DOCSLIB.ORG

E-Commerce in Wine

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
E-Commerce in Wine Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2007 E-Commerce in Wine J. Alexander Tanford Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Commercial Law Commons Recommended Citation Tanford, J. Alexander, "E-Commerce in Wine" (2007). Articles by Maurer Faculty. 489. https://www.repository.law.indiana.edu/facpub/489 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. 2007] E-COMMERCE IN WINE James Alexander Tanford 1. INTRODUCTION ......................................................................... 276 I. B ACKGROUND .......................................................................... 278 A. The Commerce Clause ............................................................. 278 1. States may not discriminate against interstate commerce..279 2. States may not engage in economic protectionism ............ 282 3. States may not directly regulate interstate commerce ........ 283 4. States may not unnecessarily burden interstate commerce283 B. Commerce in Alcoholic Beverages .......................................... 284 1. Free Trade in the Nineteenth Century ................................ 284 2. The Wilson Act and its interpretation: 1891-1912 ............ 285 3. The Webb-Kenyon Act of 1913 ......................................... 287 4. Prohibition .......................................................................... 289 C. The Twenty-First Amendment and the Repeal of Prohibition.290 D. Commerce in Alcoholic Beverages After the Twenty-First Amendment .................................................. 295 1. The early "broad power" cases .......................................... 296 2. The modern "limited power" cases .................................... 297 3. Dicta in non-Commerce Clause cases ............................... 300 4. The (brief) re-emergence of the Webb-Kenyon Act .......... 301 I1. THE WINE WAR ........................................................................ 302 A . B ackground ............................................................................... 302 1. History of the three-tier system ......................................... 302 2. The wine industry today .................................................... 303 3. The Internet opens new supply routes, but the wholesalers close them ...................................................... 304 B. Granholm v. Heald.................................................................... 305 1. The case ............................................................................. 305 2. The plaintiffs' argument: discrimination violates the Commerce Clause ........................................................ 307 3. The States' argument ......................................................... 308 4. Plaintiffs' rebuttal: Reasonable nondiscriminatory alternatives ........................................................................ 3 12 5. The problem of enforcement .............................................. 313 6. The economic argument .................................................... 315 7. The Granholm decision ..................................................... 319 IV . W HAT N EXT? ......................................... .. .. .. .. .. .. .. 322 A. Does It Matter How States Level The Playing Field? .............. 322 B . R eciprocity Law s ...................................................................... 325 C. How Far Can Granholm Be Extended? .................... ................326 JOURNAL OF LAW, ECONOMICS AND POLICY [VOIL. 3:2 1. T he easy cases ....................................................................326 2. The interm ediate cases ....................................................... 327 3. The hard cases .................................................................... 328 V . C ONCLUSION ............................................................................ 329 I. INTRODUCTION The first major battle of the wine war is now history. The rebels un- expectedly routed the States' forces and their powerful wholesaler allies and won a convincing victory in Granholm v. Heald.' Trade barriers block- ing e-commerce in wine that once seemed invincible have been tom down, or at least damaged. The assault on wine trade barriers began in 1998 in Indiana, of all places. Two lawyers from the Hoosier state and a handful of wine consum- ers declared war on laws that prohibited ordering wine over the Internet and denied them access to hundreds of small producers. Somewhat unexpect- edly, the plaintiffs won the initial battle.' News of the victory spread through the wine world, and new recruits began arriving. Cases were filed in Florida, Michigan, North Carolina, Texas, Virginia and New York. The wine industry, which had at first been reluctant to get involved, joined the fray. The intoxicating feeling of victory was quickly replaced by the hang- over of three defeats in a row. The plaintiffs lost in Florida3 and Michigan,4 and suffered a devastating defeat as the Seventh Circuit reversed and va- * Professor of Law, Indiana University-Bloomington, and Counsel of Record for the plaintiffs in Granholm v. Heald. My co-counsel in Granholm was Robert D. Epstein, who helped develop every one of these issues over nearly eight years of litigation. I also owe debts of gratitude to Clint Bolick, Ken Starr, Jim Seff, Kathleen Sullivan, and Tracy Genesen, all of whom participated with us in crafting the Supreme Court argument, and to the army of legal scholars and lawyers who wrote a total of 26 briefs in the case-including Paul Bender, Susan Estrich, Stuart Banner, Steven Diamond, Drew Days, Miquel Estrada, Carter Phillips, Viet Dinh, and the firms of Dickstein Shapiro, Gibson Dunn & Crutcher, Mor- rison & Foerster, Jenner & Block, Sidley & Austin, Patton Boggs, Pillsbury Winthrop, King & Spal- ding, and Kirkland & Ellis. As counsel of record, I read every one of those briefs. It is inevitable that some of the ideas, citations, and phrases used in this Article should properly be attributed to them but are not because I have misplaced the mental citation. Finally, special thanks to Dean Lauren Robel who supported my work on the Granholm case and defended me when I was attacked personally by the wine wholesalers. I Granholm v. Heald, 544 U.S. 460 (2005). 