Meet the E-Board: Lauren McCarthy, 2019-2020 Business Editor

Lauren McCarthy ’20 is a 3L student and 2019-2020 Business Editor of the UMass Law Review.  The summer after her first year of law school, Lauren worked as a judicial intern at the United States District Court for the District of Massachusetts.  This past summer, Lauren achieved her goal of working in Washington, D.C., where she was a participant in the Koch Internship Program through the Charles Koch Institute.  Through this experience, Lauren worked as a legal intern at the Competitive Enterprise Institute where she assisted with legal research and writing, specifically for administrative law petitions to the U.S. Department of Energy and the U.S. Department of Transportation.

In addition to serving on the editorial board for the UMass Law Review, Lauren is also  President of the UMass chapter of the Federalist Society.  Currently, she is active in the Mashpee Wampanoag Legal Services Clinic in which she provides legal services for members of the Mashpee Wampanoag Tribe.

Upon graduation, Lauren hopes to work in both government and politics.

Meet the E-Board: Aleah Fisher, 2019-2020 Executive Articles Editor

Aleah Fisher ’20 is a 3L student and the Executive Articles Editor of the UMass Law Review.  Prior to law school, she studied political science and criminal justice at Fitchburg State Universtity where she received a Pre-law bachelor’s degree. At Fitchburg State, Aleah was involved in Moot Court and was fortunate enough to make it to the final day of the national competition. In addition to attending law school, she works as a research assistant in the law school’s library. She is also currently an intern with the District Attorney’s office in the Attleboro District Court.

Upon graduating, Aleah intends to pursue her passion for child advocacy. She hopes to work in either the juvenile justice system, for the Department of Children and Families, or for the Department of Youth Services. As a member of the UMass Law Review, Aleah’s independent scholarly work has focused on advocating for comprehensive sex education in special education classrooms.

Aleah is one of five and currently lives in Leominster, Massachusetts, with her parents and two youngest brothers.

 

Meet the E-Board: Flannery Rogers, 2019-2020 Managing Editor

Flannery Rogers ’20 is a 3L full-time day student and the Managing Editor of the UMass Law Review. She is also a Public Interest Fellow and a member of the UMass National Moot Court Team. She plans to work as a public defender after graduating and hopes to enter the criminal appellate practice later in her career.

Prior to attending law school, Flannery received a Master of Science from the London School of Economics and Political Science in Law, Anthropology and Society. Her dissertation examined the conflict between public and private conceptions of the political subject in both biotechnological and revolutionary discourse. This segued nicely into her next career—six years as an oyster farmer in Waquoit Bay on Cape Cod. Flannery also serves as a Town Meeting Member and as a member of the Charter Review Committee for the Town of Falmouth. She lives in Woods Hole, Massachusetts and wishes she had more time to go sailing.

Meet the E-Board: Mary Brigh Lavery, 2019-2020 Editor-in-Chief

Originally from Dillsburg, Pennsylvania, Mary Brigh Lavery ’20 is currently a 3L student in the dual Juris Doctor/Master of Public Policy degree program and Editor-in-Chief of the UMass Law Review. This past summer she was a 2019 Rappaport Law and Public Policy Fellow and interned for the Massachusetts Caucus of Women Legislators. In the summer of 2018, she worked for the Commonwealth of Pennsylvania Governor’s Office of General Counsel in the Department of Health.

Mary Brigh is passionate about tackling women’s issues and advocating for women’s rights. As a member of UMass Law Review, Mary Brigh has focused her research on reformed nondisclosure agreements and how states can pass NDA legislation in light of the #MeToo Movement. In addition to Law Review, she is a member of the National Moot Court Team awarded Best 2018 Regional Brief, an Evidence teaching assistant, and assistant to the Dean of the Public Interest Law Program.

Mary Brigh plans to stay in Massachusetts upon graduation and work in government relations.

