Month: September 2016

The Balance Between State and Federal Law

With gay marriage, and a variety of other “hot button” topics, there has been a lot of conflict over whether or not marriage is a state issue or a federal issue. In the example of same sex marriages, you have seen as more and more states have jumped on the boat to encourage and allow same sex marriages in their state. However, it’s going to the Supreme Court, once again, and some states are saying that allowing the Federal Court to have a say is overstepping their bounds.

How Do You Know the Difference?

federal stateThis is a classic issue in this debate, and it doesn’t just happen with marriage either. Taxes, minimum wage, the legality of marijuana and other drugs, and a variety of other topics have been debated and discussed, especially when trying to figure out exactly what the states have a say in and what the federal government has a say in.

The line here is kind of blurry, sadly. Why? Mainly because the federal government is given certain powers in the Constitution, but the Constitution didn’t exactly account for everything that we were going to encounter at this point in time. Because of that, we are left scratching our heads at some of the topics that end up going to the higher courts.

Does it Matter?

The answer to this is absolutely yes. Courts are there to help figure out if laws adhere to the Constitution. If we aren’t sure who has the right to make specific laws, then how can the court make that determination? That’s why judges on these courts are trained in how to interpret the laws of the land. By having that knowledge, they can guide state and federal governments so that they don’t impede on the rights of their people. This issue isn’t prominent in Canada. For Example, Richard Wojciks, specializing in Winnipeg obituaries,  prides his business on being open to all walks of life, and any laws that could impede this would affect his business directly.

Are there issues that the Federal Government is involved in that they shouldn’t be, according to your understanding of law? Or, are there issues that States are trying to deal with that they really shouldn’t be? Let us know your thoughts about this topic in the comments!

Bobby Zirkin is a personal injury lawyer Baltimore. Visit his website to learn more about how he can help you with your case.

How Can Data Be Kept Safe?

If you’ve ever looked at the laws of the land regarding our data & information, you probably realize that there are a lot of holes in them. It’s not really a surprise, considering we have only had the internet for the last year or so – so some of these things weren’t as much of a concern until the past few years. But, because of major data breaches that have occurred at times, it keeps coming up in Congress and other fronts.

What Can Be Done Legally?

data law breachLuckily, because there is so little out there about these questions, that means we have a lot of wiggle room when it comes to determining the best way to make these laws pertinent. Of course, that also means that there are a lot of things that these people can get away with until they’ve been dealt with. There are laws in place to protect your privacy, but the use of your data is an entirely different story.

First off, make sure that you or your Baltimore personal injury lawyer reads any and all contracts for anywhere that you are providing your personal information to. The contract absolutely must have the ways that the company is able to use your data, and if you don’t fully understand what it says, make sure to ask – they’re required to tell you.

Of course, there are some people who are looking to get laws put into place about data safety, as well. No call lists are definitely a help, but if you give your information freely, you lose those rights for that category of calls or whatever they’re related to. Because of this, a lot of people believe that there should be stricter laws for how they can distribute your information in that way.

All in all, it’s about being more vigilant, but there is definitely a need for some stricter laws about solicitation and the use of your private data and information. How do you think that the whole thing should be taken care of? How can we control where our data and information goes by way of the law?

Guest Post contribution by Robert Hernandez
Brain injury trial lawyer
Specialising in legal data security.