agreement has only served to create an inequal, power dynamic amongst all the states and parties to the Compact.

The current provisions controlling the apportionment and usage of the water are set to expire in 2026. Therefore, there is a path forward for the water to be divided in a new way, specifically, by Congress. I argue that Congress should assume authority over the Colorado River and apportion the water under their Commerce Clause power, as …

Vol. 5 No. 2, Spring 2014; Pay-For-Delay And Interstate Commerce: Why Congress Or The Supreme Court Must Take Action Opposing Reverse Payment Settlements, Corey Hickman

Northern Illinois Law Review Supplement

A pay-for-delay drug settlement, also called a reverse payment settlement, occurs when a brand name pharmaceutical company agrees to pay the maker of a similar generic drug to delay the release of the generic drug into the stream of commerce, thereby allowing the brand name pharmaceutical company to eliminate competition for an extended period of time. These agreements allow both the brand name manufacturer and the generic manufacturer to profit immensely. These settlements cost the American public an estimated $3.5 billion per year. Further, reverse payment settlements on average prevent generic drugs from entering the stream of commerce for an …

Out-Of-State Wine Retailers Corked: How The Illinois General Assembly Limits Direct Wine Shipments From Out-Of-State Retailers To Illinois Oenophiles And Why The Commerce Clause Will Not Protect Them, Christopher G. Sparks

Northern Illinois University Law Review

481 In 2005, the U.S. Supreme Court in Granholm v. Heald reexamined the interplay between the dormant Commerce Clause and the Twenty-first Amendment to the U.S. Constitution. Granholm caused many states, including Illinois, to reexamine their regulation of liquor distribution and the shipment of wine into their jurisdictions. Based on Granholm, Illinois created a new winery shipper's license to enable out-of-state wineries could ship to Illinois consumers; however, in its creation, Illinois removed the longstanding ability of out-of-state wine retailers to ship to Illinois consumers. This Comment examines the implications of the dormant Commerce Clause on Illinois' new license in …

A Lopez Legacy?: The Federalism Debate Renewed, But Not Resolved, Debbie Ellis

Northern Illinois University Law Review

This casenote examines the Supreme Court's landmark ruling in United States v. Lopez, in which the Court struck down a Congressional enactment under the Commerce Clause for the first time in modern history. The note traces Commerce Clause jurisprudence back to the days of the Founding Fathers and analyzes the Lopez opinion in an historic context. It also provides an overview of how the lower federal courts have dealt with appeals based on the Lopez ruling and concludes that the federalism debate, which underlies the Court's 5-4 decision, has been renewed but not resolved.

Supreme Court Assault Upon The Constitutional Settlement Of The New Deal: Garcia And National League Of Cities, Charles H. Clarke

Northern Illinois University Law Review

A historical view of commerce clause adjudication, suggesting that the dissenters in Garcia v. San Antonio Metropolitan Transit Authority may be attempting to signal a return to pre-New Deal commerce clause analysis.