...| Federal Vs State Policy Comparison | | | CJA 464 | Robert Powers | | Each state has their own specific unique laws established individually for their state. In conjunction with those laws that exist over the people in their specific state there are also federal laws that govern the states as well as the people who live in them. These laws that govern the people are known as state laws and federal laws. The U.S. Constitution is the supreme law of the land in the United States. “It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems (Comparing State & Federal Courts, 2013)”. The Constitution provides the federal government the authority it needs to handle the nations international affairs as they deal with foreign policy, this enables the federal government to create and establish the national defense needs of the nation, and it also allows them the power to handle and deal with the issues which are currency related inside the nation. The federal government is superior to state government, and, because of this federal law will override state law. The Fourteenth Amendment in the United States Constitution designates that the Bill of Rights valid in each state. According to the Constitution federal law is designated to govern items passed in legislation by the United States Congress...
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...331 Cari Lynn Beecham-Bautista September 14, 2015 State vs. Federal Marijuana Legalization Marijuana usage in the United States is a controversial subject that tests the very fiber of the U.S. Constitution. The debate centers about the argument of each states rights under the 10th Amendment of the Constitution. Although many states have legalized marijuana for medical and recreational usage it is still against federal laws. The nation’s capital and eighteen states have legalized medical marijuana use and two states have legalized recreational use. Widespread acceptance in favor of legalization is rapidly spreading. This paper will discuss three different scenarios where marijuana usage in states and the federal government’s stance are in conflict, through the lens of retributive, commutative and distributive justice. The first scenario that will be analyzed is a person who lives in a state that legalized medical marijuana growth, distribution and use in small quantities. To shed some light on this scenario a real world scenario will be described and analyzed. In March of 2015 a family in Washington State went on trial after being arrested by the DEA for the growth distribution and use of marijuana. The family argued that they were using the marijuana within the confines of legalized standards for an elderly man who was cancer stricken and his wife who had arthritis (Hughes, 2015). The federal government on the other hand argued the family were part of a drug trafficking...
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...Running head: STATE VS. FEDERAL REGULATIONS PAPER State vs. Federal Regulations Paper XXXXXXXX University of Phoenix XXXXXXX MGT/434 State vs. Federal Regulations Paper Employees are protected by many federal and state laws that regulate what an employer cannot and can do. Therefore, figuring out which employment laws apply to the workforce can present a challenge because they can come from federal and state sources. The laws that are applicable to each workforce sector for employee protections depends on many factors; the number of employees, the type of business it conducts, and if it crosses state boundaries. The purpose of this paper is to examine how federal and state governments differ in their application of employments laws and will discuss an employment protection provided exclusively by a state government. State vs. Federal Wage, hour and employment laws governing employers and employees are set at the state level and the federal level. Often measurable differences between federal laws and state laws exist depending on the state the company is operating in. When this occurs, companies are supposed to comply and govern their policies to follow the laws that offer the best protection to the employee. On the federal level the agency over employment law is The US Department of Labor (DOL) this agency administers federal employment laws. In most states employment laws are administered by the states labor division. With many agencies under...
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...University of Phoenix Material Employment Laws Chart Complete the chart below using information from the weekly readings and additional research if necessary. | | |Court Case Influential to | | | | |Description and Requirement of Law |Establishment of Law |Importance of Law |Workplace Application | |Employment Law | | | | | | |Said to be the single most important |Griggs vs, Duke Power Company |Is was designed to eliminate the |Typically applied in the hiring | |Civil Rights Act of 1964 |piece of legislation that has had the | |discrimination of potential employment|process or the selection of potential | | |greatest affect on reducing employment| |based on the significant facets of |employment candidates. | | |discrimination; established in 1964. | |discrimination such as: gender...
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...University of Phoenix Material HRM 300 Employment Laws Chart Complete the chart below using information from the weekly readings and additional research if necessary. | | |Court Case Influential to | | | | |Description and Requirement of Law |Establishment of Law |Importance of Law |Workplace Application | |Employment Law | | | | | | |Prohibits discrimination in hiring, |Jones v. Mayer Co (1968) |The law is important because it gives |This law prohibits discrimination in | |Civil Rights Act of 1964 |compensation, terms, conditions or |The court held in this case that |individuals equal rights. The law |hiring. | | |privileges of employment based on |federal law bars all racial |makes sure everyone is being treated | | | |race, religion, color, sex, or |discrimination, in sale or rental of |fairly and it ensures...
