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Discarding The North Dakota Dictum: An Argument For Strict Scrutiny Of The Three-Tier Distribution System, Amy Murphy
Discarding The North Dakota Dictum: An Argument For Strict Scrutiny Of The Three-Tier Distribution System, Amy Murphy
Michigan Law Review
In Granholm v. Heald, the Supreme Court held that states must treat instate and out-of-state alcoholic beverages equally under the dormant Commerce Clause and established a heightened standard of review for state alcohol laws. Yet in dictum the Court acknowledged that the three-tier distribution system-a regime that imposes a physical presence requirement on alcoholic beverage wholesalers and retailers-was "unquestionably legitimate." Though the system's physical presence requirement should trigger strict scrutiny, lower courts have placed special emphasis on Granholm's dictum, refusing to subject the three-tier distribution system to Granholm's heightened standard of review. This Note argues that the dictum should be …
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg
Michigan Law Review
Part I of this Note examines the current state of the law in the liquor affirmation area. Part II argues that the twenty-first amendment may not be invoked to justify the extraterritorial impact of these statutes. The amendment does not preempt the commerce clause in the liquor area. While it gives the states free rein over liquor internally, it provides no basis for any extraterritorial projection of liquor price regulation. Part III considers the commerce clause analysis of Brown-Forman and argues that any interstate effects of these statutes will cause them to violate the commerce clause. This section argues that …
Constitutional Law-Validity Of New York Statute Setting Out Motorists' Implied Consent To Chemical Tests For Intoxication, Richard A. Shupe S.Ed.
Constitutional Law-Validity Of New York Statute Setting Out Motorists' Implied Consent To Chemical Tests For Intoxication, Richard A. Shupe S.Ed.
Michigan Law Review
The State of New York has approved a statute, to go into effect July 1, 1953, which stipulates that any person who operates a motor vehicle or motorcycle in the state shall be deemed to have given his consent to chemical tests of his breath, blood, urine, or saliva for the purpose of determining the alcoholic content of his blood. If such a person refuses to allow the tests, they will not be made, but the commissioner shall revoke his license or permit to drive, including the nonresident operating privilege. This is the first statute of its type and merits …
Constitutional Law - Twenty-First Amendment - Validity Of State Statute Discriminating Against Liquor Imports, Benjamin Guille Cox
Constitutional Law - Twenty-First Amendment - Validity Of State Statute Discriminating Against Liquor Imports, Benjamin Guille Cox
Michigan Law Review
A Michigan statute prohibited local dealers from selling beer manufactured in a state designated by the Michigan Liquor Control Commission, acting pursuant to statutory standards, as one which by its laws discriminated against Michigan-made beer. Because Indiana was one of ten states so designated, an Indiana brewing company filed a bill in the federal court to enjoin enforcement of the Michigan statute as unconstitutional under the interstate commerce, equal protection and due process clauses of the Federal Constitution. Held, that the bill should be dismissed, since the statute, even though discriminating among importers, was a valid enactment under the …
Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment
Criminal Law And Procedure - Repeal Of Statute - Eighteenth Amendment
Michigan Law Review
Defendants Chambers and Gibson were indicted on June 5, 1933, for conspiracy to violate the National Prohibition Act, and for possessing and transporting liquor in violation of the Act. Chambers pleaded guilty, and the case was continued to the December term. The case was called for trial as to Gibson on December 6, 1933. Chambers filed a plea in abatement, and Gibson demurred to the indictment. Held, the repeal of the Eighteenth Amendment, by the adoption of the Twenty-first, proclaimed December 5, 1933, barred further prosecution. United States v. Chambers and Gibson, (U.S. Sup. Ct. 1934) 1 U.S. …
Intoxicating Liquors -The New Michigan Amendment
Intoxicating Liquors -The New Michigan Amendment
Michigan Law Review
The people of the State of Michigan at the last general election ratified an amendment to section 11, Article 16 of the state constitution, the so-called prohibition section, to authorize the legislature to establish a liquor control commission and to impose an excise tax on liquor sales. In accordance with constitutional provisions this amendment went into effect on December eighth last. As the new amendment is drafted it leaves unsettled at least three important matters: (1) The present law in Michigan on the subject of intoxicating liquors; (2) The powers vested by it in the legislature and the liquor control …