Above the Law

Law Professor Proposes Bringing Back Indentured Servitude

It’s 2018, so of course we’re about to discuss the possibility of rejuvenating indentured servitude. The practice, which until recently only came up when Irish-Americans wanted to explain why they think they had it just as bad as Black people, settled into the dustbin of history a long time ago, but Chicago Law Professor Eric Posner, along with Microsoft Research’s Glen Wyel, have a new proposal in Politico to bring it back in a new form as the Visas Between Individuals Program.

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5 Holiday Tips on How Not to Get Arrested in New York City

5 Holiday Tips On How Not To Get Arrested In NYC

Many people come to New York City for the holidays. ... it, smoking marijuana in public is not legal. Personal possession has been decriminalized, but that doesn’t mean you can smoke it in public. Never smoke a joint on the streets of NYC. You risk being arrested ...

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Is Law School an 'Adderall Nation'?

I have never been prescribed Adderall, tried it illegally, or had any desire to try it. Back in my baby boomer, Pitt Law days, before I discovered the evil white powder cocaine, I relied on hot coffee, “Vivarin,” and “NoDoz” for those law school pre-exam all-nighters on the rare occasions I studied. Once cocaine became part…

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Cannabis Conflict: States, Not Feds, Control The Fate Of Marijuana Law And Policy

Last week, the National Conference of State Legislatures (NCSL) adopted a formal resolution that Congress enable financial institutions to serve marijuana businesses. The forcefulness of the resolution is a first from a cannabis angle: it did not ask Congress to pass a banking bill specific to cannabis, or even to revisit the FinCEN guidelines for financial…

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8 Unknowns About California’s New Marijuana Laws

8 Unknowns About California’s New Marijuana Laws

Since passage of the Medical Cannabis Regulation and Safety Act in California (“MCRSA”), our California marijuana business attorneys have been getting calls nearly non-stop regarding what folks can do now to have a medical marijuana business later in the Golden State. The passage of Proposition 64, California’s legalization initiative, has only accelerated the questions on what…

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Making Medical Marijuana Monopolies: The Pay-To-Play Licensing Trend

Hilary Bricken State-sanctioned medical marijuana operational licenses are increasingly becoming a “pay-to-play, greatest barrier to entry” model. In this sort of system, there is usually some combination of the following, all geared towards minimizing the number of licensed cannabis businesses and towards making sure all those who get such licenses are very well-funded: A difficult and…

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‘No CBD For You!’ As FDA Threatens Legal Action Against CBD Cannabis Companies

‘No CBD For You!’ As FDA Threatens Legal Action Against CBD Cannabis Companies

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Marijuana And The Federal Trade Commission, ‘Protecting America’s Canna Consumers?’

Marijuana And The Federal Trade Commission, ‘Protecting America’s Canna Consumers?’

Hilary Bricken It’s no secret that in the wake of the 2013 Cole Memo, federal agencies greatly vary in how they treat marijuana businesses. The Department of Justice has opted to “stand down” for now in those states with “robust state marijuana regulations.” The Internal Revenue Service will not relent on enforcing section 280e against cannabis…

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Marijuana’s Flower Power Is Leading To (National) Energy Headaches

Marijuana’s Flower Power Is Leading To (National) Energy Headaches

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