The Hubbub with StubHub!

The resale of tickets to sports, concerts, and other events usually is illegal in Illinois, if the tickets fetch more than the original price. 720 ILCS 375/1.5(a). Resale at a premium is called scalping, and rules that forbid it even when the events’ promoters are content to allow resale have puzzled economists. That is how Chief [...]

Don’t tread on my hops & grapes.

“Alcohol Bill Means ‘Happy Hour’ for Lobbyists” is the title of this article by Carrie Levine, appearing on today. She writes: Trade associations and lobbyists for alcohol manufacturers such as MillerCoors, Anheuser-Busch, Heineken and Diageo are brawling with their wholesale distributors over a bill that would strengthen states’ ability to regulate alcohol and make it [...]

It’s just business …

Today the Eleventh Circuit Court of Appeals issued this opinion. The case, styled Flava Works, Inc. v. City of Miami, concerns “, which operates an internet-based website of the same name. The CocoDorm website transmits images, via webcam, of the residents of 503 Northeast 27th Street, Miami, Florida, over the internet.” The question is whether Flava [...]

It never ends

That’s what they say about parenthood — Happy Father’s Day. Here’ an unpublished opinion issued last Friday by the Fifth Circuit Court of Appeals. A little background: In 1994, El Paso Entertainment (a strip club) sued the City of El Paso, challenging the validity of its zoning ordinances regulating Sexually Oriented Businesses. Before that issue could be resolved, the City and [...]

The Fifth Circuit Court of Appeals on wine shipping

In an opinion issued Tuesday, the court of appeals held that “the limited rights Texas has given its state-licensed retailers to make deliveries do not transgress the dormant Commerce Clause.” Adding:   We now turn briefly to the separate provisions regarding personal importing. As mentioned before, Texas has placed a limit on the quantity of [...]

There’s a cap for that

“Massachusetts officials appeal from an injunction against a 2006 Massachusetts statute establishing differential methods by which wineries distribute wines in Massachusetts, Mass. Gen. Laws ch. 138, § 19F. The district court enjoined enforcement of § 19F on the ground that the law discriminates against interstate commerce in violation of the Commerce Clause of the United [...]

I ain’t no senator’s son

“A Maryland law that sought to block strip clubs in Prince George’s County from selling alcohol carved out an unconstitutional exception for a club that was owned by a former state senator, a federal judge held this week,” reports The Washington Post here. Read the decision.

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Here’s an article I wrote for a superb publication, e-Commerce Law & Strategy. (I’ve clipped the newsletter to show my article only; if you’re interested in reading other articles in the September newsletter, you’ll need to subscribe.)  My article is about wine shipping. I was inspired after a recent visit to San Francisco, and the idea that I must have wine shipped [...]

Slots & Sovereignty

It’s a video poker case. Over at SCOTUSblog, they’re betting that that it is taken up by the Supreme Court. I won’t (meaning, I can’t) handicap the odds. The case concerns Jimmy Martin and his company, Lucky Strike, which have sought to enjoin enforcement of two South Carolina statutes criminalizing certain “device[s] pertaining to games [...]


“Guns, Fear, the Constitution, and the Public’s Health,” written by Garen J. Wintemute, M.D., M.P.H., will appear in the April 3 edition of the New England Journal of Medicine. (HT to You Don’t Say.) Dr. Wintemute notes that “the $2 billion annual costs of medical care for the victims of gun violence are dwarfed by [...]