Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The structure of the federal court system
Three judicial rules of statutory interpretation
Ethical discussions about the legalization of marijuana
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The structure of the federal court system
The conflicts between State and Federal law are numerous, recently the high debate concerning marijuana has been seeing high interest. This case highlights a division not only in citizen perception, but also the actualized reality in the Criminal Justice system; where morality and discretion as well as State and Federal powers clash. In a recent Colorado case, Coats v. Dish Network, where an employee was terminated and later sued, the Colorado Supreme Court ruled against Coats. This recent ruling shows how far of a reach the Federal government can have when influencing laws onto States What the issue for the Coats case is concerned with, is how the Colorado courts interpreted their laws; that is, they extended the breadth of their meaning of “laws” in their statutes to include both Federal and State regulations. The courts used the Fair Labor Standards Act, a Federal law that requires all states to abide by Federal regulations concerning fair employment practices, to allow the interpretation of the word “law” to include Federal laws as well as states. Though marijuana has been allowed to some extent by Colorado’s 20th and 64th Amendments; where Federal law is …show more content…
concerned the use of the schedule 1 drug is still illegal. Meaning that the courts utilized their discretion to allow Federal powers to be exercised within their state, in effect overwriting state laws by way of judicial discretion. Hickey’s “Clashing Views in rime and Criminology” opens several distinct perceptions that have interest in this topic.
In his book Issue 15 is concerned with the legalization of marijuana. He presents two views one from E. A. Nadelmann who supports the legalization of the substance for both economic and cultural objects (arguably moral reasons as well), and the other form J. P. Walters who presents the issue as a social harm that leads to greater ills. Both present convincing issues, but what becomes relevant with the Coats case is the moral bases. That is, morally speaking, Coats was doing no harm to society as a whole and was abiding by state laws. Supporting Nadelmann’s views, the case falls under the ideology of courts using the laws to do more harm then good when confronted with marijuana
cases. Hickey also opens up issues regarding Federal law and State law. In issue 20, the question was how states should operate their procedures regarding DNA evidence access to the accused/ guilty parties and whether the Federal courts had a right to infringe on state laws with Federal powers. How this relates to the Coats case is that the State court allowed Federal regulations to be used. In Issue 20 Justice J.P. Stevens argued on a moral bases, asserting that morality was needed in the courts and that the Federal powers had a responsibility to insure that justice would be carried out, however. Justice J. Roberts’ view was that the State courts had a right in interpreting their laws as they saw fit. Here the issue was morality vs. the purpose of Federal oversight. A concept that is widely debated from issue to issue. Roberts’ view was that Federal oversight was only concerned with ensuring that states did not violate U.S. Constitutional Rights as well as other Federal laws that States are required to conform to, such as the Fair Labor Standards Act. His interpretation, in regards to District Attorney’s Office for the Third Judicial District v. Osborne (2009) can be seen as a respect for State laws, and acknowledging that Federal regulations existed as a frame work and border so that States do not infringe on human rights recognized by the U.S. government. Concerning Coats’ case, issue 9 and issue 20 are both associated to some degree. Coats’ sees his actions as Nadelmann does, that they were morally right; and even more so when analyzing Colorado state laws as written and interpreted in its narrowest sense- by state laws only. Issue 20 comes into effect in regards to Federal powers and oversight. Here the State used the abilities of the Federal government to interpret it’s laws as both State and Federal regulations; making Coats guilty by Federal standards. What these concepts illustrate is that division of perception that most people become aware of when confronted with some process in the criminal justice system; in this case the court system. Most individuals have the notion that justice is rooted in morality; they are not wrong, however. They often are unaware of the discretionary powers that the courtroom work group has. In regards to Federal and State powers, like Coats, most people understand that their state’s laws are supreme and that if they abide by them they are in the right. This too can become a product of discretion, where laws are both subject to and interpreted by the work group. The Coats case illustrated these points, where morality lost to discretion (as outlined in issue 9). As well as where Federal oversight can affect individuals even when they are appealing to state laws (a concept related to issue 20). Though the Coats case was centered around the legality of marijuana use and termination by employer, these concepts are applicable.
