Bourbon Justice

How Whiskey Law Shaped America

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Pub Date 01 Nov 2018 | Archive Date 30 Nov 2018

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Description

Bourbon whiskey has made a surprising contribution to American legal history. Tracking the history of bourbon and bourbon law illuminates the development of the United States as a nation, from conquering the wild frontier to rugged individualism to fostering the entrepreneurial spirit to solidifying itself as a nation of laws. Bourbon is responsible for the growth and maturation of many substantive areas of the law, such as trademark, breach of contract, fraud, governmental regulation and taxation, and consumer protection. In Bourbon Justice Brian Haara delves into the legal history behind one of America’s most treasured spirits to uncover a past fraught with lawsuits whose outcome, surprisingly perhaps, helped define a nation.

Approaching the history of bourbon from a legal standpoint, Haara tells the history of America through the development of commercial laws that guided our nation from an often reckless laissez-faire mentality, through the growing pains of industrialization, and past the overcorrection of Prohibition. More than just true bourbon history, this is part of the American story.

Bourbon whiskey has made a surprising contribution to American legal history. Tracking the history of bourbon and bourbon law illuminates the development of the United States as a nation, from...


Advance Praise

Bourbon Justice uses a groundbreaking approach to tell the history of the bourbon industry—the lawsuits that provide the true origin stories of famous brands. I believe this book will quickly become a classic work in the field of bourbon history and of distilled spirits as a whole.”—Michael Veach, bourbon historian, scholar, and author of Kentucky Bourbon Whiskey: An American Heritage


“I teach people all over the world that words on an American whiskey label mean something. Brian Haara brings to life the laws like the Bottled in Bond Act of 1897 that make American whiskey so spectacular. I can’t get enough!”—Bernie Lubbers, American whiskey ambassador for Heaven Hill Distillery and author of Bourbon Whiskey: Our Native Spirit 


“The subtle, dry wit of Haara’s book makes a crisp argument. It turns out that dusty lawsuits are a perfect way to explore the heritage of both our nation and its spirit.”—Reid Mitenbuler, author of Bourbon Empire: The Past and Future of America’s Whiskey

Bourbon Justice uses a groundbreaking approach to tell the history of the bourbon industry—the lawsuits that provide the true origin stories of famous brands. I believe this book will quickly become...


Available Editions

EDITION Other Format
ISBN 9781640120853
PRICE $34.95 (USD)
PAGES 192

Average rating from 8 members


Featured Reviews

Well done Brian F. Hamra! Bourbon Justice is a concise and comprehensive guide to the legal history of Bourbon. This is entertaining and thorough, I highly recommend it.

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Justice reveals the truth.

Bourbon Justice illustrates over and over how much of the bourbon history and folklore are only half truths and even further twisted by advertising. It's amazing to think that the "brown water" in the glass beside you has affected modern society around us so much. To think about some corn, barley, rye or wheat left to ferment and distilled for consumers to enjoy the flavors of becomes so complicated when you add in the taxation that financed our nation, legal efforts to protect the reputations of the distillers and their products. It protected the purity of the drinks you consume, the food you and eat, your safety at work, and even the environment around you. That "brown water" has even been the focal point of treaties between the United States and others. Bourbon Justice will quickly become one of the standard books in anyone's bourbon library. It was a lot of fun to read and I enjoyed learning more about the industry. It will certainly provide the starting point for bourbon conversation with even the most dedicated aficionados. You will definitely want to have the internet available while you read. Bourbon Justice led me to fall down several internet rabbit holes throughout the book. It was thought provoking while leading me to follow my questions and connections to other industries. I was surprised by several items in the book that provided confirmation of rumors that I've heard like that some distilleries don't distill and bottle 100% of their product. After I finished reading, I wanted to go through my own liquor cabinet inspect the bottles in order to evaluate the statements and see if they used verbiage to stay technically true or if I could be the one to find the next bourbon mystery. Overall, I enjoyed this book quite a lot and would rate it 5/5 stars. Many thanks to #Netgalley, #BrianFHarra and #UniversityofNebraskaPotomacBooks for the opportunity to read this ARC in exchange for an honest review.