2 Bridenbaugh v. O'Bannon, 78 F. Supp. 2d 828 (N.D. Ind. 1999). 3 Bainbridge v. Bush, 148 F. Supp. 2d 1306 (M.D. Fla. 2001). 4 Heald v. Engler, 2001 U.S. Dist. LEXIS 24826 (E.D. Mich. 2001). 2007] E-COMMERCE IN WINE cated the plaintiffs' initial victory in Indiana.5 The trade barriers held. Momentum shifted to the states. Wine industry support faltered, and rebel supplies ran low-one more defeat, and the revolution would be over. That one additional defeat never happened. The rebels won the next eight decisions-in the district courts of Virginia,6 North Carolina,7 Texas,8 0 2 and New York,9 and in the courts of appeals for the Fourth," Fifth,"' Sixth, and Eleventh 3 Circuits. State officials in Texas and North Carolina surren- dered, but others fought on. Then, the Second Circuit surprisingly upheld New York's law to set up a split in the Circuits, 4 and the battleground shifted to the Supreme Court. Fighting in the Supreme Court is unlike any other kind of litigation. It is covered on the front pages of the New York Times and Wall Street Journal. It is fought behind the scenes at the highest levels of government. Alliances must be formed because you need all the friends you can get to support you with amicus briefs. 5 It is politics writ large. Luckily for the rebels, former Solicitor-General Kenneth Starr ar- rived in the nick of time, bringing with him his small band of Washington troops who were experienced in this kind of in-fighting. 6 The Federal Trade Commission (FTC) also supplied much-needed ammunition in the form of a strong, and judicially noticeable, report on the anti-competitive effects of state barriers to e-commerce in wine and the availability of non- discriminatory regulatory alternatives. 7 The forces converged on the Su- preme Court, filing 26 briefs. Then, on May 16, 2005, the Court released its decision. The rebels had won a decisive and unequivocal victory for consumers and the free market. In a broad and sweeping decision, the Su- 5 Bridenbaugh v. Freeman-Wilson, 227 F.3d 848 (7th Cir. 2000). Ironically, this anti-free market opinion was written by J. Frank Easterbrook, who was one of the founding scholars of the law and economics movement. 6 Bolick v. Roberts, 199 F. Supp. 2d 401 (E.D. Va. 2002). 7 Beskind v. Easley, 197 F. Supp. 2d 464 (W.D.N.C. 2002). 8 Dickerson v. Bailey, 212 F. Supp. 2d 673 (S.D. Tex. 2002). 9 Swedenburg v. Kelly, 232 F. Supp. 2d 135 (S.D.N.Y. 2002). 10 Beskind v. Easley, 325 F.3d 506 (4th Cir. 2003). 11 Dickerson v. Bailey, 336 F.3d 388 (5th Cir. 2003). 12 Heald v. Engler, 342 F.3d 517 (6th Cir. 2003). 13 Bainbridge v. Turner, 311 F.3d 1104 (1 1th Cir. 2002). 14 Swedenburg v. Kelly, 358 F.3d 223 (2d Cir. 2004) (the court acknowledged that it was taking the disfavored position and setting up a split in the Circuits). 15 Perhaps the oddest allies in this case were the liquor
Load more

Recommended publications
  • GEORGE MASON UNIVERSITY SCHOOL of LAW
    GEORGE MASON UNIVERSITY SCHOOL of LAW CROPS, GUNS & COMMERCE: A GAME THEORETICAL CRITIQUE OF GONZALES V. RAICH Maxwell L. Stearns 05-21 LAW AND ECONOMICS WORKING PAPER SERIES An electronic version of this paper can be downloaded from the following websites: Social Science Research Network: http://ssrn.com/abstract_id= 787304 BePress Legal Repository: http://law.bepress.com/gmulwps/gmule/art37 Crops, Guns & Commerce: A Game Theoretical Critique of Gonzales v. Raich Maxwell L. Stearns∗ Abstract In Gonzales v. Raich, the Supreme Court sustained an application of the Controlled Substances Act (“CSA”), banning all private use of marijuana, as applied to two women who had cultivated or otherwise acquired marijuana for the treatment of severe pain pursuant to the California Compassionate Use Act. Writing for the majority, Justice Stevens placed Raich at the intersection of two landmark Commerce Clause precedents: Wickard v. Filburn, the notorious 1942 decision, which upheld a penalty under the Agriculture Adjustment Act of 1938 applied to a local farmer who violated his wheat quota but who had used the modest excess portion entirely on his own farm, and Lopez v. United States, the controversial 1995 decision, which stuck down the Gun- Free School Zones Act and for the first time in over sixty years imposed limits on the scope of Congress’s Commerce Clause power based upon the underlying subject matter of the regulated activity. Writing for the Lopez majority, Chief Justice Rehnquist had claimed not to disturb the expansive post-New Deal Commerce Clause precedents, but rather to fit all of the cases neatly into three circumscribed categories: the use of channels of interstate commerce; instrumentalities or persons or things traveling in interstate commerce; and economic activities that have a substantial effect on interstate commerce.
