State Law Research Papers Samples For Students

Decriminalization of Marijuana in some states of America

Description of issue
Drug and substance abuse continues to affect the society usually with overt and covert consequences. What has resulted is the tendency by communities to disapprove of the consumption. The disapproval has been manifested in legislations, policies and discouraging moral norms and values. Indeed, the position of marijuana has remained unclear in the larger United States of America. Marijuana has the uncommon characteristic of having a dual application in the medical and recreational sectors. It, thus, can be used for either its medicinal value or recreational value. The law in the United States on marijuana could be ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of protected ...

Federal v. State Law Marijuana Legalization

Can states legalize marijuana while it remains illegal under federal law? Is medical marijuana a loophole to get around the federal law?
Marijuana is a hemp plant called Cannabis Sativa. It is available in the forms of dried leaves, flowers, stems, and seeds. The resinous concentrate obtained from the plant is known as Hash Oil. Marijuana is an annual crop plant. It grows from seeds in open areas exposed to sunlight. It germinates within a week and attains its full growth in 4 to 8 months. Marijuana contains medicinally active compounds that act on the brain. The main active compound is ...

Motor Vehicle Safety

Introduction
- Brief Description of Motor Vehicle Safety Laws

Identification of Laws

- Legislative
- Constitutional
- Administrative
- Judicial

Relation of Laws to Public Health

- Health promotion
- Wellness and prevention
- Early detection and prompt treatment
- Disability limitation/ rehabilitation

Conclusion

- Federal/ State Law role in motor vehicle safety intervention

Abstract

Road accident is a public health issue just as domestic violence and criminal acts involving destruction of the quality and life is self. Therefore, public health participation in designing laws to counteract increasing road fatalities is significant. This paper examines how public health intervention can affect designing of federal ...

The Federal Torts Claims Act (FTCA) is the statute that allows for the recovery of damages against the United States (Cann 487). This Act allows prisoners of the federal government and pretrial detainees in federal correction facilities to file lawsuits against the United States if a federal officer injures them.
The Federal Torts Claims Act enables a litigant to sue the federal government over torts committed by its employees (Cann 487). The United States has no qualified immunity under this Act. It is important to note that the Act does not limit a noncitizen from suing the federal government. ...

Impact of the Controlled Substances Act on Assisted Living Facilities

Impact of the Controlled Substances Act on Assisted Living Facilities
In 2009, the United States Drug Enforcement Administration (DEA) started auditing some long-term care facilities to establish the extent of compliance with the Controlled Substance Act regulations for prescribing and dispensing controlled drugs to residents (Elon et al., 2011). Ohio was first in this program, followed by Virginia, Wisconsin and Michigan. It has been found that the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, oversees more than 3,000 assisted living facilities that offer skilled nursing care to about 250,000 disabled ...

This research paper will examine the struggle between state and federal power by looking at three examples where state and federal law have come into conflict. The argument behind this research paper will be that ultimately the federal government has the final decision in making laws.
In 2003, the federal government brought charges against Ed Rosenthal for possession of marijuana after being authorized by the City of Oakland to distribute the drug under Californian state law (Ryan 312). Nonetheless, Rosenthal was not able to present this argument during his trial because federal law does not recognize state laws regarding ...

Introduction

Clarence Thomas is the second African American to sit on the United States Supreme Court, preceded only by Thurgood Marshall who served on the United States Supreme Court from 1967 to 1991. Clarence Thomas was nominated to the United States Supreme Court in July 1991 and was approved by the United States Senate by a very narrow margin in October of 1991. Throughout his term on the United States Supreme Court, Clarence Thomas has been both hailed and criticized. He has been both compared to Thurgood Marshall and nicknamed an Uncle Tom. Throughout this paper, I will discuss United States ...

Abstract

The term, Racial profiling, is usually practiced by law enforcement agencies in order to target people of particular race for investigation and enforcement in a disproportionate manner. Individuals as well as some particular groups are targeted by the law enforcement agencies in such practices and they are subjected to various unjustifiable sufferings. This paper intends to discuss different aspects of racial profiling, role of TSA, Police and other enforcement agencies, along with discussing the impact of racial profiling on Muslims, Arabs, Hispanics, and other American minorities after 9/11. The paper presents a detailed background of ethical profiling, why and when it ...

