Tag Archives: federal

Fastcase comes to HeinOnline

HeinOnline is now offering free access to federal and state case law through Fastcase. With a Law Library card, patrons can log in to HeinOnline and find case law for federal and state decisions. Federal coverage includes Supreme Court opinions (1754-present), Federal Circuits (1924-present), Board of Tax Appeals (vols. 1-47), Tax Court Memorandum Decisions (vols. 1-59), U.S. Customs Court (vols. 1-70), Board of Immigration Appeals (1996-present), Federal District Courts (1924-present), and Federal Bankruptcy Courts (1 B.R. 1-present).

Find information about Fastcase in Heinonline at http://home.heinonline.org/caselaw/

 

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Congressional Research Service Report: Marijuana Legalization by the States

Reblogged from Law Librarian Blog

May  8, 2013

CRS on Marijuana Legalization by the States

The Congressional Research Service has weighed in on the apparent conflict between federal and state drug laws in light of legalization in Colorado and Washington for small amounts of recreational marijuana.  Here is part of the Summary that lays out the issues:

The Colorado and Washington laws that legalize, regulate, and tax an activity the federal government expressly prohibits appear to be logically inconsistent with established federal policy toward marijuana, and are therefore likely subject to a legal challenge under the constitutional doctrine of preemption. This doctrine generally prevents states from enacting laws that are inconsistent with federal law. Under the Supremacy Clause, state laws that conflict with federal law are generally preempted and therefore void and without effect. Yet Congress intended that the CSA would not displace all state laws associated with controlled substances, as it wanted to preserve a role for the states in regulating controlled substances. States thus remain free to pass laws relating to marijuana, or any other controlled substance, so long as they do not create a “positive conflict” with federal law, such that the two laws“cannot consistently stand together.”

This report summarizes the Washington and Colorado marijuana legalization laws and evaluates whether, or the extent to which, they may be preempted by the CSA or by international agreements. It also highlights potential responses to these recent legalization initiatives by the U.S. Department of Justice (DOJ) and identifies other noncriminal consequences that marijuana users may face under federal law. Finally, the report closes with a description of legislative proposals introduced in the 113th Congress relating to the treatment of marijuana under federal law, including H.R. 499 (Ending Federal Marijuana Prohibition Act of 2013); H.R. 501 (Marijuana Tax Equity Act of 2013); H.R. 689 (States’ Medical Marijuana Patient Protection Act); H.R. 710 (Truth in Trials Act); H.R. 784 (States’ Medical Marijuana Property Rights Protection Act); and H.R. 964 (Respect States’ and Citizens’ Rights Act of 2013).

The report is State Legalization of Recreational Marijuana: Selected Legal Issues.  It was issued on April 5, 2013.  The order code is R43034.  [MG]

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TV Commercials Still Too Loud? Here’s How to CALM Them Down

You’ve experienced it at some point: The television show you are watching goes to commercial, and then all of a sudden an extremely loud advertisement about soap or a minivan is blaring on your TV.

Advertisers do this on purpose to get your attention. And the tactic certainly works, as you usually turn to your TV — if only to turn the volume down.

But the days of annoyingly loud TV commercials may be a thing of the past, as the CALM Act is now in effect, reports the Associated Press.

The CALM Act is an aptly named law which stands for the Commercial Advertisement Loudness Mitigation Act. The rules were actually adopted last year by the Federal Communication Commission, which gave the television industry a 1-year grace period to comply.

With the law now fully effective, television operators and advertisers will have to limit the volume of TV commercials by prohibiting the ads from having a volume louder than the program’s content. The CALM Act will apply to both cable and satellite operators, reports the AP. But radio listeners are out of luck — they may still need to keep a hand close to the volume knob when a commercial airs.

Viewers who still experience loud TV commercials can file a complaint with the FCC. Viewers should be prepared to specify information about the TV commercial, the TV station, your TV provider, and the allegedly offending advertiser.

You can file a complaint electronically using the Commission’s online complaint form. You may also file your complaint by fax to (866) 418-0232 or by letter mailed to the FCC’s Consumer & Governmental Affairs Bureau, Consumer Inquiries & Complaints Division, 445 12th Street SW, Washington, D.C., 20554.

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