The company that I have chosen is Comcast Cable Company. Currently, Comcast is the leader in the home entertainment industry. Comcast offers their customer's: cable television, internet service, home phone service, television screaming app, home security, and mobile service. The company is working to compete with AT&T/ Direct TV, Dish Network, Hulu, Netflix and sling Tv. The competitors do offer cheaper service, but Comcast is known mostly for its great internet service. Xfinity Instant TV and Xfinity Mobile are the newest product that has been launched by Comcast. Xfinity Mobile has two phone plans, and you must have Xfinity internet service. Xfinity Mobile plans are: By the Gig data and Unlimited data. The By the
Founded in 1966 and based in Calgary, Shaw Communications is a Canadian telecommunications company that provides telephone, Internet and television services as well as mass media related services. The Company operated through three principal business segments such as Cable, consisted of cable television, Internet, Digital Phone and Shaw Business operations. Satellite, consisted of direct-to-home (DTH) and Satellite Services. Lastly media consisted of television broadcasting. Shaw Media operates as conventional television networks in Canada, Global Television, and numerous specialty networks. It provides customers with entertainment, information and communications services, utilizing a variety of distribution
The duties of a police officer are to ensure that there is maintenance of public peace and order. In order to perform their duties and obligations they require certain powers, authority in order to perform their duties and this extends the power to arrest. This paper focuses on the decision of the court in DPP v Carr, the amendments on Law Enforcement (Powers and Responsibilities) Act (LEPRA) section 99 and a critical evaluation of statements made by Sentas and Cowdery.
The Supreme Court reversed the decision concluding that Smith et al. were using their religious beliefs and the First Amendment to condone their illegal drug use. In addition the Justices expressed the view that the law applied to the general public, not to just one religious group. Therefore, in a 6-3 decision, the Supr...
Lately it seems that drug policy and the war on drugs has been in the headlines quite a lot. It is becoming increasingly apparent that the policies that the United States government takes against illegal drugs are coming into question. The mainstream media is catching on to the message of organizations and individuals who have long been considered liberal "Counter Culture" supporters. The marijuana question seems to be the most prevalent and pressed of the drugs and issues that are currently being addressed. The messages of these organizations and individuals include everything from legalization of marijuana for medical purposes, to full-unrestricted legalization of the drug. Of course, the status quo of vote seeking politicians and conservative policy makers has put up a strong resistance to this "new" reform lobby. The reasons for the resistance to the changes in drug policies are multiple and complex. The issues of marijuana’s possible negative effects, its use as a medical remedy, the criminality of distribution and usage, and the disparity in the enforcement of current drug laws have all been brought to a head and must be addressed in the near future. It is apparent that it would be irresponsible and wrong for the government to not evaluate it’s current general drug policies and perhaps most important, their marijuana policy. With the facts of racial disparity in punishment, detrimental effects, fiscal strain and most importantly, the history of the drug, the government most certainly must come to the conclusion that they must, at the very least, decriminalize marijuana use and quite probably fully legalize it.
Walsh, John. "Q&A: Legal Marijuana in Colorado and Washington." The Brookings Institution. Washington Office on Latin America, 21 May 2013. Web. 26 Feb. 2014.
The controversy of legalizing marijuana has been raging for quite a while in America. From some people pushing it for medical purposes to potheads just wanting to get high legally. Marijuana has been used for years as a popular drug for people who want to get a high. All this time it has been illegal and now it looks as if the drug may become legal. There has been heated debate by many sides giving there opinion in the issue. These people are not only left wing liberals either. Richard Brookhiser, a National Review Senior editor is openly supportive of medical marijuana yet extremely conservative in his writing for National Review (Brookhiser 27). He is for medical marijuana since he used it in his battle with testicular cancer. He says "I turned to [marijuana] when I got cancer because marijuana gives healthy people an appetite, and prevents people who are nauseated from throwing up. "(Brookhiser 27) Cancer patients are not the only benefactors from the appetite enhancer in marijuana, but so are any other nauseous people. Arizona and California have already passed a law allowing marijuana to be used as a medicinal drug. Fifty Six percent of the California voters voted for this law. "We've sent a message to Washington," says Dennis Peron. "They've had 25 years of this drug was, and they've only made things worse." (Simmons 111) The Arizona proposition garnished an even wider margin of separation between the fore's an against in a sixty five percent support tally. Ethan Nadelmann insists that " these propositions are not about legalization or decriminalization. They're about initiating some non radical, commonsense approaches to drug policy." General Barry McCaffery disagrees saying, "I...
Before any federal law regarding marijuana was ever proposed, some of the States took it upon themselves to regulate the possession, distribution and consumption of marijuana based on racial prejudice against Chinese immigrants. Referencing law passed by the state of California in 1913 one physician observes that, “The 1913 law received no attention from the press or the public. Instead, it was promulgated as an obscure amendment to the state Poison Law by the California Board of Pharmacy, which was then pioneering one of the nation's earliest, most aggressive anti-narcotics campaigns. Inspired by anti-Chinese sentiment, California was a nationally recognized leader in ...