    [Show full text]
  • Lead up to Prohibition
    CONTENTS Introduction 1 A Brief History of Alcohol Transportation 2 Ancient and Colonial Times 2 Temperance Rising 2 Post-Prohibition to Today 3 The Not-So-Distant Future 5 Alcohol Shipping and Delivery Laws in the United States 5 Interstate Shipping 5 Localized Home Delivery 7 The COVID-19 Alcohol Shock 8 Delivery and Shipping Law Reforms for the Long-Haul 10 Taxation Concerns 10 Underage Drinking and ID Concerns 11 Road Safety Concerns 11 Conclusion 12 About the Authors 12 Chart 1: Interstate DTC and Retail Shipping 6 Chart 2: Localized Delivery from Off-Premises Retailers 7 R STREET POLICY STUDY NO. 215 November 2020 consumers to stay at home, abide by social distancing pro- tocols and obtain their necessities via delivery.2 Even in the pre-COVID era, online shopping was experiencing a mete- oric rise, particularly among younger generations.3 Despite these trends toward an Internet-powered shipping COMING TO A DOOR NEAR YOU: economy, there remains a notable exception: Alcohol. While ALCOHOL DELIVERY IN THE many locales around the country allow localized home deliv- ery of alcohol—often known as on-demand delivery—a sub- COVID-19 NEW NORMAL stantial number still do not. Even fewer allow longer-dis- tance alcohol shipments that cross state lines.4 By C. Jarrett Dieterle and Teri Quimby This means that experiences which are a routine occurrence INTRODUCTION for modern Americans in most realms are often impossible when it comes to alcohol. For instance, unless you happen merican consumers are used to pretty much every- to live in a handful of states, you are precluded from order- thing being delivered to their doors.
    [Show full text]
  • 13-485 Comptroller of Treasury of MD. V. Wynne (05/18/2015)
    (Slip Opinion) OCTOBER TERM, 2014 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus COMPTROLLER OF THE TREASURY OF MARYLAND v. WYNNE ET UX. CERTIORARI TO THE COURT OF APPEALS OF MARYLAND No. 13–485. Argued November 12, 2014—Decided May 18, 2015 Maryland’s personal income tax on state residents consists of a “state” income tax, Md. Tax-Gen. Code Ann. §10–105(a), and a “county” in- come tax, §§10–103, 10–106. Residents who pay income tax to anoth- er jurisdiction for income earned in that other jurisdiction are al- lowed a credit against the “state” tax but not the “county” tax. §10– 703. Nonresidents who earn income from sources within Maryland must pay the “state” income tax, §§10–105(d), 10–210, and nonresi- dents not subject to the county tax must pay a “special nonresident tax” in lieu of the “county” tax, §10–106.1. Respondents, Maryland residents, earned pass-through income from a Subchapter S corporation that earned income in several States. Respondents claimed an income tax credit on their 2006 Maryland income tax return for taxes paid to other States. The Mary- land State Comptroller of the Treasury, petitioner here, allowed re- spondents a credit against their “state” income tax but not against their “county” income tax and assessed a tax deficiency.
