AuthorTitleCitationSummaryYear
Jacob Loshin BEYOND THE CLASH OF DISPARITIES: COCAINE SENTENCING AFTER BOOKER 29 Western New England Law Review 619 (2007) In United States v. Booker, the Supreme Court invalidated the federal Sentencing Guidelines and, with the stroke of a pen, unsettled more than two decades of established sentencing practice. Booker held that the highly detailed Sentencing Guidelines would now be merely advisory rather than mandatory, and that judges would now have discretion to... 2007
Ellen M. Weber CHILD WELFARE INTERVENTIONS FOR DRUG-DEPENDENT PREGNANT WOMEN: LIMITATIONS OF A NON-PUBLIC HEALTH RESPONSE 75 UMKC Law Review 789 (Spring, 2007) National drug policy, medical practice and the child welfare system have not kept pace with scientific research that points to effective health interventions to address alcoholism and drug dependence among pregnant women. In its 2003 amendments to the Child Abuse Prevention and Treatment Act, Congress adopted a policy requiring physicians to report... 2007
  CRIMINAL LAW -- FEDERAL SENTENCING GUIDELINES -- EIGHTH CIRCUIT HOLDS THAT DISTRICT COURT CANNOT REDUCE SENTENCE BASED ON CATEGORICAL DISAGREEMENT WITH 100:1 POWDER/CRACK COCAINE QUANTITY RATIO. -- UNITED STATES V. SPEARS, 469 F.3D 1166 (8TH CIR. 2006) (E 120 Harvard Law Review 2004 (May, 2007) Although powder and crack cocaine are pharmacologically indistinguishable, these two substances carry markedly different criminal penalties. As the disproportionate racial impact of sentencing crack cocaine offenses much more harshly than those involving identical quantities of powder cocaine has become readily apparent, the United States... 2007
Martin D. Carcieri GONZALES V. RAICH: CONGRESSIONAL TYRANNY AND IRRELEVANCE IN THE WAR ON DRUGS 9 University of Pennsylvania Journal of Constitutional Law 1131 (unknown) The legislative department is everywhere extending the sphere of its activities . . . . [I]t is against the enterprising ambition of this department that the people ought to indulge all their jealousy and exhaust all their precautions. The powers of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten,... 2007
Christopher Carpenter , University of California at Irvine HEAVY ALCOHOL USE AND CRIME: EVIDENCE FROM UNDERAGE DRUNK-DRIVING LAWS 50 Journal of Law & Economics 539 (August, 2007) This paper provides new evidence on the causal effect of alcohol use and crime. I use variation induced by the adoption of strict zero-tolerance (ZT) drunk-driving laws, which significantly reduced binge drinking by males aged 18-20 years but did not affect slightly older males aged 22-24 years. I use age-specific arrest data for police agencies in... 2007
Marcia G. Shein , 2392 North Decatur Road Decatur, GA 30033 404-633-3797 Fax 404-633-7980 E-mail marcia@msheinlaw.com Web Site www.msheinlaw.com RACE AND CRACK COCAINE OFFENSES: CORRECTING A TROUBLING INJUSTICE POST-BOOKER 31-APR Champion 18 (April, 2007) Since 1987, and the promulgation of the federal Sentencing Guidelines, there has been an egregious sentencing disparity between crack and powder cocaine offenses. Courts and defense attorneys throughout the country have asserted that the disparity has disproportionately affected minorities. These draconian crack cocaine sentences offer little hope... 2007
Tiffany Scott REPERCUSSIONS OF THE "CRACK BABY" EPIDEMIC: WHY A MESSAGE OF CARE RATHER THAN PUNISHMENT IS NEEDED FOR PREGNANT DRUG-USERS 19 National Black Law Journal 203 (2006-2007) In the 1980s, the media imprinted the image of the crack baby on the American conscience. The nation reacted with fear and a lack of understanding. Fifteen years later, the problem of the crack baby became, at least in the minds of policymakers, an epidemic. Instead of looking into the heart of the issue and reaching out to the women who were... 2007
Kevin R. Johnson TAKING THE "GARBAGE" OUT IN TULIA, TEXAS: THE TABOO ON BLACK-WHITE ROMANCE AND RACIAL PROFILING IN THE "WAR ON DRUGS" 2007 Wisconsin Law Review 283 (2007) I. Introduction. 284 II. The Tulia Sting, or Round Up the Usual Suspects . 286 A. The Sting. 288 B. Vindication of the Accused. 291 III. The Continuing Evil of Race-Mixing: Tulia as a Case Study. 294 A. The Legal and Social Prohibition of Black-White Relationships. 295 1. The Persistence of Social Separation. 297 2. The Lingering Stigma of... 2007
Briton K. Nelson ADDING FUEL TO THE FIRE: UNITED STATES V. BOOKER AND THE CRACK VERSUS POWDER COCAINE SENTENCING DISPARITY 40 University of Richmond Law Review 1161 (May, 2006) The sentencing structures for crack and powder cocaine have been dramatically different since the Anti-Drug Abuse Act of 1986 established a 100:1 ratio as the penalty differential between the two drugs, and set the same punishment for five grams of crack as for five hundred grams of powder cocaine. The ratio was followed in the Federal Sentencing... 2006
