Posts Tagged ‘beer and brewers’

October 3 roundup

  • “Rejected Applicant Sues Law Schools for Violating Magna Carta” [Kevin Underhill, Lowering the Bar]
  • “Attorney sued for malpractice is suspended after releasing client’s psychiatric records” [Stephanie Francis Ward, ABA Journal]
  • Moving state and local alcohol regulation past the bootlegger/Baptist era [Cato Daily Podcast with Jeremy Horpedahl]
  • In Charlottesville today? I’ll be on a University of Virginia School of Law panel discussing redistricting / gerrymandering reform, campaign and election law, Maryland politics and more [Ele(Q)t Project]
  • Rejecting ADA claim, Georgia Supreme Court says man cannot blame sleep apnea for “alleged inability to be truthful, accurate, and forthcoming” in bar application [Legal Profession Blog]
  • Update: after national outcry, county D.A. in North Carolina drops charges of unlicensed veterinary practice against Good Samaritan who took in pets during Hurricane Florence [Wilson Times]

July 11 roundup

  • “Expensive new licensing requirements and the bureaucratic headache of implementing” new regulations are expected to reduce further the number of agencies offering international adoption to U.S. families [Liz Wolfe, Reason] And don’t forget to mark your calendar and, if you can attend in person, register for next week’s July 19 Cato conference on adoption policy, at which international adoption will be one focus;
  • Report confirms again what I wrote nearly a year ago: many persons are being held in jail longer under Maryland’s ill-thought-out venture in restricting cash bail [Lynh Bui, Washington Post, my WSJ piece last September, more]
  • Online data protection episode is just latest instance of how California initiative process can put disturbing leverage in private hands [Cathy Gellis, TechDirt]
  • “The cans now read ‘NON-TRADEMARK INFRINGEMENT ALMA MATER IPA’ with no other Pitt-related images.” [Grant Burgman, Pitt News on campus beer trademark controversy]
  • “Pregnancy discrimination? Don’t rely on government for additional protection” [Vanessa Brown Calder, Cato]
  • If you’re looking to dodge voir dire scrutiny: “How To Get On a Jury” [Mark Bennett, Reason]

“The beer that had to unprotect itself”

Protected geographical designation laws, which prevent the sale in some countries of articles like Champagne or Gouda cheese unless produced in the indicated locality, are sometimes defended as advancing consumers’ interest in fraud prevention or accuracy in labeling; it is also suspected that they can serve to curtail competition and protect incumbents even when no genuinely distinctive local contributions are at issue of soil, technique, etc. In 2000, Newcastle Breweries and Newcastle-upon-Tyne, England, obtained a designation on Newcastle Brown Ale, a popular product dating back to 1927, to prevent it from being sold unless manufactured in the city. That didn’t work out so well when the brewery moved to nearby Gateshead four years later. Dan Lewis, Now I Know:

EU regulators took notice and weren’t as forgiving as the brewers would have hoped. The owners of the Newcastle Brown Ale brand had two obvious choices: move back across the Tyne or change the name of the product. Neither was a good option, so the brewery decided to do something new: they applied to have the registration canceled. And as seen in this pdf, they were successful. In August 2007, the EU revoked Newcastle Brown Ale’s PGI status, allowing it to be made across the river — or anywhere else.

Today, Newcastle Brown Ale is made in neither Newcastle nor Gateshead. Heineken, which bought the Newcastle’s brewers in 2008, has since relocated operations to Amsterdam.

December 20 roundup

  • Craft brewery regs, Peter Angelos has another special bill in Annapolis, county council vetoes on development, and more in my latest Maryland roundup [Free State Notes]
  • Oh, that pro bono: celebrity lawyer’s pro bono contract for sex accusers included up to one-third commission on selling their stories to media outlets [John Solomon and Alison Spann, The Hill]
  • Forget that Viking cruise down the Mississippi River, Jones Act makes it a no-go [WQAD] “The Jones Act costs all Americans too much” [Bloomberg View editorial; earlier here, etc.]
  • Cato Daily Podcast with firearms policy expert David Kopel on interstate right to carry and restricting bump stocks;
  • Not-so-nastygram in beer biz: “As far as cease and desists go, this is about as good as it gets.” [Timothy Geigner, TechDirt]

Food and drink roundup

Food roundup

Jim Caruso on freedom for beer makers

Jim Caruso, CEO of Frederick, Md.’s Flying Dog Brewery, talks with Cato’s Caleb Brown about legal and regulatory issues in the craft beer business. We earlier followed Flying Dog’s successful First Amendment battle with Michigan regulators over its Raging Bitch label beer, the proceeds from which the company used to endow a speaker series on free speech.