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...Professor Garcia Federal Government VS States on Cannabis Law Conflict The Federal Government’s Law against Marijuana and the State’s recent law decriminalizing marijuana has been a controversy for a short while now. Marijuana is made by taking dry leaves and flowers from a hemp plant. Marijuana has been around for years. The first recorded use of it was in 7000 B.C. The ancient Chinese, Greeks, Egyptians and other countries used the plant as a medical herb. Marijuana was first outlawed by the states starting in 1913. In 1937 the marihuana tax act of 1937 was passed by the federal government. The Marihuana Tax Act (“Act”) is a U.S. federal law that imposed tax on the sale of cannabis, hemp, or marijuana. The Act did not itself criminalize the possession or usage of hemp, marijuana, or cannabis. But included penalty and enforcement provisions to which marijuana, cannabis, or hemp handlers were subject. Violation of these procedures could result in a fine of up to $2000 and five years' imprisonment. (US Legal). In 1970 the controlled substance act was passed. Marijuana was one of the drugs banned as a schedule I drug. All drugs in the United States go through the DEA and the FDA to be classified and put into a schedule. There are five schedules. Schedule I are the highly addictive drugs and schedule v are not highly addictive. By marijuana being put into the schedule I it means that The DEA and the FDA do not believe that the drug can be used as a medical treatment. Studies...
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...Medical marijuana has been the topic of discussion in the medical field as well as in Society itself. In 1937 the Marijuana transfer act was passed. While this didn’t make marijuana illegal it was prohibited to produce. When the controlled substance act was passed in 1970, marijuana became illegal. Marijuana is considered at schedule 1 narcotic, in order for a drug to be considered a schedule 1 narcotic, the drug must; “have a high potential for abuse, have no currently accepted medical use in the United States, and have a lack of accepted safety for use of the drug or other substance under medical supervision.” Other drugs among this list are Heroin, Ecstasy, LSD and GHB (the “date rape” drug) there are many arguments when it comes to this subject, the major issue being the overall safety. Many doctors and patients agree to disagree when it comes to medical marijuana. With all the studies that have taken place and the fact the 15 states are now recognizing marijuana to be legal as long as its prescribed by a licensed doctor it may be time to take another look at the cannabis plants and consider to change the fact that is can no longer be a scheduled 1 narcotic since is does have current acceptable medical use for treatment in the United States. Many doctors agree that marijuana serves its purpose in the medical community. “Jocelyn Elders, M.D. wrote in a 3/26/04 editorial published in the Providence Journal in Rhode Island: The evidence is overwhelming that marijuana can...
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...Nick Montesano Buss 200 Administrative Law Essay The College Of New Jersey Dr. Laura Sanders 9/29/30 A National Dispute In the past decade there has been an increased controversial view of tobacco, alcohol, and marijuana. People have been divided on how to regulate these products in the market, causing much governmental controversy. There have been many groundbreaking and unprecedented court cases that have been shaping the public policy on which these substances stand on. These substances have an immediate and perilous effect on the health of all human beings. Tobacco is the leading cause of preventable death in the United States, alcohol causes impaired judgment and in turn causes people to do things that affect their health physically and emotionally, and marijuana has almost the same effect as alcohol. (New England Law) Health is the ultimate concern when studying these three substances, which would lead to the Family Smoking Prevention Act to survive the Hudson Test. The Granholm case would lead one to believe that states cannot discriminate against outsiders from sales, and the medical exceptions for marijuana are valid on the fact that it has a medical advantage to some citizens. I strongly believe that the federal government has a right to regulate certain aspects of these substances based upon the danger posed to the health of citizens. This paper will discuss certain court cases that shape my opinion for every substance...
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...abortions. Since the criminalization of abortion in 1910 1.2 million women per year committed illegal abortions resulting in many deaths and thousands harmed. Though the court case Roe vs Wade helped legalize abortion all across the U.S, Certain States have placed regulations that restricts women on have abortions. Because of the unconstitutional bans, restrictions on medicaid funding, and a bill that would contributes to the outlaw of abortion in america which negatively affects women. Roe vs wade was a milestone for abortion activists. In 1969 Norma McCorvey sought to terminate her unwanted pregnancy but at that time abortion was only legal for women if their life was in danger. Mccovey proceed to file a lawsuit against henry wade, the district attorney of dallas county. The infamous court case recognized a constitutional right to privacy, which is...
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...*The Evolution of Cannabis:* a Recreational drug transition*ing to a medical remedy approved by* Americans. Cannabis has been a recreational drug and medical remedy since the herb was known to exist but, today cannabis has been researched, approved by legislators to be used only for applications. People have opposed the consumption of marijuana for medical and recreational use. The herd known as cannabis indigo is the # l drug and the hottest issue coming to the surface of social issue for Americans. History of the Problem (Include, perhaps, past attempts at solutions. Work in sources. The plant marijuana has been known since 6000 B.C. and in 1840 in America medical preparation cannabis was legal and available to Americans. The United State government and the department of food and Drug Administration ordered in 1906 to label products that contained cannabis. The Harrison Act in 1914 listed Cannabis, to be approved but the law did not pass legislation. The pharmaceutical industry's was opposition the approval due to lack of beneficial properties. In 1915-1924 cannabis was prohibited for non medical use in the United States. Dr. Hamilton Wright, a State Department official whom from 1908 to 1914 coordinated the domestic and international aspects of the federal antinarcotics campaign, wanted cannabis to be included in drug abuse legislation because of his belief in a hydraulic model of drug appetites. He reasoned, along with numerous other experts, that if one dangerous drug...