"State Medical Marijuana Laws." Legislative News, Studies and Analysis. National Conference of State Legislatures, 2014. Web. Apr. 2014. .
...ke of argument - that marijuana has no medical value whatsoever, despite the fact that it has a several thousand year history of medical use and that a prescription drug is made from its primary active ingredient. Let's assume - for the sake of argument - that all these medical marijuana patients are just fooling themselves. Even in that case, what would we stand to gain as a society by punishing sick people and putting them through an already overloaded criminal justice system? Even if they are deluding themselves- what benefit is there to prosecuting sick people?"
Cannabis, since its discovery, has been used for recreational and medical purposes. It was seen as a drug that was “safe” and did put the body at risk but benefited it. However, this is not the case anymore because the government under I Controlled Substances Act (CSA) of 1970 law banned the use of the narcotic and has the right to persecute anyone who attains the substance. Nonetheless, the question is not whether the drug is “safe” to use but whether the States should have the power to regulate marijuana or the federal government should continue having the control over the drug. Since 1996, 23 states including Washington D.C have passed laws that have legalized the medical use of marijuana, yet the federal government does not protect or even recognize the rights of users or possessors. The debate over marijuana has picked up momentum and many would agree that all this uprising conflict can be traced back to the constitution and the flaws it presents. The constitution is blamed for not properly distributing the States and Federal powers. Although the federal government currently holds supremacy over marijuana, States should have the power to regulate the drug because under the 10th amendment the federal government only has those powers specifically granted in the constitution, Likewise the States have the right to trade within their own state under the Commerce Clause.
Satellite radio is a technology that provides a radically new way to listen to radio. XM’s service makes use of advanced satellite capabilities and elaborates terrestrial receiver architecture to deliver a wide array of high quality radio programming nationwide. In early 1998, Robert Acker, director of strategic planning at XM, needs to develop a marketing strategy for this new radio service. There are several decisions that need to be made by the company in order to finalize the business plan. At fist XM needs to decide which of two business models to pursue, whether emphasis should be placed on charging customers a monthly subscription fee, or whether to rely more on earning revenue through advertising. In addressing this problem, management must consider the value that XM radio could propose for different consumer segments as compared with existing modes of radio (AM, FM) and in relation to its sole competitor in satellite radio – SIRIUS. Besides choosing a business model there is also a need to explore how best to approach and leverage manufacturer and channel partners, considering high unknown and high-risk technology. The purpose of this report is to analyze possibilities and outline possible recommendation on strategies for XM Radio. The following areas will be examined:
Ever since marijuana’s introduction to the United States of America in 1611, controversy of the use and legalization of the claimed-to-be Schedule I drug spread around the nation. While few selective states currently allow marijuana’s production and distribution, the remaining states still skepticize the harmlessness and usefulness of this particular drug; therefore, it remains illegal in the majority of the nation. The government officials and citizens of the opposing states believe the drug creates a threat to citizens due to its “overly-harmful” effects mentally and physically and offers no alternate purposes but creating troublesome addicts hazardous to society; however, they are rather misinformed about marijuana’s abilities. While marijuana has a small amount of negligible effects to its users, the herbal drug more importantly has remarkable health benefits, and legalizing one of the oldest and most commonly known drugs would redirect America’s future with the advantages outweighing the disadvantages.
Marijuana has been illegal for less than 1% of the time that it’s been in use (Guither, 2014). Going back to 1619, the Virginia Assembly passed legislation requiring every farmer to grow hemp. Hemp was allowed to be exchanged as legal tender in Pennsylvania, Virginia, and Maryland (Block, 2014). It was actually a crime in some states to refuse to grow hemp in the 1700's. In the late 19th century, marijuana was a popular ingredient in many medicinal products and was sold openly in public pharmacies (PBS, 2014). However, in the early 1900’s things changed, a prejudice and fear began to develop around marijuana because it was being used and associated with Mexican immigrants. In the 1930’s, the massive unemployment rates increased public resentment and disgust of Mexican immigrants, which escalated public and governmental concern (PBS, 2014). In 1930 a new federal law enforcement agency, the Federal Bureau of Narcotics (FBN) was created. Harry J. Anslinger was appointed the first commissioner of the FBN in 1930 (...
Despite the 1976 ruling by the federal government that marijuana has “no acceptable medical use”, sixteen states have passed medical marijuana laws that allow for patient use o...