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Full-Text Articles in Law
Life, Liberty, [And The Pursuit Of Happiness]: Medical Marijuana Regulation In Historical Context, Lewis Grossman
Life, Liberty, [And The Pursuit Of Happiness]: Medical Marijuana Regulation In Historical Context, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
The struggle for access to medical marijuana differs from most other battles for therapeutic freedom in American history because marijuana also has a popular, though controversial, nontherapeutic use—delivery of a recreational high. After considering struggles over the medical use of alcohol during prohibition as a precedent, this chapter relates the history of medical marijuana use and regulation in the United States. The bulk of the chapter focuses on the medical marijuana movement from the 1970s to present. This campaign has been one of the prime examples of a successful extrajudicial social movement for freedom of therapeutic choice. With the exception …
Codification And The California Mentality, Lewis Grossman
Codification And The California Mentality, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This essay explores why California, almost alone among states, embraced codification of the substantive common law in the late nineteenth century.
John C. Fremont, Mariposa, And The Collision Of Mexican And American Law, Lewis Grossman
John C. Fremont, Mariposa, And The Collision Of Mexican And American Law, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
Following the United States' acquisition of California under the 1848 Treaty of Guadalupe-Hidalgo, Congress passed "An Act to ascertain and settle the private Land Claims in the State of California." This statute established a commission to determine the status of the approximately 750 land grants that Spanish and Mexican authorities had made to private individuals before 1848. Congress provided that the commission and courts should evaluate the validity of the grants by, among other criteria, "the laws, usages, and customs of the government from which the claim is derived, the principles of equity, and the decisions of the Supreme Court …
Remedying Underinclusive Statutes, Candace Kovacic-Fleischer
Remedying Underinclusive Statutes, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: A California employer who does not want to comply with California's mandatory unpaid pregnancy leave statute has reached the United States Supreme Court. The employer seeks to have the statute invalidated, claiming it is preempted by the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964. The employer is arguing that the California pregnancy leave act is fatally underinclusive because it does not provide similar employment protection for workers with short-term disabilities. The district court agreed with the employer; the court of appeals did not.