Legislators of the state of Indiana, which recorded a whole nine wineries in 1989, are presently looking for legislative solutions to accommodate its growing wine industry. The state, which presently boasts over fifty vineyards and wineries, is embracing this growth, which is said to bring 800,000 visitors to its wineries…
Category: Contemporary Wine Law Issues
Three-Tier Distribution, Direct Shipment, and Wine Politics in the New York Times
On Sunday, The New York Times published an excellent op-ed article tracing the history of the regulation of wine in the states and discussing the major contemporary problem relating to three-tier distribution in America. The article, which is brilliantly written by David White of Terroirist blog, is accessible at Wholesale…
H.R. 5034 is Now H.R. 1161
The bill many wine lovers feared last year, H.R. 5034 or the Comprehensive Alcohol Regulatory Effectiveness Act (CARE), is now known as H.R. 1161, the Community Alcohol Regulatory Effectiveness Act of 2011. The text of the 2011 Act is identical to the second version of H.R. 5034 introduced to the…
Schild Estate: Questionable Bottling Practices for 2008 Shiraz
This article stems from a tip sent in by Professor Chris Buccafusco, a professor at the Chicago-Kent College of Law. Professor Buccafusco lectured about geographical indications in relation to the wine industry. I posted his video a few months ago, which is a must-view for anyone interested in wine and…
Wine Law Online
It has come to my recent attention that there are several new blogs and informative websites covering the legal issues of the wine industry. This week, I will share them with you. 1. Alcohol Law Review: Moderated by NBWA Senior Vice President, Industry Affairs and General Counsel Paul Pisano, the…
Breaking News: SCOTUS Decides Not to Hear Wine Retailers Case
BREAKING NEWS! Today, the Supreme Court decided not to examine the case brought by a group of wine retailers asking to review the case of Wine Country Gift Baskets v. Steen decided by the Fifth Circuit. The justices announced today that they will not give further consideration to whether the Texas…
More Liberalized Wine Regulation in Oklahoma?
Current reforms proposed by legislators in Oklahoma call for a more liberalized regulation of liquor and wine sales in Oklahoma. The state, the last state to legalize liquor drinking and previously one of the most conservative in terms of alcohol regulation, shows several attempts to modernize its laws. Senator Clark…
Maryland Border States Create Indirect Smuggling Routes for Direct Shipment of Wine
Today, The Washington Post published an interesting article regarding the state of Maryland, its surrounding constituents, and direct shipment laws. Maryland is presently a state that does not allow direct shipment of wine to consumers; therefore, to obtain wine, a customer must purchase it from a store or other retail…
Copyright, Fair Use, and Wine Blogs
Today, my first external article related to wine and law was published by Palate Press. It discusses a recent issue concerning the wine blog community and aspects of copyright and fair use. Additionally, the article examines the applicable legal issues and sections of the Copyright Act of 1976. The Article…
Immigration and Labor Law in the Wine Industry
Wines & Vines posted an interesting article on immigration and labor law in the wine industry. The article muses about particular growing issues the industry faces from a contemporary standpoint. Such issues were discussed at the 2011 Unified Wine & Grape Symposium in Sacramento, California. This article is particularly thoughtful,…