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Articles 1 - 30 of 39
Full-Text Articles in Law
We(Ed) The People Of Cannabis, In Order To Form A More Equitable Industry: A Theory For Imagining New Social Equity Approaches To Cannabis Regulation, Garrett I. Halydier
We(Ed) The People Of Cannabis, In Order To Form A More Equitable Industry: A Theory For Imagining New Social Equity Approaches To Cannabis Regulation, Garrett I. Halydier
University of Massachusetts Law Review
States increasingly implement “social equity” programs as an element of new cannabis regulations; however, these programs routinely fail to achieve their goals and frequently exacerbate the inequities they purport to solve, leaving inequitable industries, high incarceration rates, and broken communities in their wake. This ineffectiveness is due to the industry’s fundamental confusion of the modern, individualized concept of “equity” with the historical, society-level concept of “social equity.” In this paper, I develop a new theory of “cannabis social equity” to integrate these concepts, and I apply that theory, first, to diagnose why current policies fall short and, second, to propose …
The Time Has Come: A Proposal For New York To Legalize Physician-Assisted Death, Samantha Knice
The Time Has Come: A Proposal For New York To Legalize Physician-Assisted Death, Samantha Knice
Hofstra Law Review
The article focuses on the proposal that advocate for the legalization of physician-assisted death (PAD) in New York. It begins by highlighting the story of Charlie and Francie Emerick, a terminally ill couple who chose to use Oregon's Death with Dignity Act to peacefully end their lives. It further argues that New York should follow the example of other states and countries by enacting a PAD law.
From Bet Slips To Bank Accounts: The Federal Legalization Of Sports Betting, Brandon Grant
From Bet Slips To Bank Accounts: The Federal Legalization Of Sports Betting, Brandon Grant
DePaul Journal of Sports Law
No abstract provided.
Dispensing Reparations For Marijuana Convictions, Michelle Mazzola
Dispensing Reparations For Marijuana Convictions, Michelle Mazzola
Journal of Race, Gender, and Ethnicity
No abstract provided.
Fair Lending For Cannabis Banking Justice, Benjamin T. Seymour
Fair Lending For Cannabis Banking Justice, Benjamin T. Seymour
University of Michigan Journal of Law Reform Caveat
This Comment offers a fair lending solution to promote racial equity in cannabis banking reform: amend the Equal Credit Opportunity Act to ensure individuals previously arrested, charged, or convicted for selling, cultivating, or possessing marijuana will not therefore be precluded from loans to start legal cannabis businesses. Given disparities in the criminal enforcement of marijuana laws, this amendment would provide racial justice benefits, while also encouraging entrepreneurship. As a market-based social justice effort, this amendment offers a bipartisan approach to one of the most vexing and contentious issues in marijuana banking reform.
Part II of this Comment briefly surveys the …
The Grass Is Greener Somewhere: Protecting Privacy Rights Of Medical Cannabis Patients In The Workplace, Benjamin West
The Grass Is Greener Somewhere: Protecting Privacy Rights Of Medical Cannabis Patients In The Workplace, Benjamin West
Chicago-Kent Law Review
No abstract provided.
Revoking Supervised Release In The Age Of Legal Cannabis, Zachary J. Weiner
Revoking Supervised Release In The Age Of Legal Cannabis, Zachary J. Weiner
St. John's Law Review
(Excerpt)
Supervised release—part of the original sentence following a guilty verdict—is a system by which federal probation officers monitor prisoners released from federal prison. In imposing supervised release, sentencing judges set conditions that each supervisee must comply with, or risk reincarceration at the discretion of the sentencing judge. Certain conditions of supervised release are prescribed by statute and others are crafted by judges.
