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Is the Access to Medical Marijuana a Fundamental Right? | Bradley Arant Boult Cummings LLP

Will the US Legalize Marijuana as a Fundamental Right?

Unenumerated fundamental rights are creation of the courts arising from the due process clause of 14th Amendment to the Constitution, which reads in relevant part: No State shall…deprive any person of life, liberty, or property, without due process of law. Does this relate to cannabis?

Constitutional Constraints on Federal Antitrust Law

America’s antitrust laws have long held a special status in the federal statutory hierarchy. The courts have taken into account such interests in limiting the reach of antitrust. Whether they have struck an appropriate balance, however, is a matter of significant debate.

The MySpace Suicide: A Case Study in Overcriminalization

Lori Drew faces charges under a federal anti-hacking statute andcould wind up in jail, but her behavior, while obviously wrong, was not criminal. Overcriminalization eliminates long-standingprotections against unfair criminal liability, puts honest citizensat risk of prosecution, and allows politics to trump soundprosecutorial discretion. Worst of all, it threatens the rule oflaw and individual liberty.

Can Joe Biden Order You to Be Sterilized?

There is no doubt that COVID-19 vaccines have been good for America and for the world. They have saved lives. But the president of the United States does not have the unilateral authority to order any American to undergo any medical procedure.

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