Besides that case, Caruso discusses the “three-tier” system of alcohol distribution set up after Repeal, which is “pretty loose” in much of the West but far stricter in many Eastern states where memories of rum-running lingered on (“organized crime was basically created by Prohibition”). In some states, so-called franchise laws lock manufacturers permanently into an initial choice of distributor for a territory. Some of the laws even authorize distributors to sell brand rights to each other without consulting the original maker, which thus winds up with a distributor it did not have even a notional original role in picking. Originally rationalized as a way to shield small distributors from the clout of giant national brewers, these laws live on into an era in which small craft producers may face well-heeled, politically powerful state distributors.

Earlier about the three-tier system here, here, and here.

Disparagement perfected: Cato brief in Lee v. Tam

Did Cato just file the most not-safe-for-work amicus brief in Supreme Court history? It’s on the question (Lee v. Tam) of whether the government can deny trademark protection to words and phrases that are slurs and, in so doing, gather to itself the task of defining what is a slur. The case, involving the Asian-American band The Slants, is widely seen as foreshadowing the eventual outcome of the challenge to the Washington Redskins’ trademark.

Joining Cato as amici: humorist and Cato fellow P.J. O’Rourke; Profs. Nadine Strossen, Clay Calvert, and Erik Nielson; the Reason Foundation; Frederick, Md.’s Flying Dog Brewery and famed artist Ralph Steadman, whose work adorns its labels; and the Comic Book Legal Defense Fund. It’s signed by Ilya Shapiro and Thomas Berry and written with Trevor Burrus’s assistance.

NSFW warning: as hinted, this brief uses obscene and disparaging words and phrases by the dozens and dozens, so be forewarned.

September 7 roundup

  • Bad Texas law requiring breweries to give away territorial rights for free violates state constitution, judge says [Eric Boehm]
  • California’s identity theft statute bans so many more things than just identity theft [Eugene Volokh]
  • Cato Unbound symposium on Indian Child Welfare Act/ICWA, to which I contributed, wraps up [Timothy Sandefur on sovereignty and fixes] Minnesota’s Indian foster care crisis [Brandon Stahl and MaryJo Webster, Minneapolis Star-Tribune]
  • If you want to hear me translated into Arabic on bathroom and gender issues, here you go [Al-Hurra back in May]
  • Asset forfeiture: “New Mexico Passed a Law Ending Civil Forfeiture. Albuquerque Ignored It, and Now It’s Getting Sued” [C.J. Ciaramella] “IRS Agrees to Withdraw Retaliatory Grand Jury Subpoena Against Connecticut Bakery” [Institute for Justice] “California Asset Forfeiture Reform Heading to Approval” [Scott Shackford]
  • Evergreen: “‘I never thought leopards would eat MY face,’ sobs woman who voted for the Leopards Eating People’s Faces Party.” [Adrian Bott]

Food and nanny state roundup

  • Has Obama administration endorsed anti-GMO campaign with new labeling law? Not really [Thomas Firey, Cato, earlier here, here, etc.]
  • United Nations anti-tobacco meeting seeks to exclude persons overly involved with tobacco production, ban list turns out to include many officials of member governments [Huffington Post UK]
  • Dumping Michigan tart cherries to comply with USDA marketing order? There must be a better way [Baylen Linnekin]
  • “I am the man, the very fat man, who waters the workers’ beer.” [Science Daily, prompting Christopher Snowdon’s recollection of that line of song]
  • Feds alone have spent $500 million chasing food-desert mirage, with “negligible” impact on health [Mac McCann, Dallas News, earlier]
  • “FDA Assigns Zero Value To Smokers Who Die Because Of Its E-Cigarette Regulations” [Jacob Sullum, more on vaping]