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- All Subjects: Law
- Creators: Arizona State University. School of Life Sciences. Center for Biology and Society.
This paper analyzes the economic, legal, and social aspects of the legal cannabis industry in the United States. These analyses include the history, current status, and future of all three components, all with an emphasis on reforming the existing systems in place in order to achieve the most beneficial cannabis industry possible. Many reformative legal implications are made, stressing the importance of decriminalizing cannabis, releasing nonviolent and cannabis-related criminals from prison, and expunging their criminal records. The paper places a heavy emphasis on the importance of designing the legal system to be fair and equal across all racial and ethnic groups, given that people of color have been hit the hardest in terms of cannabis-related issues. Economic components such as tax design and access to proper financial institutions are also included, as well as the social implications that have both gone into and are a product of the long-standing war on drugs. While there is no comprehensive solution for how to fix every aspect of the industry, this paper highlights key aspects to be aware of in the design stages of potential federal legalization.
The threat of global climate change to the world’s water resources has jeopardized access to clean drinking water across the world and continues to devastate biodiversity and natural life globally. South Africa operates as a useful case study to understand and analyze the effectiveness of public policy responses to the perils of climate change on issues of water access and ecosystem preservation. After the new South African Constitution was enacted in 1997, protecting water resources and ensuring their equitable distribution across the nation’s population was a paramount goal of the young democratic government. The National Water Act was passed in 1998, nationalizing the country’s water infrastructure and putting in place programs seeking to ensure equitable distributive and environmental outcomes. Thus far, it has failed. Access to South Africa’s water resources is as stratified as access to its economy; its aquatic ecosystems remain in grave danger; and many of the same problems of South Africa’s Apartheid era still plague its efforts to create an equitable water system. Decision-making power continues to be concentrated in the hands of the wealthy, at the expense of historically marginalized groups, whose voices are still not adequately heard. Corporate actors still exert undue influence over legislative policy that favors economic growth over environmental sustainability. The looming threat of climate change is exponentially increasing the chances of disasters like Cape Town’s 2018 feared ‘Day Zero’. The National Water Act’s noble intentions were never actualized, and therefore the people of South Africa remain in serious danger of acute and chronic threats to their water supply.
In 1942, the United States Supreme Court Case of Skinner v. Oklahoma ruled that states could not legally sterilize those inmates of prisons deemed habitual criminals. Skinner v. Oklahoma was about the case of Jack Skinner, an inmate of the Oklahoma State Penitentiary in McAlester, Oklahoma, who was subject to sterilization under the Oklahoma Habitual Criminal Sterilization Act of 1935. The case, decided on 1 June 1942, determined that state laws were unconstitutional if those laws enabled states to forcibly sterilize inmates deemed to be habitual criminals. Such laws violated the Equal Protection Clause of the Fourteenth Amendment to the US Constitution. The Skinner v. Oklahoma decision also reflected tensions in US eugenic policies when juxtaposed against similar policies of the Nazi regime in Europe, especially with regard to sterilization measures.
The Family Planning Services and Public Research Act of 1970, often called Title X Family Planning Program, is a US federal law that provides federal funding for family planning services to low income or uninsured families. The US federal government passed the law, Public Law 91-572, in 1970 as an amendment to the Public Health Services Act of 1944. The Act created the Office of Population Affairs (OPA) under the Secretary of Health, Education, and Welfare (here called the Secretary). Through the Act, the OPA and the Secretary provide resources and policy advice to the US government on health issues. The OPA also issue grants and formed contracts with public and nonprofit organizations to assist in the establishment and operation of voluntary family planning services. The Act helped to extend reproductive health services to low income individuals and to individuals who otherwise struggle to get such services.
In Jeter v. Mayo, the Court of Appeals of Arizona in 2005 held that a cryopreserved, three-day-old pre-embryo is not a person for purposes of Arizona's wrongful death statutes, and that the Arizona Legislature was best suited to decide whether to expand the law to include cryopreserved pre-embryos. The Court of Appeals affirmed a decision by the Maricopa County Superior Court to dismiss a couple's wrongful death claim after the Mayo Clinic (Mayo) allegedly lost or destroyed several of their cryopreserved pre-embryos. In reaching its decision, the Court of Appeals explored ethical and legal issues relating to cryopreserved pre-embryos, including prior case law, the principles of statutory construction, and the Arizona Legislature's role in balancing the societal interests involved.