Marijuana as a Medical Option
In my opinion, a federal rule that bars doctors from easing severely-ill patients' pain through marijuana administration/prescription is an appalling, unwise, and heavy-handed one. Federal lawmakers must revoke their ban on marijuana for clinical application, in case of acutely ailing individuals, and leave it to doctors to decide whom to administer/prescribe this drug to. The government ought to alter marijuana's current schedule 1 (potentially addictive without existing medical utility) status, to schedule 2 status (possibly addictive but having accepted clinical utility) and correspondingly regulate it (Should marijuana be a medical option?).
Medical cannabis has effectively relieved pain among a number of individuals suffering from chronic ailments. Medical science researchers have only now established the scientific effectiveness of this ancient cure. Several thousand ailing individuals have substituted non-threatening, nontoxic cannabis for disabling psychotropic drugs such as narcotics. A tremendous amount of anecdotal proof has surfaced: people with injured…...
Discrimination in Employment
Title VII of the Civil ights Act of 1964 specifically prohibits discrimination in the workplace based upon a candidate's "race, color, religion, sex, or national origin" (Title VII, 1964). The act also makes it illegal to refuse to hire employees based upon membership in these specific, protected categories (Title VII, 1964). It is also illegal to refuse to promote individuals based upon membership in such categories (Title VII, 1964). The Pregnancy Discrimination Act of 1978 provides further protections for women by making it illegal to discriminate against an employee due to pregnancy or the potential to become pregnant (PDA, 1978). The Equal Pay Act of 1963 makes it illegal to pay men and women different wages for the same types of categories of work solely on the basis of gender (EPA, 1963).
Further protections for specific groups include the Age Discrimination in Employment Act of 1967, which prevents discrimination…...
mlaReferences
Age Discrimination in Employment Act of 1967. EEOC. Retrieved from:
http://www.eeoc.gov/laws/statutes/adea.cfm
Americans with Disabilities Act of 1990. EEOC. Retrieved from:
Federal Tort Claims Act
Traditionally, the federal government was immune from lawsuits by its citizens under a doctrine known as sovereign immunity. Theoretically, this immunity was justified because people would necessarily have disagreements with the government and resorting to the court system to help resolve those disputes could have resulted in a tremendous waste of time and energy. However, the situation left people with no solution when they were harmed by a person acting for the government, even if the action had nothing or little to do with the government's sovereignty. For example, under strict sovereign immunity, a person is unable to recover harms for routine torts such as slip-and-falls. Perhaps even more worrisome was the fact that, under strict sovereign immunity, people were unable to recover for intentional harms and torts inflicted by the government or government agencies, even when those harms violated federal laws. The Federal Tort Claims Act…...
mlaReferences
Chang, A. (2010, March 27). High court rules U.S. government can be sued over actions of prison guards. Retrieved April 4, 2013 from the National Public Radio website: http://www.npr.org/blogs/thetwo-way/2013/03/27/175494286/high-court-rules-u-s-government-can-be-sued-over-actions-of-prison-guards
Federal Tort Claims Act, 28 U.S.C.S § 2680 (2006).
Fuller, D. (2011). Intentional torts and other exceptions to the Federal Tort Claims Act.
University of St. Thomas Law Journal, 8(3), 375-397.
Federal and State Legislation
Domestic Violence Legislation at the Federal and State Level
Domestic violence is considered any violent act taken against someone involved in an intimate or family relationship (Eulich, 2013). It is a serious problem with countless victims each year. In 1994, Congress passed the United States Crime Bill which gave power to the federal government to help combat domestic violence, in particular violence against women and children. Specifically, the Violence Against Women Act (VAWA) was created to address this problem which is considered to not only hurt victims, but also damage families, children and society as a whole (Eulich, 2013). The Act mandates that such crimes may be prosecuted by the Department of Justice and that the Gun Control Act (that existed as part of the federal Crime Bill) be extended to include issues related to domestic violence crimes. This VAWA gives the federal government a platform for prosecuting…...
mlaReference
Eulich, W. (2013, February 13). In U.S., big strides in reducing domestic violence. Christian Science Monitor. p. N.PAG.
