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Granholm V. Heald
''Granholm v. Heald'', 544 U.S. 460 (2005), along with its companion case, Swedenburg v. Kelly, 544 U.S. 460 (2005), was a case in which the Supreme Court of the United States ruled that laws in New York and Michigan permitting in-state wineries to ship wine directly to consumers but prohibited out-of-state wineries from doing the same were unconstitutional. The case was notable because the arguments centered on the rarely-invoked Twenty-first Amendment to the Constitution, ratified in 1933, which ended Prohibition. Background ''Granholm'' and ''Swedenburg'' were the consolidation of an eight-year fight by small wineries against laws barring out-of-state wineries from direct shipping products to consumers. Although direct shipments to consumers constituted only about 2% of wine sales in the United States (whose total sales were $21.6 billion in 2003), direct sales were thought to be an opportunity for growth, especially for smaller wineries. Plaintiffs Terry Speizer founded th ...
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New York State Liquor Authority
Alcohol laws of New York (or commonly Alcohol Beverage Control Law) are a set of laws specific to manufacturing, purchasing, serving, selling, and consuming alcohol in the state of New York. Combined with federal and local laws, as well as vendor policies, alcohol laws of New York determine the state's legal drinking age, the driving under the influence limit, liquor license requirements, server training, and more. State Liquor Authority The New York State Liquor Authority (NYSLA) and its agency arm, the Division of Alcoholic Beverage Control (DABC), were established under New York State Law in 1934 to "regulate and control the manufacture and distribution within the state of alcoholic beverages for the purpose of fostering and promoting temperance in their consumption and respect for and obedience to law." The SLA is also authorized by statute to "determine whether public convenience and advantage will be promoted by the issuance of licenses to traffic in alcoholic beverages … ...
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Economies Of Scale
In microeconomics, economies of scale are the cost advantages that enterprises obtain due to their scale of operation, and are typically measured by the amount of Productivity, output produced per unit of cost (production cost). A decrease in unit cost, cost per unit of output enables an increase in scale that is, increased production with lowered cost. At the basis of economies of scale, there may be technical, statistical, organizational or related factors to the degree of Market (economics), market control. Economies of scale arise in a variety of organizational and business situations and at various levels, such as a production, plant or an entire enterprise. When average costs start falling as output increases, then economies of scale occur. Some economies of scale, such as capital cost of manufacturing facilities and friction loss of transportation and industrial equipment, have a physical or engineering basis. The economic concept dates back to Adam Smith and the idea o ...
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Wine Shipping Laws In The United States
Wine is an alcoholic drink made from fermented fruit. Yeast consumes the sugar in the fruit and converts it to ethanol and carbon dioxide, releasing heat in the process. Wine is most often made from grapes, and the term "wine" generally refers to grape wine when used without any qualification. Even so, wine can be made from a variety of fruit crops, including plum, cherry, pomegranate, blueberry, currant, and elderberry. Different varieties of grapes and strains of yeasts are major factors in different styles of wine. These differences result from the complex interactions between the biochemical development of the grape, the reactions involved in fermentation, the grape's growing environment (terroir), and the wine production process. Many countries enact legal appellations intended to define styles and qualities of wine. These typically restrict the geographical origin and permitted varieties of grapes, as well as other aspects of wine production. Wine has been produced f ...
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Webb–Kenyon Act
The Webb–Kenyon Act was a 1913 law of the United States that regulated the interstate transport of alcoholic beverages. It was meant to provide federal support for the prohibition efforts of individual states in the face of charges that state regulation of alcohol usurped the federal government's exclusive constitutional right to regulate interstate commerce. Text The statute reads:''New York Times''"Webb Liquor Bill is In Force To-Day," March 2, 1913 accessed July 20, 2010 :The shipment or transportation, in any manner or by any means whatsoever of any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind from one State, Territory, or District of the United States, or place noncontiguous to, but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to, but subject to the jurisdiction thereof, which said spirituous, vinous, malted, fermented, or other intoxicating liquor is intend ...
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Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. After Marshall, Thomas is the second African American to serve on the U.S. Supreme Court and has been its longest-serving member since Anthony Kennedy's retirement in 2018. He has also been the Court's oldest member since Stephen Breyer retired in 2022. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah, Georgia. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but became dissatisfied with its efforts to combat racism and abandoned his aspiration to join the clergy. He graduated with honors from the College of the Holy Cross in 1971 and earned his Juris Doctor in 1974 from Yale Law School. ...
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John Paul Stevens
John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldest justice in the history of the U.S. Supreme Court and the third-List of United States Supreme Court justices by time in office, longest-serving justice. At the time of his death in 2019 at age 99, he was the longest-lived Supreme Court justice ever. His long tenure saw him write for the Court on most issues of American law, including civil liberties, the Capital punishment in the United States, death penalty, government action, and intellectual property. Despite being a registered Republican Party (United States), Republican who throughout his life identified as a conservative, Stevens was considered to have been on the liberal side of the Court at the time of his retirement. Born in Chicago, Stevens served in the United States Navy durin ...
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Eighteenth Amendment To The United States Constitution
The Eighteenth Amendment (Amendment XVIII) to the United States Constitution established the prohibition of alcohol in the United States. The amendment was proposed by Congress on December 18, 1917, and ratified by the requisite number of states on January 16, 1919. The Eighteenth Amendment was repealed by the Twenty-first Amendment on December 5, 1933, making it the only constitutional amendment in American history to be repealed. The Eighteenth Amendment was the product of decades of efforts by the temperance movement, which held that a ban on the sale of alcohol would ameliorate poverty and other societal problems. The Eighteenth Amendment declared the production, transport and sale of intoxicating liquors illegal, although it did not outlaw the actual consumption of alcohol. Shortly after the amendment was ratified, Congress passed the Volstead Act to provide for the federal enforcement of Prohibition. The Volstead Act declared that liquor, wine and beer qualified as in ...
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Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American attorney and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was considered the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Stanford University and Harvard Law School. Kennedy became a U.S. federal judge in 1975 when President Gerald Ford appointed him to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. ...
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Interstate Commerce
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction o ...
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Supremacy Clause
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a s ...
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Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction o ...
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United States Court Of Appeals For The Sixth Circuit
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of Kentucky * Eastern District of Michigan * Western District of Michigan * Northern District of Ohio * Southern District of Ohio * Eastern District of Tennessee * Middle District of Tennessee * Western District of Tennessee The court is composed of sixteen judges and is based at the Potter Stewart U.S. Courthouse in Cincinnati, Ohio. It is one of 13 United States courts of appeals. The United States federal courts were divided into six circuits in 1801, but a circuit court of appeals was not established until the passage of the Judiciary Act of 1891. William Howard Taft, the only person ever to serve as both President and Chief Justice of the United States, once served on the Sixth Circuit. Four other judges of the Sixth Circuit ...
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