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...of Stevens vs, Hickman Community Hospital was prominent when the Tennessee Court of Appeals dismissed the case based on failure to comply with Tennessee’s Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. This paper will include an IRAC Brief that will explain the case in detail followed by a brief explanation of governmental principles of regulatory compliance requirements, a brief explanation of methods for managing the legal risks that arise from regulatory compliance issues, and how this case can be applied within a business managerial setting. IRAC Brief Christine Stevens a Tennessee woman filed a malpractice lawsuit against Hickman Community Hospital, the emergency room services and physicians who cared for her husband Mark Stevens, which subsequently resulted in his demise. The case however is being challenged as a result of failing to comply with regulatory requirements set forth in the Tennessee Medical Malpractice Act and the Health Insurance Portability and Accountability Act of 1996. Case In accordance with the Tennessee Medical Malpractice Act, on April 11, 2011, counsel for Mrs. Christine Stevens the spouse of Steven Stevens, formally notified Hickman Community Hospital and Dr. Whitaker of the impending malpractice allegations in their care and treatment of Mark Stevens (FindLaw, 2013). The formal notice was also accompanied by a medical record release...
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...didn’t feel as if cocaine would be enough to get his company up and starting as fast as he wanted, so he took on marijuana and started working on making it illegal at the federal level. Anslinger stated “There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos, and entertainers. Their Satanic music, jazz, and swing, result from marijuana use. This marijuana causes white women to seek sexual relations with Negroes, entertainers, and any others.” Anslinger soon became the first drug czar a person who deals with direct drug-control propaganda in the United States. Anslinger began making up these stories about how marijuana was the cause of gang of boys raping two teenagers girls and how a sixteen-year-old killing his whole family. By 1937 the Bureau set two important steps, first a plan to get from Congress to pass a new law that it would be under federal control on marijuana and its distributions. Second, any forms of media would mention the cleaning up hundreds of acres of marijuana. As years passed the use of marijuana was not just known to be “evil weed”, but it is also used for pain relief, control nausea and vomiting and appetite stimulation. Also, marijuana can provide some beneficial solutions, the federal government does not agree with marijuana being classified a medical drug. If marijuana was to become legal in all state, I feel that there should be a limit placed on the amount or marijuana distributed if...
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...Roe vs.Wade The Roe vs. Wade case was a challenge to a Texas law that made it illegal for a woman to have an abortion unless her own life was at risk or in the case of rape or incest.This case was brought about by “Jane Roe”also known as Norma L. McCorvey,an unmarried woman who, in June 1969, discovered she was pregnant with her third child.When she returned to Dallas,Texas her friends encouraged her to alledge that she had been raped in order to legally obtain a medical abortion.However,this allegation held no merit as there was no record of a police report reporting the rape.Norma then sought the help of attorneys Linda Coffee and Sarah Weddington.They took on the case.In 1970, Coffee and Weddington filed suit in the United States District Court for the Northern District of Texas on behalf of McCorvey (under the alias Jane Roe). The defendant in the case was Dallas County District Attorney Henry Wade, who represented the State of Texas.On June 17, 1970, a three-judge panel of the District Court unanimously declared the Texas law unconstitutional,stating that it violated the constitutional right to freedom found in the ninth amendment. However the judges decided to not place a mandatory punishment of states that enforce the law.This prompted McCorvey’s attorneys to take this case to the supreme court. The supreme court judges were hesitant to hear this case because they felt the appeals raised difficult questions on judicial jurisdiction.But,the case reached the Supreme...
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...Antitrust law is a complex area of federal and state statutory law, the primary purpose of which is to prevent businesses from creating unjust monopolies or competing unfairly in the marketplace. Antitrust law seeks to maximize market efficiency and to protect consumers. Antitrust law prohibits some actions between businesses at different levels of the market. Agreements or actions between businesses and customers, between manufacturers and distributors, or between distributors and retailers. An experienced antitrust attorney who stays abreast of current developments in joint venture policy should be able to advise the organization on how to avoid antitrust problems. The Sherman Anti-Trust Act is the basic federal antitrust statute. It prohibits...
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...Viewpoint of the Society on Medicinal Marijuana Everything in the society is changing, especially the laws. Legal and illegal drugs are everywhere in society. People, especially teens, know someone who has drugs and could easily get access to them. Drugs like marijuana are one of those easily accessible drugs. Marijuana is still one of the common drugs and is still considered illegal under the federal laws in the United States. Some states such as California have passed laws allowing marijuana legal to smoke and sell. The medical marijuana is to use for medicinal purposes and can only be prescribed by a doctor. Researchers and scientists support the use of marijuana as a medical drug. Some people like patients may view this positively, because the medical marijuana actually worked on them as they get a lot better. Despite some viewpoints in favor of the use of marijuana, it is still an unethical use of the drug, because there are still negative effects of using marijuana. Even though patients who are suffering from illness or disease and are using medical marijuana, patients viewed that it helps them feel better. With the increase of medical marijuana, the worldwide report estimates between 200 and 300 million people are now smoking marijuana (Earleywine 29). With 40% of the public using marijuana as medicine, it has changed the needs and values of our society. The use of medical marijuana can treat patients with many different ailments such as pain, nausea, vomiting, and AIDS...
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