Federal Mandatory Minimum Drug Sentences and Their Impact on Recidivism
There is much controversy regarding mandatory sentencing and its impact on the American society throughout recent times. In many ways, prisons are used as a means to control crime, to protect society from it, with criminals being deterred from continuing to commit illegalities as a direct result of the time they spend behind bars. Mandatory minimums were generally introduced with the purpose of preventing future recidivism. The authorities considered that the uncomfortable nature of prison life and the social status associated with being in prison were enough to persuade criminals to refrain from ever expressing interest in illegalities once they were set free. Other schools of thought appear to think just the opposite as some believe that prison time actually has a negative impact on convicts, while others believe that criminals experience little to no change consequent to staying in prison.
Mandatory…...
mlaWorks cited:
Book:
Goldberg, Raymond, "Drugs Across the Spectrum, 7th ed.," (Cengage Learning, 5 Oct 2012)
Kitwana, Bakari, "The Hip-Hop Generation: Young Blacks and the Crisis in African-American Culture," (Basic Civitas Books, 2008)
Lyman, Michael D., "Drugs in Society: Causes, Concepts, and Control," (Newnes, 25 Sep 2013)
Federal eserve Bank
Financial services as an industry has progressed to become one of the widely transforming sectors of the global economy, having significant changes in information transference and processing, innovation in terms of commodities and processes, and rapid competition among the financial institutions -- among themselves and also among their several customers. The industry and its part in the transformations in the economy show that the supervising and regulatory structure also needs to be reevaluated periodically. The aim of bank regulation is mostly the same -- to attain maximum static and dynamic efficiency levels in the midst of a politically and economically permissible framework which is stable and equal. However the profits are always associated with a cost by means of stability and equity. A more stable and equal financial system usually need sacrifices with regard to efficiency. (Saunders, p. 3)
A properly functioning, effective banking system is necessary for the…...
mlaReferences
Federal Reserve System. Encyclopedia Article. Accessed on 7 May, 2005http://encarta.msn.com/encyclopedia_761574452/Federal_Reserve_System.html
FR 2644- Weekly Report of Selected Assets. Accessed on 7 May, 2005http://www.chicagofed.org/banking_information/financial_institute_reports_fr2644_instructions_and_worksheets.cfm
FR 2900 Commercial Banks -- the Federal Reserve Board. WhichCategory=4 Accessed on 7 May, 2005http://www.federalreserve.gov/boarddocs/reportforms/ReportDetail.cfm?WhichFormId=FR_2900cb& ;
Garbade, Kenneth D. Recent Innovations in Treasury Cash Management. Federal Reserve Bank of New York. Current Issues in Economics and Finance. Vol: 10; No; 11; pp: 2-11.
PPSPA bills would have enabled federal regulation to perform this more efficiently than present regulation efforts exerted by the States and the Accreditation Council for Graduate Medical Education or ACGME. Restrictions to the ACGME self-regulation will be a problem only it they already exist. The problem is really that Congress is reluctant to pass laws to federally mandate these restrictions. Opponents to these restrictions teem the political milieu at Washington DC. Federal regulation of resident work hours should nonetheless remain in the major agenda for Congress, especially if and when ACGME regulatory efforts turn futile and ineffective (Lee).
Into Medical Debt
Adverse consequences have followed the lack of definite government regulation of federal hospitals. A new report from The Commonwealth Fund said that some patients incur unimaginable medical bills and go into long-term debts as a result of unclear federal laws and regulations (Mahon & Pryor, 2003). Whatever rules are followed…...
mlaBIBLIOGRAPHY
Brown, S. (2011). Federal hospitals. American Hospital Association. Retrieved on May
29, 2011 from http://www.aha.org/aha/member-center/constituency-sections/Federal-Systems/fed-index.html
Lee, C.J. (2006). Federal regulation of hospital resident work hours: enforcement with real teeth. Journal of Health Care Review Policy: University of Maryland. Retrieved on May 29, 2011 from http://digitalcommons.law.umaryland.edu/cgi/viewcontent.dgi?article=1001&content=student_pubs&sci_redi=1#search= "federal+hospitals+regulations"
Mahon, M. And Pryor C. (2003). Government regulations contribute to medical debt of uninsured and underinsured. The Commonwealth Fund. Retrieved on May 29, 2011
Thus, striking workers are protected from losing their jobs to "scabs," workers who cross picket lines to work without a union contract or representation. It is interesting to note that federal law does not protect union workers this closely, and neither do many other states.
