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Chasing The Atticus Code: Preserving Adjudication Integrity In Local Administrative Hearings, Michael N. Widener Dec 2010

Chasing The Atticus Code: Preserving Adjudication Integrity In Local Administrative Hearings, Michael N. Widener

Michael N. Widener

There are thousands of local governments in America, with estimates ranging to upwards of 90,000 such jurisdictions. Substantial numbers of attorneys act as hearing officers in those communities in a variety of roles. Some are independent contractors; others volunteer their services. Irrespective of compensation, I argue in this essay that, in a “non-counselor” role, Atticus is essentially ungoverned by codes of attorney professional conduct. Thus, potential for mischief abides, a circumstance worsened by the failure of many communities to impose standards of ethical behavior on these contractors or volunteers. I argue that in many instances the lone governing ethic affecting …


Medicinal Cannabis Entrepreneurs As Commercial Tenants: Assessment And Treatment, Michael N. Widener Dec 2010

Medicinal Cannabis Entrepreneurs As Commercial Tenants: Assessment And Treatment, Michael N. Widener

Michael N. Widener

The potential advantages (cash flow) to medical marijuana businesses and their landlords are apparent – yet superficially. This paper considers the path of prudent landlord navigation among regulators, creditors, insurers, tenants and neighboring landowners regarding leasing commercial premises to the medical marijuana entrepreneur, or “MME” for short. MME's present unique challenges to industrial, warehouse and other commercial project owners due to a complex web of federal, state and local controls over such operations, in addition to private covenants controlling permitted uses in multi-party real estate projects. The hazards of asset forfeiture and environmental liability are discussed in this paper. These …


Bridging The Gulf: Using Mediated, Consensus-Based Regulation To Reconcile Competing Public Policy Agendas In Disaster Mitigation, Michael N. Widener Dec 2010

Bridging The Gulf: Using Mediated, Consensus-Based Regulation To Reconcile Competing Public Policy Agendas In Disaster Mitigation, Michael N. Widener

Michael N. Widener

In the Deepwater Horizon – Macondo well debacle, experts from the petroleum industry, along with government and non-governmental organizations promoting stewardship of the environment, were among those who planned, executed and advised poorly during the petroleum products spill period. Yet some will be highly vocal persons seeking to influence policies and future regulations. In circumstances involving environmental disasters, ostensibly there are no experts. Conundrums of science and ethics in disaster mitigation fracture debate over the proper courses of action and future government authorizations of industry action. No one person, or modestly – sized group of persons, has sufficient experience or …


Medicinal Cannabis Entrepreneurs As Commercial Tenants: Assessment And Treatment, Michael N. Widener Dec 2010

Medicinal Cannabis Entrepreneurs As Commercial Tenants: Assessment And Treatment, Michael N. Widener

Michael N. Widener

The potential advantages (cash flow) to medical marijuana businesses and their landlords are apparent but superficially so. This essay considers the path of prudent landlord navigation among regulators, creditors, insurers, tenants and neighboring landowners regarding leasing commercial premises to the medical marijuana entrepreneur, or MME for short. MME's present unique challenges to industrial, warehouse and other commercial project owners due to a complex web of federal, state and local controls over such operations, in addition to private covenants controlling permitted uses in multi-party real estate projects. The hazards of asset forfeiture and environmental liability are discussed in this essay. These …