Introducing the 2019-2020 UMass Law Review Editing Team

Editorial Board:
Editor-in-Chief: Mary Brigh Lavery
Managing Editor: Flannery Rogers
Articles Editor: Aleah Fisher 
Notes Editor: Rob Devine
Business Editor: Lauren McCarthy
IT Editor: Chris Lanen
Lead Editors:
Rob Ball
Ryan Kelly
Brittany Wescott
Dave Wilson
Associate Editors:
Thomas Martin Remo Brennan
Rick Connors
Nicholas DeMarco
Jocelyn Frawley
Molly Hyland
Eve M. Madden
Alyssa McCartney
Gregory J. O'Neill
Abigail Peckham
Lisa Raimondi
Samantha Reid
Ashley Taylor Rix
Spencer Schneider
Matthew R. Stevens
Shareefah Taylor
Laura Trevino

CANNABIS LAW IN MASSACHUSETTS: WHETHER THE TOWN APPROVAL APPARATUS PUNISHES COMMERCIAL CANNABIS OPERATORS

Towns and cities are the first gatekeepers in the commercial cannabis licensing process.[1]After a potential cannabis business entity finds a suitable location usually in a mixed use industrial zoning area,[2]the entity must request a host agreement from the town and city.[3]If approved, then the entity submits a cannabis licensing application to the Massachusetts Cannabis Control Commission (“CCC”) for final review.[4]Upon approval from the CCC, the cannabis business entity may open a cannabis business at the location permitted by the town or city.[5]Currently, only two cannabis retail stores are open in Massachusetts.[6]Because a town’s approval is the first step in the licensing process, the town ultimately controls the possibility for any cannabis business.[7]

Although local control of businesses is often a positive method to allow residents to exercise authority over their properties and taxes, local cannabis regulations may lead to arbitrary and capricious business approvals for commercial cannabis operators.[8]This begs the questions of what business entities should receive the town’s approval and how should this decision process be made.[9]When a town is looking at the potential of millions of dollars in tax revenue per year, this decision might be too overwhelming to be made at the local level.[10]In order to avoid the potential for arbitrary and capricious behavior at the local town level, the CCC should provide for oversight of the initial town approval process to allow all applicants an equal opportunity and prevent nepotism.[11]Therefore, the CCC should create guidelines for applicants to appeal a town approval as these town approvals currently lack an appeals process or transparency on the decision making process.[12]

For commercial cannabis operations in town and cities, the profits outweigh the potential disadvantages.[13]The cannabis retail sales tax will create an astonishing tax resource for state and town necessities,[14]and commercial cannabis operations will regulate the industry to stop the dangers of black market sales and of private residential cannabis cultivation.[15]Thus, because the town cannabis approval apparatus can be arbitrary and capricious to commercial cannabis operators, a rational approach is recommended for town cannabis commercial approval through a robust CCC state oversight and appeals process.[16]

[1]Regarding Laws Governing Adult Use Marijuana in Massachusetts. Massachusetts Government Homepage on the Cannabis Control Commission(2018), https://mass-cannabis-control.com/cnb-faqs/#toggle-id-1.

[2]Fall River Town Zoning Bylaws (2018).

[3]Regarding Laws Governing Adult Use Marijuana in Massachusetts. Massachusetts Government Homepage on the Cannabis Control Commission(2018), https://mass-cannabis-control.com/cnb-faqs/#toggle-id-1.

[4]Id.

[5]Id.

[6]Id.

[7]Id.

[8]But seeFranson v. City of Woburn, 2016 WL 4778392 (Mass. Land Ct. Sept. 14, 2016) (spot zoning ruled legal and not arbitrary and capricious).

[9]Id.

[10]Id.

[11]Id.

[12]Regarding Laws Governing Adult Use Marijuana in Massachusetts. Massachusetts Government Homepage on the Cannabis Control Commission(2018), https://mass-cannabis-control.com/cnb-faqs/#toggle-id-1.

[13]Legal Pot Shops in Mass. Sold More Than $2.2 Million in Their First Week, (Nov. 27, 2018), https://www.wbur.org/news/2018/11/27/northampton-leicester-recreational-marijuana-sales.

[14]Id.

[15]Cannabis is Legal in California: What’s Different? https://www2.calstate.edu/csu-system/news/Pages/Cannabis-Is-Legal-in-California—What-Has-Changed.aspx(Apr. 20, 2018).

[16]But seeFranson v. City of Woburn,2016 WL 4778392 (Mass. Land Ct. Sept. 14, 2016) (spot zoning ruled legal and not arbitrary and capricious).