Another interesting New Hampshire law is the Crime Victim Employment Leave Act, which just took effect on January 1, 2006. The law stipulates that employers must allow employees who are victims of crimes time off work to attend court proceedings and other legal or investigative proceedings. However, the employer does not need to pay the employee for this time off. Employers cannot discriminate or fire employees who ask to use this provision, and employees cannot lose their seniority while they are absent from work. This is an interesting law in that it addresses a concern for many employees that is not addressed by the federal government…...
mlaReferences
Editors. (2005). Employment law guide. Retrieved from the DOL.gov Web site: www.dol.gov/compliance/guide/index.htm10 June 2006.
New Hampshire Legislature. (1965). Citizens job protection. Retrieved from the New Hampshire State Web site: June 2006.http://www.gencourt.state.nh.us/rsa/html/XXIII/275-A/275-A-1.htm10
1997). Minimum hourly rate. Retrieved from the New Hampshire State Web site: June 2006.http://www.gencourt.state.nh.us/rsa/html/XXIII/279/279-21.htm10
federal question refers to the idea that a case involves federal issues, and thus triggers federal jurisdiction. Federal questions include cases involving the U.S. Constitution, acts of Congress and other federal laws, and treaties. Other issues may also trigger federal jurisdiction, such as when litigants are in two different states, or when a litigant has filed suit against a state.
What is diversity jurisdiction?
Diversity jurisdiction refers to federal court jurisdiction based on the fact that the opposing parties come from different states. The amount in controversy must be $75,000 or more, and there are some exceptions to diversity jurisdiction.
What is standing?
Standing means that a party is sufficiently connected to and harmed by an action to file a lawsuit challenging that action. Standing requires that the party be injured, that the injury was causally connected to the action at the subject of the suit, and that the court can provide an…...
mlaReferences
Schulze, E., and Patterson, S. (2005). Introduction to the American legal system, 8th ed. Upper
Saddle River, NJ: Pearson Prentice Hall.
Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were created in trading relationships between the states under the Articles of Confederation. As the nation has increased in size and economic activity, the application of the Commerce Clause has become increasingly more important. The landmark case of Marbury v. Madison established the power of the U.S. Supreme Court to interpret the application of the Commerce Clause.
4. What is discovery and what are the methods to obtain this information?
Discovery is the pre-trial phase in civil and criminal law where parties obtain information regarding the evidence possessed by the opposing side in the litigation. Various tools of discovery are available by the parties such as interrogatories, request for admissions, request for the production of…...
Federal CourtsThe United States judicial system is based on the federal courts structure as established in Article III of the Constitution. This system has been the subject of numerous studies and publications that seek to explain how it works. illiam A. Fletcher and James E. Pfander wrote a book, Gilbert Law Summaries on Federal Courts, which provides an outline of the federal court system in the U.S. The book provides an outline of Article III courts, the requirement of case or controversy, advisory opinions, and justiciability. In addition, Fletcher & Pfander discuss congressional power over federal court jurisdiction, the jurisdiction of district courts, Supreme Court jurisdiction, and ancillary jurisdiction. Through this outline, the authors also discuss the law applied in federal courts. This paper provides an overview of the federal court system in the United States based on the book by Fletcher and Pfander.History of the Federal Court SystemFletcher &…...