    [Show full text]
  • Tax Reform: Recent Federal Proposals Revive Some Dormant State Issues
    What’s News in Tax Analysis that matters from Washington National Tax Tax Reform: Recent Federal Proposals Revive Some Dormant State Issues July 24, 2017 by Sarah McGahan, Alec Mullee, Shirley Sicilian, and Dan De Jong, Washington National Tax* To reform, or not to reform? Although the Trump Administration and congressional Republicans continue to pursue tax reform, the process is inherently challenging. Most of these challenges arise at the federal level, of course. But some may arise at the state level, such as the dormant Foreign Commerce Clause of the U.S. Constitution, which restricts the states from favoring domestic over foreign commerce. The Import-Export Clause, which prohibits states from imposing imposts and duties on imports or exports, might also create issues. While the Foreign Commerce Clause and Import-Export Clause are not often raised in the state tax realm, certain features of federal tax reform proposals—such as the border tax adjustment and mandatory repatriation―may bring these constitutional clauses to the fore if the proposals become law and are adopted by states, either as a matter of choice or because of the manner in which the states conform to the federal IRC.1 Thus, states may want to start considering these possible issues and implications. This article is intended to describe potential issues and to raise questions. It is not intended to reach any conclusions or to express a KPMG LLP position on any particular tax reform proposal. * Shirley Sicilian is a managing director in the State and Local Tax (“SALT”) group of Washington National Tax (“WNT”) and serves as the firm’s National Director for State and Local Tax Controversy.
    [Show full text]
  • The Dormant Commerce Clause and State-Mandated Preference Laws in Public Contracting: Developing a More Substantive Application of the Market-Participant Exception
    Michigan Law Review Volume 93 Issue 8 1995 The Dormant Commerce Clause and State-Mandated Preference Laws in Public Contracting: Developing a More Substantive Application of the Market-Participant Exception Benjamin C. Bair University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Commercial Law Commons, Constitutional Law Commons, and the Government Contracts Commons Recommended Citation Benjamin C. Bair, The Dormant Commerce Clause and State-Mandated Preference Laws in Public Contracting: Developing a More Substantive Application of the Market-Participant Exception, 93 MICH. L. REV. 2408 (1995). Available at: https://repository.law.umich.edu/mlr/vol93/iss8/5 This Note is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. The Dormant Commerce Clause and State-Mandated Preference Laws in Public Contracting: Developing a More Substantive Application of the Market-Participant Exception Benjamin C. Bair INTRODUCTION You are a state legislator. Your state's highway construction in­ dustry has seen better days, and unemployment is rising. Neverthe­ less, cities and counties in your state are hiring nonresident construction workers and buying cement and gravel from nonresi­ dent suppliers. Your constituents are upset that their tax dollars are going to outsiders, so you decide to draft a bill requiring all local governments1 in your state to fill at least half of their highway con­ struction positions with state residents.
    [Show full text]
  • An Unconventional Approach to Reviewing the Judicially Unreviewable: Applying the Dormant Commerce Clause to Copyright Donald P
    Kentucky Law Journal Volume 104 | Issue 1 Article 5 2016 An Unconventional Approach to Reviewing the Judicially Unreviewable: Applying the Dormant Commerce Clause to Copyright Donald P. Harris Temple University Beasley School of Law Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Constitutional Law Commons, and the Intellectual Property Law Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Harris, Donald P. (2016) "An Unconventional Approach to Reviewing the Judicially Unreviewable: Applying the Dormant Commerce Clause to Copyright," Kentucky Law Journal: Vol. 104 : Iss. 1 , Article 5. Available at: https://uknowledge.uky.edu/klj/vol104/iss1/5 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. An Unconventional Approach to Reviewing the Judicially Unreviewable: Applying the Dormant Commerce Clause to Copyright Donald P. Harris' "[B]y virtually ignoring the central purpose of the Copyright/Patent Clause ... the Court has quitclaimed to Congress its principal responsibility in this area of the law. Fairly read, the Court has stated that Congress' actions under the Copyright/Patent Clause are, for all intents and purposes, 2 judicially unreviewable." INTRODUCTION On July 15, 2014, the House Judiciary Committee, Subcommittee on Courts, Intellectual Property, and the Internet, held one of a number of hearings reviewing the Copyright Act.3 This particular hearing focused, among other things, on the copyright term (the length over which copyrights are protected).4 While it is not surprising that Congress is again considering the appropriate term for copyrights- Congress has reviewed and increased the copyright term many times since the first Copyright Act of 1791 5-it is troubling because Congress has unfettered discretion in doing so.
