Using the conflict over medical marijuana as a timely case study, this article explores the overlooked and underappreciated power of states to legalize conduct Congress bans. Though Congress has banned marijuana outright, and though that ban has survived constitutional scrutiny, state laws legalizing medical use of marijuana not only survive careful preemption analysis, they constitute the de facto governing law in thirteen states. This article argues that these state laws and most related regulations have not been and, more interestingly, cannot be preempted by Congress, given constraints imposed on Congress's preemption power by the anti-commandeering rule, properly understood. The article develops a new framework for analyzing the boundary between permissible preemption and prohibite...
... our behavior, including personal beliefs, moral obligations, and social norms. Finally, Part V con...B. Beyond Legal Sanctions - Why People Obey Law. At this point, a neoclassical economist would...
...Most fundamentally, it matters from the moral point of view. Law's moral import follows from a b..., whether we ought to respect, support, or obey international law depends in part on whether it po... is found to have violated its treaty obligations. The WTO, in other words, delegates the enforcemen...
... compassion and also an element of an obligation; the obligation that stems from a person having re... it said it's there to illustrate the morality, the principles of morality of Texans, and when it... They're thinking of, is their obligation to obey the law? Of course I think there's a moral obliga...
Liberty of Conscience: In Defense of America's Tradition of Religious Equality, by Martha Nussbaum; Religious Freedom and the Constitution, by Christopher L. Eisgruber and Lawrence G. Sager; and Culture and Equality: An Egalitarian Critique of Multiculturalism, by Brian Barry, are reviewed.
... formal equality view, based on a premise of moral universalism and human rights. Legislative majorit... a sub silentio assumption of political obligation here, i.e., that all citizens in such a republic hhave a prima facie moral duty to obey the law. These assumptions of legitimacy and oblig...
... byproving that "the DA's office knew to a moral certaintythat assistan[t] [district attorneys] wou... about their Brady disclosure obligation with respect to evidence of this type and (2) that... formal in-house training about how to obey the law.Bryan Cty., 520 U. S., at 409. Prosecutor...
... that a crime is also an offence against morality, against a person's social duty to his fellow memb... widely diffused-recognition of a moral obligation to obey the law-" . 34. The SFO June 2003 Universa...
... on the corporate individual a legal and moral obligation to obey the law. In this way, the idea ...
... on Possible Legal Bases for an Obligation on the Security Council to Comply with Due Process... situation in Iraq poses a serious moral dilemma.. we are in danger of losing the argument ... obligation on the Security Council to obey international law. . Finally, a common argument is...
... to the law and their moral obligations. Attorneys, however, have a unique range of option... in its official rules that its members obey and respect the law, there is a measure of unoffic...
... healthcare providers who refuse, on moral or religious grounds, to perform or assist in perf...) If anyone may simply disregard legal obligations based on a claimed religious or moral belief, sinc... us of goodness and duty, the voice we must obey if we are to keep our integrity. It counsels doing...
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