If a defendant violates the terms of supervised release by possessing cannabis products, the statutory regime provides the sentencing judge with two options: revoke the defendant’s supervised release and reincarcerate her or, alternatively, release the defendant from …
The Harmful Addiction To The War On Drugs, Walter E. Block, Alan G. Futerman
The Harmful Addiction To The War On Drugs, Walter E. Block, Alan G. Futerman
Touro Law Review
Most modern societies prohibit the use of addictive drugs such as cocaine and heroin. We contend this is a mistake. They should all be legalized, forthwith, since their usage constitutes a victimless crime. But more, we also maintain that these jurisdictions are actually addicted to these unjust and harmful laws since, no matter what the logic or the evidence about the perniciousness of this legislation, it still remains on the books
Now I Know My “Acbs”: The Right To Literacy Following An Incremental Path, Gregory J. O'Neill
Now I Know My “Acbs”: The Right To Literacy Following An Incremental Path, Gregory J. O'Neill
University of Massachusetts Law Review
It is a tragic irony that a nation with enormous wealth will not provide the most basic of education rights to its citizens. Despite continual judicial and legislative measures to ensure access to education, or a facsimile thereof, no judicial or legislative body has taken the step to ensure that literacy is a fundamental right for the citizens of the United States. The issue has been, and continues to be, presented to both Congress and the courts. While Congress has passed legislation to some degree, both institutions have largely failed to ensure the population receives the fundamental right of literacy. …
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis
Dickinson Law Review (2017-Present)
Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.
Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …
The California Cannabis Industry: The Complexities Since Recreational Legalization, Talia Lux
The California Cannabis Industry: The Complexities Since Recreational Legalization, Talia Lux
The Journal of Business, Entrepreneurship & the Law
This comment will first provide a look into the history and legality of cannabis in the United States, followed by a look into California’s cannabis industry. There will be a discussion on both medical and recreational legality in California and the provisions surrounding both types of legality. Next, the complexities of the cannabis industries will be discussed in terms of opening and operating a cannabis business, the different cannabis business types and the requirements for starting them, and state and local limitations. Immediately following, there will be a federal illegality discussion and how federal illegality conflicts with California law in …
Legalization Of Abortion Against Victims Of Rape Crimes Viewed From Victimology Perspective, Siska Elvandari
Legalization Of Abortion Against Victims Of Rape Crimes Viewed From Victimology Perspective, Siska Elvandari
Jurnal Hukum & Pembangunan
One of human rights guaranteed and protected in the 1945 Constitution is the right to live and maintain life, stated in Article 28 A of the 1945 Constitution. The right to live and maintain life is the highest right that is inherent in human beings as the subject of law since humans were born to death in the world. The right to live and maintain life is not only inherent in human beings who have been born, but also in humans or children who are still in the womb, stated in Article II of the Civil Code that "Children are …
Cannabis Legalization In State Legislatures: Public Health Opportunity And Risk, Daniel G. Orenstein, Stanton A. Glantz
Cannabis Legalization In State Legislatures: Public Health Opportunity And Risk, Daniel G. Orenstein, Stanton A. Glantz
Marquette Law Review
Cannabis is widely used in the United States and internationally despite its illicit status, but that illicit status is changing. In the United States, thirty-three states and the District of Columbia have legalized medical cannabis, and eleven states and D.C. have legalized adult use cannabis. A majority of state medical cannabis laws and all but two state adult use laws are the result of citizen ballot initiatives, but state legislatures are beginning to seriously consider adult use legislation. From a public health perspective, cannabis legalization presents a mix of potential risks and benefits, but a legislative approach offers an opportunity …
Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler
Marijuana Issues For Voters: Studying Issues Us States Have Had With Legalizing Marijuana, Kody Kesler
WRIT: Journal of First-Year Writing
In the United States, the legalization of medical and recreational marijuana in individual states, rather than the whole nation, is a great example of states being “laboratories of democracy.” Legalizing marijuana in the states first is essential to deciding how to go about the issue on the national level, once Americans are ready for it. In most states where it is legal, employees can still be fired for having marijuana in their system, even if they have a medical recommendation. The drug tests that employers use don’t test for the recent use of drugs like marijuana, but for a part …
Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin
Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin
Journal of the National Association of Administrative Law Judiciary
In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries address …
A Higher Authority: Canada’S Cannabis Legalization In The Context Of International Law, Antonia Eliason, Robert Howse
A Higher Authority: Canada’S Cannabis Legalization In The Context Of International Law, Antonia Eliason, Robert Howse
Michigan Journal of International Law
