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LEGAL PRACTICE 2.0: EMERGING TECHNOLOGY AND THE LAW
No full textThis article examines the legal profession\u27s transition into Legal Practice 2.0, where lawyers maintain the same fundamental goals and requirements but conduct business through emerging technologies that affect every aspect of legal practice. This piece was written by Attorney John Haried specifically for publication following his presentation at the 2024 Western New England Law Review Symposium
CONGRESS VERSUS THE EXECUTIVE BRANCH: THE ROLE OF THE OFFICE OF LEGAL COUNSEL
No full textThe U.S. Constitution creates a system where the Presidency and Congress are meant to have an adversarial relationship. The best example is through Congressional oversight of Executive Branch activities and the inevitable response through executive actions. The Office of Legal Counsel is often an integral part of the coordinated response because this often-understudied part of the U.S. Department of Justice is responsible for providing constitutional arguments to defend the President’s decisions, especially for executive orders. This article traces the historical evolution of OLC opinions that have played a key role in defining the relationship between the Executive Branch and Congress and their impact on resolving the legal or constitutional issues between them
BANKRUPTCY BLITZ: HOW COURTS PENALIZE DEBTORS DESPITE LACK OF CAUSE AND JURISDICTION UNDER THE APPROPRIATIONS ACT
No full textSuppose you currently reside in one of the many states that have legalized the use of marijuana. In that case, you have the right to confidently walk into a dispensary and purchase marijuana products—you would not be arrested the second you hand cash to the teller. You could legally take the product back home to do with it as you please within the bounds of state law. If you were ever a cannabis connoisseur, you could decide to purchase a percentage of that dispensary. At the highest level, if you felt particularly entrepreneurial, you could legally apply for and open your very own dispensary.
Despite your freedom to utilize the marijuana industry in select states, marijuana remains an illegal Schedule I substance under the federal Controlled Substances Act. Unbeknownst to many individuals who are excited to join the up-and-coming industry, many Debtors in need of bankruptcy relief may have their cases dismissed, despite never acting illegally under state law. Yet, bankruptcy courts across the country are uncertain if there’s a standard to dismiss a case based solely on an individual’s involvement in the marijuana industry.
This Note will analyze the United States Bankruptcy Code’s patterns of dismissal, including the “for cause” standard and “means forbidden by law” standard. Ultimately, this Note will argue that the United States Trustee does not have jurisdiction under the Appropriations Act to dismiss a Debtor’s bankruptcy solely for participation in the medical marijuana industry. Lastly, this Note will propose practical solutions that could prevent ongoing harm to Debtors invested in the marijuana industry without the knowledge that they may not receive federal bankruptcy relief if they are not successful in the emerging market
Campus Center
No full textView of the entrance to the St. Germain Campus Center. A man, woman, and child walk toward the entrance while holding hands.https://digitalcommons.law.wne.edu/ua_buildings/1280/thumbnail.jp
Campus Center
No full textStudents sit in the St. Germain Campus Center.https://digitalcommons.law.wne.edu/ua_buildings/1298/thumbnail.jp
Churchill Construction
No full textPhoto of Churchill Hall during construction. Men stand on the scoffolds surrounding the building. Deliso Hall is to the left and Emerson Hall is to the right.https://digitalcommons.law.wne.edu/ua_buildings/1351/thumbnail.jp
Churchill Hall
No full textView of the front entrance to Churchill Hall. There are festive wreaths on the double doors. Deliso Hall is reflected in the windows.https://digitalcommons.law.wne.edu/ua_buildings/1362/thumbnail.jp
Churchill Hall
No full textView of the back and left side of Churchill Hall. Deliso Hall is to the right.https://digitalcommons.law.wne.edu/ua_buildings/1368/thumbnail.jp
Churchill Library
No full textEight male students do schoolwork in Churchill Library. To the left, two students sit across form each other at a table. In the middle, five men, two standing and three sitting, gather around a table. In the back one student sits at a study carrel and writes.https://digitalcommons.law.wne.edu/ua_buildings/1398/thumbnail.jp
Churchill Library
No full textPhoto of Churchill Library. To the left a man sits at a table. To the right a woman sits at a desk next ot the stacks.https://digitalcommons.law.wne.edu/ua_buildings/1417/thumbnail.jp