conduct an ABC in that state, or research the case law surrounding ABCs
This may either dissuade practitioners from pursuing ABCs as
Further, common law ABCs lack judicial review prior to the
There is also less transparency in common law ABCs because there
Finally, the flexibility of common law ABCs has a large potential for
many prefer ABCs in which statutes govern the process.
ABC statutes either supplement common law ABCs or override them.
ABCs to continue alongside their statutory counterpart, essentially
and common law ABCs. (201) In other words, minimally regulated ABCs
involve the middle ground between common law ABCs and heavily regulated
however, to address specifically troubling aspects of ABCs. (206) These
analyzing ABCs and their impact, is that no statistics are kept.