    [Show full text]
  • July 29, 2013 Alcohol Policy in Wisconsin History
    July 29, 2013 Alcohol Policy in Wisconsin History No single aspect of Wisconsin’s history, regulatory system or ethnic composition is responsible for our alcohol environment. Many statements about Wisconsin carry the implicit assumption that our destructive alcohol environment (sometimes called the alcohol culture) has always been present and like Wisconsin’s geographic features it is unchanging and unchangeable. This timeline offers an alternative picture of Wisconsin’s past. Today’s alcohol environment is very different from early Wisconsin where an active temperance movement existed before commercial brewing. Few people realize that many Wisconsin communities voted themselves “dry” before Prohibition. While some of those early policies are impractical and even quaint by modern standards, they suggest our current alcohol environment evolved over time. The policies and practices that unintentionally result in alcohol misuse are not historical treasures but simply ideas that may have outlived their usefulness. This timeline includes some historical events unrelated to Wisconsin to place state history within the larger context of American history. This document does not include significant events relating to alcohol production in Wisconsin. Beer production, as well as malt and yeast making were important aspects of Wisconsin’s, especially Milwaukee’s, history. But Northwestern Mutual Life Insurance, its late President, Edmund Fitzgerald, industrial giant Allis Chalmers, shipbuilding and the timber industry have all contributed to Wisconsin’s history. Adding only the brewing industry to this time-line would distort brewing’s importance to Wisconsin and diminishes the many contributions made by other industries. Alcohol Policy in Wisconsin History 1776: Benjamin Rush, a physician and signer of the Declaration of Independence, is considered America’s first temperance leader.
    [Show full text]
  • Guidelines on Food Fortification with Micronutrients
    GUIDELINES ON FOOD FORTIFICATION FORTIFICATION FOOD ON GUIDELINES Interest in micronutrient malnutrition has increased greatly over the last few MICRONUTRIENTS WITH years. One of the main reasons is the realization that micronutrient malnutrition contributes substantially to the global burden of disease. Furthermore, although micronutrient malnutrition is more frequent and severe in the developing world and among disadvantaged populations, it also represents a public health problem in some industrialized countries. Measures to correct micronutrient deficiencies aim at ensuring consumption of a balanced diet that is adequate in every nutrient. Unfortunately, this is far from being achieved everywhere since it requires universal access to adequate food and appropriate dietary habits. Food fortification has the dual advantage of being able to deliver nutrients to large segments of the population without requiring radical changes in food consumption patterns. Drawing on several recent high quality publications and programme experience on the subject, information on food fortification has been critically analysed and then translated into scientifically sound guidelines for application in the field. The main purpose of these guidelines is to assist countries in the design and implementation of appropriate food fortification programmes. They are intended to be a resource for governments and agencies that are currently implementing or considering food fortification, and a source of information for scientists, technologists and the food industry. The guidelines are written from a nutrition and public health perspective, to provide practical guidance on how food fortification should be implemented, monitored and evaluated. They are primarily intended for nutrition-related public health programme managers, but should also be useful to all those working to control micronutrient malnutrition, including the food industry.
    [Show full text]
  • Carry A. Nation Hatchet Brooch Catalog #: 1975.1.80 Donor: Marjorie Bryant
    Donation of the Month Object: Carry A. Nation Hatchet Brooch Catalog #: 1975.1.80 Donor: Marjorie Bryant Legend has it that in May 1881 the first business to open up shop in the newly founded town of Rogers was a saloon. Even though it only consisted of a couple of jugs of homebrew sitting on the back of a wagon, the new business was sure to have pleased some and dismayed others. Over a century later alcohol is still a hot topic in Benton County as leaders, business owners, churches, and residents debate the wet/dry issue. Should the county remain “dry” and continue to prohibit the sale of alcohol except in private clubs or should it go “wet” and allow liquor stores to open up shop? The late 19th and early 20th centuries were troubled times. Laws weren’t enforced, corruption was epidemic, and there were few social services for addicts or the poor. Women became reformers because of their perceived societal roles as moral guardians and defenders of the home and family. Female activists used speeches and demonstrations to educate the public and encourage male lawmakers to legislate morality at a time when women didn’t yet have the right to vote or serve in public office. Carry Amelia Moore Gloyd Nation (1846-1911) was one such reformer. Born in Kentucky and raised in Missouri, in 1865 she met and married Dr. Charles Gloyd, a medical practitioner and school teacher. His love of drink, picked up during times spent idle in Civil War camps and continued during social activities with the Masons, caused a rift in their marriage.
