Monopolies. Contracts in Restraint of Interstate Commerce. United States v. E. C. Knight Co. et al., 60 Fed. Rep. 934

1895 ◽  
Vol 4 (3) ◽  
pp. 125
1938 ◽  
Vol 32 (5) ◽  
pp. 931-935
Author(s):  
L. F. Schmeckebier

As in previous lists, mention is here confined generally to units specifically authorized by law or established by the President by executive order under general authority vested in him. Changes in units created by heads of departments or independent establishments are excluded unless of major importance.Air Commerce Bureau, Department of Commerce. Duties transferred to Civil Aëronautics Authority by Civil Aëronautics Act of 1938 (Public Act No. 706, 75th Congress), approved June 23, 1938.Air Mail Bureau, Interstate Commerce Commission. Duties transferred to Civil Aëronautics Authority by Civil Aëronautics Act of 1938 (Public Act No. 706, 75th Congress), approved June 23, 1938.


Author(s):  
Martin A. Goldberg ◽  
James Murdy

The United States Supreme Court recently considered challenges to two state laws regarding direct shipment of wine and spirits from out-of-state. Michigan law banned these direct shipments completely, requiring sales from out-of-state to be made through a Michigan wholesaler, even though it permitted direct shipments from within the state. New York law similarly banned direct shipments, although it created a narrow exception for out-of-state wine producers who maintained a place of business within New York. In Granholm v. Heald, the United States Supreme Court considered the constitutionality of these laws in light of the constitutional prohibition against state laws that unreasonably burden interstate commerce. The Court held that these laws did in fact impermissibly discriminate against interstate commerce, and were unconstitutional. It held that a state may permit direct shipments or prohibit them, but it could not create a discriminatory system where in-state direct shipment were permitted but out-of-state shipments were prohibited or burdened with additional costs. This decision left it to the individual state governments to fashion whatever direct shipment laws they wished, as long as the laws did not treat shipments from out of state differently from shipments within the state. As the individual states respond to this mandate, we can see how these new laws will impact wine tourism, actual and Internet travel for the purpose of experiencing and purchasing regional wines.


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