Part I of this Article provides an overview of some of the key terms and provisions of Canada’s Cannabis Act. Part II looks at the Cannabis Act in the context of the International Drug Conventions, examining how the various convention provisions might apply, looking first at the Single Convention and then at the 1988 Convention and how that convention fits with Canadian constitutional provisions. Part III focuses on the international human rights framework and how the Cannabis Act might be viewed as compatible with international human rights law even where incompatible with the International Drug Conventions. This Part also offers …
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Liability For T E Legaliation Of Proceeds From Criminal Actiity: A Comparat1e Legal Analysis, X Karimov
Liability For T E Legaliation Of Proceeds From Criminal Actiity: A Comparat1e Legal Analysis, X Karimov
ProAcademy
In this a rticle the essence o f in te rn a tio n a l docum ents in the fie ld o f c o m b a tin g a g a in s t m o n e y la u n d ry as w ell as co m pa ra tive analysis with the legislation o f fo re ig n countries have been h ig h lig h te d a n d p rop o sa ls fo r im proving n a tio n a l legislation have been c a rrie …
Constitutional Clause Aggregation And The Marijuana Crimes, Scott W. Howe
Constitutional Clause Aggregation And The Marijuana Crimes, Scott W. Howe
Washington and Lee Law Review
An important question for our time concerns whether the Constitution could establish a right to engage in certain marijuana-related activities. Several states have now legalized cannabis, within strict limits, for recreational purposes, and that number will grow. Yet, some states will not promptly legalize but, instead, continue to criminalize, or only “decriminalize” in minor ways, and the federal criminalization statutes also will likely survive for a time. There currently is no recognized right under the Constitution to possess, use, cultivate, or distribute cannabis for recreational purposes, even in small amounts, and traditional, single-clause arguments for such a right are weak. …
University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
Fordham Intellectual Property, Media and Entertainment Law Journal
Higher education has long been a fundamental building block upon which American democracy is based. The guarantee of free speech is itself a revered liberty in the American polity; it has, in turn, served as the catalyst for higher education. Recent events on college campuses continue to reexamine universities’ role in their students’ education and push the legal boundaries on student speech rights. In many instances, however, students’ speech and expressive viewpoint conflicts with that of other students. Other times, students’ speech conflicts with the expressive interests of their university. This Article examines the latter instance in the context of …
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews
Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose
Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez
A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez
University of Miami International and Comparative Law Review
No abstract provided.
Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime
Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Taxing Marijuana: Earmarking Tax Revenue From Legalized Marijuana, Armikka R. Bryant
Taxing Marijuana: Earmarking Tax Revenue From Legalized Marijuana, Armikka R. Bryant
Georgia State University Law Review
This Article provides an overview of the legal, political, and societal landscapes in states that have legalized marijuana and imposed taxes on its sale. The article begins by summarizing the War on Drugs’ origins, its fiscal expenditures, and the social policies that ultimately led to its failure.
Part I briefly details the history of marijuana regulation starting from the early twentieth century up to the Obama administration’s decision to permit recreational marijuana laws to stand in Washington state and Colorado. Part II dives deeper into the social costs of the War on Drugs and outlines the hardships faced by those …
Legalization Under The Premises Of Globalization: Why And Where To Enforce Corporate Social Responsibility Codes, Anna Beckers
Legalization Under The Premises Of Globalization: Why And Where To Enforce Corporate Social Responsibility Codes, Anna Beckers
Indiana Journal of Global Legal Studies
This contribution advances the argument that global self-regulation through corporate social responsibility codes can and should be enforced under domestic private laws. Corporate social responsibility codes are defined as unilateral corporate commitments that indicate a corporation's willingness to take on a global regulatory role in the absence of a global political government-a phenomenon that is difficult to grasp from the perspective of traditional private law categories. The contribution thus starts by discussing the aspects in which private corporate codes and private law categories seem not to fit, and points to recent developments in substantive private law that could change this …
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Brooklyn Law Review
The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific properties of …
Towards Comprehensive Immigration Reform: A Consensus Within Emerging Trends, Mark R. Von Sternberg
Towards Comprehensive Immigration Reform: A Consensus Within Emerging Trends, Mark R. Von Sternberg
Journal of International and Comparative Law
No abstract provided.
Native Americans And The Legalization Of Marijuana: Can The Tribes Turn Another Addiction Into Affluence?, Melinda Smith
Native Americans And The Legalization Of Marijuana: Can The Tribes Turn Another Addiction Into Affluence?, Melinda Smith
American Indian Law Review
No abstract provided.
Reflections On The Current Drive Toward Greater Legalization In China, Victor H. Li
Reflections On The Current Drive Toward Greater Legalization In China, Victor H. Li
Georgia Journal of International & Comparative Law
No abstract provided.