A federal act of congress can be used to refer to the common laws formulated and enacted by the congress in the United States. The laws endorsed could either be common or public depending on how they will relate to the people and their effects. If a law is termed as public, then it applies to every individual in the country and no one is considered to be above the law in this case. On the other hand, private statues relate to explicit rules that apply to a particular group of people (Jensen, J. 2006). For instance, a group of certain professionals ...

Introduction

Statutory rape is usually defined by the state law concerned. However, statutory rape is distinguished from other forms of rape in that the victim must necessarily be below the age of consent and that lack of consent is not a requisite to the crime on the common understanding that a person below a certain age lacks the capability to give an informed consent. Prior to the development of modern statutory rape laws, statutory rape was used to protect young women and children from the sexual incursion of unwanted males. At that time, women were regarded as chattels or property and as such ...

ABSTRACT

This study explores on the effects of the subprime financial crisis (SFC) on the United States (US) that lasted between 2007 and 2011. Key to understanding the foregoing requires further exploration of the history of subprime lending in the US and its implications to the SFC. A qualitative review of studies under the provided brief literature review provides the methodology for the accomplishment of this study. Findings show that apart from worldwide economic effects, the US greatly suffered from the collapse of its subprime lending market, the decline of financial institutions due to providing too much allowance to granting ...

Mutual Pharmaceutical vs. Bartlett: Case Brief and Analysis

Facts about the case
Procedural history
Bartlett initiated a suit against the manufacturer of Sulindac; Petitioner Mutual Pharmaceutical for various discrepancies including, fraud, design defect, failure to warn, breach of warranty, manufacturing defect, and negligence. Even so, Bartlett’s allegations, which were the purported factual elements that would warrant a legal action, were dismissed based on the notion that they had not doubtful material issues of fact (Shilling, 2012). Nonetheless, Bartlett’s singled out his complain to one allegation, which aligned with the notion that Sulindac was unduly detrimental for consumers. This was primarily accredited to the fact that ...

The Founding Fathers so desired to have the Union without necessarily weakening the states. In that vein, the federalists devised the federal government structure which envisaged three tiers of governance. These are the federal, state and local government. Several centuries down the line, the Union can be reported as being in a more perfect state. Critical issues such racism, drug abuse, economic challenges, healthcare, among others still face the United States of America. It is the resilience of its people and its institutions that keeps the nation moving. In that context, this paper shall canvass one of the most critical ...

Introduction

This document illustrates in detail an analysis of veterans health administration strategic planning and the evaluation of the organization. This will incorporate issues related to overview and assessment of services, demographic served financial and operational outcomes and identification of stakeholders. Additionally, it will also involve a competitive marketing analysis, current and future direction of the organization of choice and competencies and resources being used. Inclusion of a conclusion will entail what has been analyzed, and hence giver the reader the outcome of the paper (Schwartz and Kenneth, 2009).
Additionally, the analysis is meant to show how the veterans’ health administration ...

The Fisher v. University of Texas case is based on the issue of higher learning institution’s use of race as one of the criteria for student admission. In the mid 1990s, the University of Texas (UT) was banned from using race as an admission criterion by a court circuit. After that, the University of Texas initiated two methods; one based on a socio-economic affirmative action program, and a program whereby the top 10% of students from all high schools in Texas would be admitted into the University of Texas automatically regardless of their scores in the standardized test. In 2003, the ...

Racial segregation is a dark and painful past of the American people. It has been landmarked by various criminal and legal cases such as the Plessy versus Ferguson court case. In this particular issue, Plessy did not follow the vehicle segregation and was punished by law. This is a landmark case which hinges on the issues of separate but equal doctrine along with de facto and de jure segregation, and the overall discrepancy in the criminal justice system.
In actual terms, there is an evident conflict and diversity in the US criminal justice. It reflects the inequality in the general ...

The probation process is usually carried out to those individual offenders whose crimes do not amount to full trial. There are some conditions that are supposed to be met by the individual law offender such as refraining from drugs and even some groups of people. Failure to observe the required rules may end up someone in jail after their probation sentence is revoked. The probation sentence is usually imposed by a criminal law court whereby the individual offender is allowed to stay in their community but under special scrutiny of an appointed officer.

Considerations in Appointing a Probation Officer

There are various parameters that should be ...