    [Show full text]
  • Geology of the Taunton "Quadrangle, Bristol and Plymouth Counties Massachusetts
    Geology of the Taunton "Quadrangle, Bristol and Plymouth Counties Massachusetts By JOSEPH H. HARTSHORN GEOLOGY OF SELECTED QUADRANGLES IN MASSACHUSETTS v -GEOLOGICAL SURVEY BULLETIN 1163-D Prepared in cooperation with the Commonwealth of Massachusetts ' Department of Public ff^orks ,UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON : 1967 UNITED STATES DEPARTMENT OF THE INTERIOR STEWART L. UDALL, Secretary GEOLOGICAL SURVEY William T. Pecora, Director For sale by the Superintendent of Documents, U. S. Government Printing Office Washington, D.C. 20402 CONTENTS ' Page Abstract__ ____-_____-_---___________----__---_----___-------_--- Dl Introduction._ ___-___----____________---_----_------_-------______ 1 Acknowledgments. __.._________,.______-_-_-___-___--______-___ 2 General setting.._.---_____________-_-___'__________-.__________ 2 Pre-Pleistocene geology and history._________________________________ 2 Stratigraphy._______________________----_--------_---_-.______ 3 Structure._______-----____________---------_-----_----____.___ 6 Geologic history._-_-_--__________----_-----_-----_--_-________ 7 Pleistocene geology____-_-_____-_______--__------___-__---_-_______ 8 Glacial erosion._______________________________________________ 8 Glacial deposits.__-_-_.-_______-___---------_---_-_------_.____ 9 Till..---------------------------------------------------- 9 Field and laboratory data..____________________________ 11 * Ground moraine.-.-----------^-------------------- 12 Flowtill. _-______-.-.---------.--------.....-...-_ 19 Textural data.____________________________________
    [Show full text]
  • On the Study of Governor's
    Governor’s Task Force on the study of Kentucky’s Alcoholic Beverage Control laws Governor’s Task Force on the Study of Kentucky’s Alcoholic Beverage Control Laws EXECUTIVE SUMMARY ollowing the repeal of national Prohibition, Kentucky lawmakers Fenacted legislation governing the sale and licensing of alcoholic beverages in the Commonwealth. Over time, incremental changes were made, but only to address specific one-time issues. The result has been a patchwork of laws and regulations that are duplicative, outdated and cumbersome to administer. In July 2012, Governor Steve Beshear appointed a 22-member task force to look at this issue. Those members included legislators from both houses of the General Assembly, industry representatives and other groups that deal “Many groups, including each day with alcoholic beverage control issues across the Commonwealth. licensees, state regula- Primarily, the task force was to address three areas of concern—licensing, tors, law enforcement local option elections and public safety. and private citizens have called for statutory Public Protection Cabinet Secretary Robert Vance was appointed to chair reform. They agree that the task force. He formed three committees to focus the work of the Kentucky’s current laws full task force, mirroring the three areas of concern pointed out in the do not adequately ac- Governor’s Executive Order that formed the task force. count for a 21st-century economy and standard of All three committees met numerous times from August through November, law.” seeking input not only from those appointed to the task force, but bringing Gov. Steve Beshear in others who could add additional perspective that aided in the formation of the committees’ final recommendations.
    [Show full text]
  • Internet and the Dormant Commerce Clause, The
    University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2000 Internet and the Dormant Commerce Clause, The Jack L. Goldsmith Alan O. Sykes Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Jack L. Goldsmith & Alan O. Sykes, "Internet and the Dormant Commerce Clause, The," 110 Yale Law Journal 785 (2000). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. Essay The Internet and the Dormant Commerce Clause Jack L. Goldsmitht and Alan 0. Sykest" First-generation Internet thinkers maintained that Internet communications could not be subjected to local regulation.' The argument went as follows: Internet content providers can inexpensively send content via the Internet into every territorial jurisdiction in the world. Territorial governments cannot stop this content at the border and cannot assert regulatory control over the content source located abroad. If governments try to filter content at the border, information can easily be rerouted. And if some governments happen to assert regulatory control over a content provider or its assets, the provider can cheaply and easily relocate to a permissive jurisdiction and continue sending content worldwide from there. Events during the past five or so years have demonstrated that this conception of the Internet is wrong, or at least incomplete.2 Contrary to early predictions, governments have taken a variety of steps within their borders to regulate Internet content flows.
    [Show full text]