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“Shaped” might be an overstatement, but it’s a decent account of how changes in American business fed and responded to changes in American law. Americans often have a lot of pride in their productions but there are also plenty of sharp dealers, and bourbon has a lot of both sets of characters. For example, in 1885 a recipe book offered a variety of recipes that could be passed off as bourbon and rye; “rectified” liquor was sold as “bourbon.” The Bottled-in-Bond Act of 1897, which Haara identifies as the nation’s first consumer protection law, didn’t solve the problem, so President Taft formally defined “straight,” “blended,” and “imitation” whiskey in 1909. Where it’s not advertising/consumer protection law, it’s likely to be trademark law—plenty of producers copied and sued each other (sometimes both). These cases were part of the transformation of trademark from a narrow right against straight up fraud to a much more expansive right that allowed Maker’s Mark to prevail against Jose Cuervo’s red wax seal for its otherwise completely different-looking tequila. Recent years have seen less attention to consumer protection—bottlers no longer have to disclose the age of their product, though if they do disclose anything about the age of the components they have to specify the youngest (and least valuable).

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less sensational than it might seem, Haara sketches an engaging story of how a commodity came to exert its influence in strange and logical ways

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Although I've been drinking bourbon for a few decades (as the primary alcohol in my Manhattans) I admit to knowing very little about it other than I prefer bourbon to most other whiskeys. Brian F. Haara's <em>Bourbon Justice</em> shares not just a little history of bourbon, but shows us how this distinctly American alcohol laid the foundation for many of our modern consumer protection laws.

Americans have always seemed to me to be rather litigious and so it seems quite appropriate that bourbon (one of the factors for the alcohol to be called a bourbon is that it has to be made in America) has set the stage for a number of American laws.

Right off the bat we learn that it took lawsuits and a decision by the President of the United States, to determine what constitutes a bourbon. Then we embark on trademark and brand name decisions that still affect us today.

We learn about puffery (there's a legal definition) and exaggeration and truth in labeling - something which is still an issue today and has often been a source of contention between various bourbon manufacturers. We even learn a little bit about bourbon and Prohibition.

What is presented here is really rather fascinating. There were times when I couldn't believe that someone had, perhaps, copied a label so much in order to trick a consumer into believing their inferior brand was actually a different, more expensive brand. Or that a family couldn't use their family name on a bottle because the rights had been sold generations earlier.

Yet with all that's here, it doesn't feel very complete. Maybe this is it. Maybe the ten chapters of this book really do make up all laws brought about by, for, and against bourbon manufacturers. Or maybe it's at least all the important lawsuits. But it just doesn't feel that way. I get the sense (and I can't quite say why) that this just skims the surface.

Haara does a really fine job of presenting his information and the book is well researched. Nearly a fifth of this slim book is made up of Acknowledgements, Notes, Table of Authorities (court case references), and an Index.

I did appreciate the "Tasting Notes" mixed in with the book, in which different bourbons are highlighted and detailed. I will definitely refer to this in the future when I need to pick up another bottle.

The bottom line, however, for me, is that I don't think I am any better informed when it comes to selecting my bourbons. Who actually manufactures my favorite drink, what it consists of, and where it comes from, can still be obfuscated enough, legally, that it would take some pretty intense research to know. I guess I'll keep going just based on my tastes.

Looking for a good book? <em>Bourbon Justice</em> by Brian F. Haara takes a detailed look at how the beginnings of bourbon in American also brought about early lawsuits, many of which are either still in place or at least set the bar for today's consumer protection laws. It is an interesting read.

I received a digital copy of this book from the publisher, though Netgalley, in exchange for an honest review.

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Interview with Brian F. Haara on the podcast Historically Thinking. It's a great book, explaining American legal history–from trademarks to consumer protection–by demonstrating how the history of American corporate law is intertwined with bourbon's history. Also comes with tasting notes!

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I did my history dissertation on the history of alcohol in England so I’m a fan of reading about alcohol! I don’t know much about other areas so this was a perfect choice for me. Completely fascinating and a utter joy to read. Still not my favourite tipple!

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