mlaWorks CitedBendor, Ariel L. “Are There Any Limits to Justiciability? The Jurisprudential and Constitutional Controversy in Light of the Israeli and American Experience.” Indiana International & Comparative Law Review, vol. 7, no. 2, 1997, pp. 311–378., Cole , Jared P. “The Political Question Doctrine: Justiciability and the Separation of Powers.” Congressional Research Service, Congressional Research Service, 23 Dec. 2014, https://sgp.fas.org/crs/misc/R43834.pdf . Fletcher, William A. “Congressional Power over the Jurisdiction of Federal Courts: The Meaning of the Word ‘All’ in Article III .” Duke Law Journal, vol. 59, 2010, pp. 929–954. Fletcher, William A., and James E. Pfander. Gilbert Law Summaries on Federal Courts. 5th ed., West Academic Publishing, 2014. Hessick, F. Andrew. “Cases, Controversies, and Diversity.” Northwestern University Law Review, vol. 109, no. 1, 2015, pp. 57–108. Snepp, Frank W. “The Law Applied in the Federal Courts.” Law and Contemporary Problems, vol. 13, no. 1, 1948, pp. 165–181. Thomson Reuters. “Annotation 21 - Article III.” Findlaw for Legal Professionals, Findlaw, 2022, https://constitution.findlaw.com/article3/annotation21.html . https://doi.org/10.18060/17696.
federal government has expanded through the years to develop stronger political, social, and economic structures. Social and economic issues brought about by the social issues in years prior to the Civil War and the legislation in years after the Civil War in an attempt to resolve the issues expanded the authority of the federal government. The black race was enslaved in the South, but free in the North. The role of the federal government became stronger to influence the political, social, and economic issues in an effort to build freedom and a stronger economy.
Impressment was the legislated policy to seize food, fuel, slaves, and the other commodities for armies during the Civil War. The tax-in-kind law, passed a month later, allowed the government to impress crops from farmers at a negotiated price. (DeCredico, 2011) ecause of insufficient enforcement, prices below market value, and abuse of labor, citizens hoarded goods…...
mlaBibliography
Congress, M.A. (2004). Civil Rights Act of 1875. Retrieved from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-3407400042.html
DeCredico, M. (2011, Dec 3). Confederate Impressment During the Civil War. Retrieved from Encyclopedia Virginia: http://www.encyclopediavirginia.org/Confederate_Impressment_During_the_Civil_War
Law, W.E. (2005). Fourteenth Amendment. Retrieved from Encyclopedia.com: http;//www.encyclopedia.com/topic/Fourteenth_Amendment.aspx
States, T.O. (2005). Fifteenth Amendment. Retrieved from Encyclopedia.com: http://www.encyclopedia.com/doc/1O184-FifteenthAmendment.html
It is essential for the population to become aware of the dangers brought by owning and using firearms and contribute to policies that can better regulate this aspect. It is not about taking away a constitutional freedom; it is about creating a safe environment for every citizen.
eferences:
Barth, T. (2013, January 10). A gun culture in America?. etrieved February 12, 2013, from StarNewsOnline.http://www.starnewsonline.com/article/20130110/ATICLES/130119958/-1/editorial?p=2&tc=pg&tc=ar.
Bill of ights. (n.d.). etrieved February 12, 2013, from the Charter of Freedom: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html.
Council of Foreign elations. (2012, December 21). U.S. Gun Policy: Global Comparisons . etrieved February 11, 2013, from PBS NewsHour: http://www.pbs.org/newshour/rundown/2012/12/gun-policy.html.
Gilovich, T., Nisbett, ., & Keltner, D. (2006). Social Psychology. USA: W.W. Norton & Company, Inc.
Hofstadter, . (2013). America as a Gun Culture. Gun Control Now USA [web log]. etrieved February 12, 2013 from https://guncontrolnowusa.wordpress.com/2013/01/26/america-as-a-gun-culture-by-richard-hofstadter/.
Lenz, M. (2004). Guns, Gun Culture, and the oots o the Second Amendment. Cologne: University of Cologne.
ogers, S. (2012, July 22).…...
mlaReferences:
Barth, T. (2013, January 10). A gun culture in America?. Retrieved February 12, 2013, from StarNewsOnline.
laws that affect business, pertaining to the issues of employment, health and safety, unions, discrimination, privacy and job security. These laws guide how businesses should conduct themselves in the human resources function, setting constraints on employer behavior. This paper will outline a number of these laws with respect to how they affect the employer.
