The Spirit Is Willing: A Proposal for American Single Malt Whiskey

Over the past twenty-five years, small, independent American distilleries have carved out a new niche in the United States liquor market: craft single malt whiskey. Inspired by the success of single malt Scotch and other single malts, American craft distillers are now fighting for their own shelf behind the bar and in the liquor store aisle. In 2018, a cadre of these distillers petitioned the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau to formally recognize a new category of whiskey in the Code of Federal Regulations: American Single Malt Whiskey. For purposes of consumer protection, the Treasury Department historically has regulated the production and sales of whiskey in America. Whiskey distillation and bottling is a long and complicated process for distillers who do not take shortcuts. This Note will consider the proposal proffered by the American Single Malt Whiskey Commission. It will then suggest that the proposal is doctrinally sound, beneficial from a policy standpoint, and comports with existing regulations and precedent. Finally, this Note will conclude by speculating as to the likely success of the American Single Malt Whiskey proposal

Energy Policy, Extraterritoriality, the Dormant Commerce Clause

This Article will focus specifically on potential challenges to state energy policy based on the “extraterritoriality doctrine” of the dormant Commerce Clause. In doing so, it considers two recent lawsuits involving dormant Commerce Clause challenges to state energy policy. The first is the lawsuit against the State of California over its Low Carbon Fuels Standard (LCFS) program on grounds that it discriminates against Midwest ethanol producers in favor of California ethanol producers and regulates extraterritorially in violation of the dormant Commerce Clause. The second is the lawsuit by the State of North Dakota, the North Dakota lignite coal industry, and regional electric cooperatives against the State of Minnesota over provisions of its Next Generation Energy Act (NGEA). The NGEA prohibits new coal-fired electricity generation in the state and prohibits imports of new coal-fired generation from outside the state without accompanying CO2 offsets. In that case the plaintiffs allege, among other things, that the law discriminates against out-of-state coal interests and regulates extraterritorially in violation of the dormant Commerce Clause. This Article will discuss both of the cases in detail to highlight the potential challenges associated with state efforts to use energy policy to address climate change, and to suggest how to place those cases in today’s dormant Commerce Clause jurisprudence

The whisky industry and the regional Scottish economy : an economic analysis of the impact of imminent innovations in public policy

This dissertation analyses imminent innovations in public policy that will impact upon the whisky industry, and, through linkage adjustments, the regional Scottish economy. An analysis of the interconnectedness between the whisky industry and the wider Scottish economy reveals that such linkages are substantial. A holistic conspectus of the whisky industry in the first part of the dissertation reveals that the predominant form of structural change in the past has been merger & acquisition. Such consolidation has permitted economies in marketing & distribution, but it is contended that in this arena at least there is scope for further performance improvement in the industry. Nevertheless, with taxation forming such a significant proportion of the final price of the product, realising a sustained increase in demand is deemed to be largely outwith the capability of the industry. It is advanced, therefore, that two tax-related developments in public policy in the next few years will impact not merely upon the whisky industry, but materially upon the regional Scottish economy as well. The first of these imminent innovations examined is the proposed abolition of the intra-EU duty free concession in 1999. Whilst it is concluded that such a move is inevitable (and economically logical), it is nonetheless determined that this will have a meaningful detrimental impact upon the whisky industry and Scottish economy. Secondly, the current proposals of the European Commission for the harmonisation of alcohol excises across the European Union are critically appraised, and are shown to be grounded on no logical economic principles, but instead, enshrine protection for European vinicultures. The rationale for alcohol taxation is considered de novo, concluding that within the United Kingdom & across the European Union, at a minimum all alcoholic beverages should be taxed on an equal basis according to alcoholic content, at a level sufficient to cover an estimate of the negative externalities associated with alcohol consumption. Mindful of the importance of the whisky industry to the Scottish economy, it is revealed that in times past, the public authorities have been proactive in intervening to secure the continuing prosperity of the whisky industry, and it is contended that such a stance may be required of the present government. The dissertation concludes by advocating a set of reforms to the structure of alcohol excises in the United Kingdom. An approximate halving of the excise applied to spirits, such that all alcoholic beverages are taxed equally according to alcoholic content, would ensure that the whisky industry & government could lobby with credibility for comparable structures to be adopted overseas, particularly in any revised proposals for European excise harmonisation. In addition, it is suggested that the fillip such a reform would give to domestic sales of whisky would mitigate the negative effects upon the whisky industry & regional Scottish economy of losing the intra-EU duty free concession in 1999

Accounting for Risks: Identifying Water Risks in the Food and Beverage Industry Using an Ecosystem Services Benchmarking Framework

Global population growth and economic development has placed unprecedented demand for freshwater resources. However the supply of freshwater is becoming increasingly uncertain, due to the variability of the hydrological cycle, climate change and ecosystem degradation. This thesis questions the effectiveness of current sustainability frameworks in screening for material water risks. A new framework was developed based on an ecosystem perspective of water resources. The advantage of this approach is that it focuses on the valuation of water through the context of risk and encourages broader ecosystem perspective to managing those risks throughout the value chain and within a river basin. The study applied a mixed method approach to examine the interaction between Corporate Water Risk Management with general sustainability performance (using KLD Social Ratings) and with Corporate Financial Performance. A sample of sixty-one food and beverage firms was compiled from a universal database that combined data from the Compustat database and KLD (2012) Historical Summary. Their corporate disclosures were appraised using the Corporate Water Risk Management framework. Regression analysis showed significant and positive relationships with accounting performance measures but non-significant association with market measures. Firm size was shown to have a strong influence on the accounting performance correlations. For the market measures, it was determined that there are many factors influencing market values and thus more sophisticated models are required to isolate the relationship between CSP activities and market performance

Diageo Strategic Audit: A Deep Dive into the Management Strategies of Diageo

Diageo is a multinational premium drink producer and supplier with over 200 brands and sales in over 180 countries. A conglomerate since its founding, Diageo controls and operates some of the world’s well-known and loved drinks, like Guinness, Johnnie Walker, Smirnoff, Bailey’s, Captain Morgan, and Crown Royal. The firm is an industry leader in consumer insight, innovation and creativity, and sustainability efforts. Diageo believes pursuing sustainability, efficiency, and positive drinking allows them to compete, now and in the future. This audit analyzes the history, leadership, business model, mission, external environment, internal environment, core competencies, recent performance, competitive dynamics, business level strategies, corporate level strategies, merger/acquisition strategies, corporate governance, and organizational controls of Diageo. The combination of ethical, innovative, and sustainable management strategies across all of these areas paints a vivid picture that explains the decades of success Diageo has had and continues to have in a fast-paced and ever-changing industry

July 1985

This is the alumni newsletter from July 1985, which describes the events and happenings of the faculty, staff, and students in the spring and summer semesters of that year, including the 50th anniversary of the OBU Tiger statue.https://scholarlycommons.obu.edu/ouachita/1009/thumbnail.jp