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October 2003
Wine and the Law: A Shift in the Direct Shipment Battleground
by R. Corbin Houchins
This month's oral argument in the New York direct shipment case neatly illustrates the lines on which the real battle is now joined.The first salient point is what the cases on appeal are not about. The lower court found that allowing New York wineries to sell directly to consumers while denying the privilege to out of state wineries unconstitutionally discriminates against interstate commerce, notwithstanding the state's power to regulate alcoholic beverage distribution. Naturally, the state an...
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