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Supreme Court May Be Ready To Uncork Interstate Wine Sales
The Supreme Court last month appeared hostile toward state barriers that impede interstate wine sales, likely foreshadowing a win for small wineries in their long battle against the system that controls sales of alcoholic beverages nationwide.
In a series of consolidated cases from Michigan and New York (Swedenburg v. Kelly, No. 03-1274, Granholm v. Heald, No. 03-1116, and Michigan Beer and Wine Wholesalers Association v. Heald, No. 03-1120) in which wineries pressed for the legal right to sell wine across state lines using the mail and the Internet, the Court was confronted with a classic clash between two seemingly irreconcilable constitutional doctrines: the so-called Dormant Commerce Clause, which bars state trade barriers even in areas of commerce in which Congress has not legislated, and the Prohibition-ending 21st Amendment, which gave states broad power to regulate the importation of alcohol.
Before the hour-long arguments began, few experts were willing to guess which part of the Constitution would hold sway. But as the questioning of four skilled advocates developed, it seemed at nearly every turn that the justices were placing the Commerce Clause above the 21st Amendment in their hierarchy of valued doctrines.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.