Employment and Discrimination
There are several laws that fall into the category of civil rights laws. The base law is the Civil ights Act of 1964, in particular Title VII. This clause established the Equal Employment Opportunity Commission and set out guidelines for equality in employment, providing protections on the basis of race, ethnicity, gender, color, religion or national origin (EEOC, 2013). Since the passage of the Civil ight Act the 1970s saw the passage of other acts that extended the protections of the CA. These extensions applied to the disabled (Americans with Disabilities Act), on the…...
mlaReferences
Bagnestos, S. (2013). Employment law and social equity. Michigan Law Review. Vol. 112 (2013) 225-273.
Brill, E., Fant, L. & Baddish, N. (2013) 2012-2013 U.S. Supreme Court wrap-up: Hot topics in labor and employment law. Employee Relations Law Journal. In possession of the author.
EEOC. (2013). Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity Commission. Retrieved December 5, 2013 from http://www.eeoc.gov/laws/statutes/titlevii.cfm
EEOC. (2013). Genetic information discrimination. Equal Employment Opportunity Commission. Retrieved December 5, 2013 from http://www.eeoc.gov/laws/types/genetic.cfm
Trenton School
The environment at School1, were I am employed revolves around the many different standards of behavior and conduct. While much of this conduct is derived by local customs and habits, the imposing of law and order also significantly contributes to what is and what is not allowed. The purpose of this essay is to explore the relationship with both state and federal laws and School 1. This essay will explore the law and its applications to my school by examining key points and relevant issues related to these interactions.
Background Of Trenton School District
It is important to understand the starting point of this discussion in order to see the bigger influences that state and local governments have on the school district. According to the districts website, the mission of this school district is " All students will graduate with a vision for their futures, motivated to learn continually and prepared…...
Unintentional HIPAA Violations in Healthcare Organizations
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a comprehensive federal law that sets standards for the protection of sensitive patient health information (PHI). While healthcare organizations are legally obligated to comply with HIPAA regulations, many may unknowingly commit violations due to a lack of understanding or operational oversights. Here are the most common ways in which HIPAA violations can occur inadvertently:
1. Improper Disclosure of PHI:
Unencrypted emails or text messages containing PHI sent to unauthorized individuals.
Leaving patient records accessible to individuals without a legitimate need to know.
Posting patient information....
1. Seneca Falls Convention (1848): Considered the beginning of the women's rights movement in the United States, this convention was the first women's rights convention held in the country. It was organized by Elizabeth Cady Stanton and Lucretia Mott, among others, and issued the Declaration of Sentiments, which called for women's suffrage and other rights.
2. Suffrage Movement (late 19th and early 20th centuries): The fight for women's suffrage was a key milestone in the women's rights movement. Women such as Susan B. Anthony, Elizabeth Cady Stanton, and Alice Paul led the charge for the right to vote. The 19th Amendment,....
The legalization of marijuana in certain states has had a significant impact on drug policy in the United States.
One major impact is that it has forced a reevaluation of drug laws and policies at the federal level. Marijuana remains illegal at the federal level, but the growing number of states legalizing it for medicinal and recreational use has created tension between state and federal laws. This has prompted discussions on the need for federal reform of drug laws and policies to address the inconsistencies between state and federal laws.
Additionally, the legalization of marijuana in certain states has led to....
The Impact of Marijuana Legalization on US Drug Policy
The legalization of marijuana in certain US states has significantly impacted the nation's overall drug policy. This pivotal shift has sparked a multifaceted debate, influencing law enforcement, public health, and the legal framework surrounding illicit substances.
Law Enforcement:
Prior to legalization, marijuana possession was a primary focus of law enforcement efforts. The "War on Drugs" policy led to mass arrests and incarcerations, disproportionately affecting minority communities. However, legalization has reduced the strain on law enforcement resources, freeing up officers to focus on more serious crimes. Additionally, it has diminished the drug trade's profitability, depriving....
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