After every Craft Beer Law class I teach at McGeorge, I select one or two papers to publish on this blog. This year’s first victim is Chloe Fisher. Chloe is an outstanding student, law review editor, and generally a great
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It’s Time to Reimagine Craft Beer Distribution Contracts
People often ask me what is the biggest problem that craft breweries face today. To call a particular issue the “biggest” is nearly impossible considering the many ailments the craft brewing industry faces at present. But there is one issue…
Student Work: Savanna Corr “The Fourth Tier: How Alcohol Delivery Apps Are Gaming the System”
In the twenty-first century, there is an app for everything. Looking to buy more alcohol but do not feel safe driving to your local liquor store to replenish your alcohol supply? No need to worry because there is an…
Direct-to-Consumer Shipping Is the Answer: California Bill Seeks Equality Between Wineries and Breweries
Direct-to-consumer (DTC) shipping for craft breweries has rightly become a hot issue and is gaining momentum. With the COVID-19 pandemic wiping out two of craft beer’s main sources of income, taproom sales and keg beer sales for restaurants and bars,…
California Bill Seeks to Further Erode Tied-House Laws and Keep You Dry (allegedly)
In craft beer law, one of the most aggravating and seemingly unstoppable issues we see is Big Manufacturers’ constant efforts to undermine, diminish, and erode tied-house laws through the legislative process. Here we go again.
California Assembly Bill AB-1070 (Irwin),…
The Dormant Commerce Clause Needs to Awaken for Craft Beer Direct Shipments Between States
While the First-Amendment gets a lot of the constitutional attention in craft beer law in terms of advertising restrictions, another constitutional issue has been stealing some of that focus recently. More specifically, the Dormant Commerce Clause has been the subject…
Craft Beer, COVID-19, and the Constitution: The California Craft Brewers Association and Several Independent Craft Breweries Sue Governor Newsom and the CDPH for Treating Craft Breweries Differently Than Wineries
For reasons I will never quite understand, breweries are often treated differently than wineries in California’s alcohol statutes and regulations (ok, I do understand, it is the powerful wine lobby). When I tell friends and colleagues that beer law has…
The TTB Is (kinda) Trying to Help (sorta) Craft Breweries and Retailers During the COVID Crisis
The Alcohol and Tobacco Tax and Trade Bureau (known as the TTB) is the federal agency charged with enforcing the Federal Alcohol Administration Act and enacting regulations governing the alcoholic beverage industry. This includes everything from the federal tied-house restrictions…
Excise Tax Pain: Craft Beer Isn’t Saving the World, but the Federal Government Isn’t Saving Craft Beer
This is important, and time is running out. Craft breweries are getting crushed during the pandemic. Many are hanging on by a government PPP string. The Denver Post recently reported that at least 170 independent craft breweries closed during the…
Student Work: Quentin Barbosa on Craft Beer and the Post-Mortem Right of Publicity
“Mo Money Mo Problems:” How the Post-Mortem Right of Publicity Affects Craft Brewers
I once went to a taproom with an array of eighty self-serve beer taps. It was initially difficult to pick a beer from the eighty options.…