Untapped Potential: How Georgia’s Beer Distribution Laws Stifle the Craft Beer Industry

Beer consumption in the United States is a $100 billion annual industry and is composed of five different kinds of drinks: domestic beer, imported beer, craft beer, hard ciders, and flavored malt beverages. Brewing goliaths Anheuser-Busch InBev and SABMiller dominate the American beer industry, comprising over 75% of the market. While the domestic-beer category comprises the largest segment of the beer market, most of the top domestic brands have experienced a reduction in sales in recent years. Some of the reduction in sales has been attributed to consumers’ desire for more flavorful beer. Consequently, many consumers are turning to craft beer.

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What Did the Supreme Court Hold in Heffernan v. City of Paterson?

Reasoned opinions count as much or more than outcomes, partly because “reasoned response to reasoned argument is an essential aspect of [the judicial] process,” and partly because “the opinion has as one if not its major office to show how like cases are properly to be decided in the future.” Scrutiny of the Supreme Court’s reasons is called for not only when the result seems doubtful, but also when the result is intuitively appealing. Weak reasons may in the long run undermine a holding that deserves a better foundation than the Court has built for it, or at least distort and delay the elaboration of doctrine. When the intuition behind the holding deserves broader application than the Court’s reasons can support, an effort to identify more convincing reasons is an especially worthwhile project.

Heffernan v. City of Paterson, illustrates the good result/weak reasons problem.

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Eleventh Circuit Upholds Constitutionality of City Ordinance Prohibiting Picketing, Denies Constitutionality of Loitering Provision in Ordinance

In Winnifred Bell v. City of Winter Park, Florida, No. 13-11499 (Mar. 20, 2014), the Eleventh Circuit decided whether the City of Winter Park’s Ordinance No. 2886-12, which generally prohibits targeted picketing within fifty feet of a residential dwelling, is an unconstitutional infringement on First Amendment freedom of speech. Comparing § 62-79 of the ordinance […]

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Eleventh Circuit Upholds Mini-Miranda Warnings and Maintains That Individual Caller’s Identity Not Required to Satisfy FDCPA

Eleventh Circuit Upholds Mini-Miranda Warnings in Initial Voicemail to Debtor, Maintains that Individual Caller’s Identity Not Required to Satisfy Fair Debt Collection Practices Act. Gilbert Oladeinbo* Recently, in Hart v. Credit Control, LLC, No. 16-17126 (11th Cir. 2017), the Eleventh Circuit determined two questions of interpretation of the Fair Debt Collection Practices Act (FDCPA).  First, […]

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Eleventh Circuit Rules Number-of-Victims Sentencing Enhancement Inapplicable to Single-Package Theft

Eleventh Circuit Rules Number-of-Victims Sentencing Enhancement Inapplicable to Single-Package Theft Michael Ackerman* On April 23, 2016, Jhonathan Tejas approached a United States Postal Service (“USPS”) delivery vehicle and requested a package from the mail carrier. United States v. Tejas, No. 16-16336, 2017 WL 3611975, at *1 (11th Cir. Aug. 23, 2017). When the carrier refused, […]

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Eleventh Circuit Defers to International Arbitrator’s Venue Determination

Eleventh Circuit Defers to International Arbitrator’s Venue Determination Ben Torres* The Eleventh Circuit recently affirmed the power of arbitrators to interpret international venue disputes in Bamberger Rosenheim, Ltd. v. OA Development, Inc., 862 F.3d 1284, 1286 (11th Cir. 2017). In that case, a real estate developer from Georgia, OA Development, Inc. (“OAD”), entered into a […]

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