Nekima Levy-Pounds BEATEN BY THE SYSTEM AND DOWN FOR THE COUNT: WHY POOR WOMEN OF COLOR AND CHILDREN DON'T STAND A CHANCE AGAINST U.S. DRUG-SENTENCING POLICY 3 University of Saint Thomas Law Journal 462 (Spring 2006) I. Introduction. 463 II. Case of Kemba Smith as a Paradigm of Problems Within the War on Drugs . 467 A. Kemba the Kingpin and Mandatory Minimums. 468 B. Prosecutors as Gatekeepers to Freedom for Defendants. 470 1. Conspiracy Charges and the Catch-22. 470 2. Substantial Assistance and the Girlfriend Problem . 472 3. Ineffective Attempts at... 2006
Randolph Kline, Samantha Graff, Leslie Zellers, Marice Ashe BEYOND ADVERTISING CONTROLS: INFLUENCING JUNK-FOOD MARKETING AND CONSUMPTION WITH POLICY INNOVATIONS DEVELOPED IN TOBACCO CONTROL 39 Loyola of Los Angeles Law Review 603 (May, 2006) In many ways, the tobacco control movement and the improved-nutrition advocacy movement (sometimes called the obesity prevention movement) are on parallel tracks. Both movements are grounded in compelling epidemiological data that document the extraordinary toll on human health and mortality caused by unhealth-ful consumer products. Tobacco... 2006
Amanda D. Cary COCAINE BASE: NOT ALL IT'S CRACKED UP TO BE 40 U.C. Davis Law Review 531 (December, 2006) Introduction. 533 I. Background. 535 A. The Chemistry of Cocaine. 536 B. The Evolution of Cocaine Regulation in the United States. 538 C. 21 U.S.C. § 841: Setting Mandatory Minimums for Drug-Related Offenses. 541 D. The 1993 Amendments to the Sentencing Guidelines. 542 II. The Split. 543 A. The Narrow Interpretation: Statutory Interpretation and... 2006
Noah Mamber COKE AND SMACK AT THE DRUGSTORE: HARM REDUCTIVE DRUG LEGALIZATION: AN ALTERNATIVE TO A CRIMINALIZATION SOCIETY 15 Cornell Journal of Law & Public Policy 619 (Summer 2006) INTRODUCTION. 620 A. Philosophical Bases for Various Drug Policy Models. 622 B. Problematic Effects of Illegal Drugs. 625 I. CURRENT SCHEME-CRIMINALIZATION AND ITS EFFECTS. 626 A. Environmental Consequences. 631 B. Economics. 631 C. Mandatory Minimum Sentences. 634 D. Higher Education Act. 636 E. Public Health Crisis. 637 F. Drug Crime. 639 G.... 2006
Pauline T. Kim COLLECTIVE AND INDIVIDUAL APPROACHES TO PROTECTING EMPLOYEE PRIVACY: THE EXPERIENCE WITH WORKPLACE DRUG TESTING 66 Louisiana Law Review 1009 (Summer, 2006) The latter half of the twentieth century saw a marked shift in the form of legal regulation of the workplace. At mid-century, unions were at the height of their power in terms of membership and bargaining strength. The dominant legal model for governing workplace relations was the one put into place by the Wagner Act in 1935, a model promoting... 2006
Jonathan Kahn, J.D., Ph.D HARMONIZING RACE: COMPETING REGULATORY PARADIGMS OF RACIAL CATEGORIZATION IN INTERNATIONAL DRUG DEVELOPMENT 5 Santa Clara Journal of International Law 34 (2006) Two powerful dynamics are at the forefront of contemporary pharmaceutical development: global outsourcing of clinical trials and pharmacogenomics. These two dynamics come together in the regulatory arena through the development of international guidelines to harmonize the production and use of clinical data involving diverse ethnic and racial... 2006
Karen L. Chadwick IS LEISURE-TIME SMOKING A VALID EMPLOYMENT CONSIDERATION? 70 Albany Law Review 117 (2006) It has been over forty years since the Surgeon General first released a report stating that cigarette smoking is a health hazard and a primary contributor to lung disease. Since that report, substantial research has established that smoking dramatically increases the risk of death from a plethora of conditions. Despite widespread awareness and... 2006
Avi Brisman METH CHIC AND THE TYRANNY OF THE IMMEDIATE : REFLECTIONS ON THE CULTURE-DRUG/DRUG-CRIME RELATIONSHIPS 82 North Dakota Law Review 1273 (2006) I. INTRODUCTION. 1275 II. L.'S STORY. 1291 III. DEFINITIONS, HISTORY, AND DEMOGRAPHICS. 1294 A. Definitions. 1294 1. Brief History of Drug Use and Abuse. 1296 2. Brief History of Amphetamine Use and Abuse. 1299 3. Brief History of Methamphetamine Use and Abuse. 1303 B. Who's Using Methamphetamine?. 1307 IV. DRUG-CRIME RELATIONSHIPS. 1312 A.... 2006
David J. Garrow , for the Washington Post PRESUMED GUILTY: A REPORTER'S SORRY TALE OF AN OUT-OF-CONTROL TEXAS DRUG STING TULIA: RACE, COCAINE, AND CORRUPTION IN A SMALL TEXAS TOWN, BY NATE BLAKESLEE, PULIC AFFAIRS: 450 PP. $26.95. AVAILABLE ON AMAZON.COM 31-JAN Montana Lawyer 9 (December, 2005/January, 2006) Iconoclastic lawyers who challenge the deeply entrenched, local powers-that-be relish the rare occasions when they prevail. For Jeff Blackburn, an Amarillo, Tex., attorney who is one of the heroes of Nate Blakeslee's thoroughly reported and superbly written new book, such an opportunity came late one night in 2003. Recalcitrant prosecutors had... 2006
Wade, Henderson, Executive Director,, Leadership, Conference on, Human Rights, Written Testimony, Submitted to the, Inter-American, Commission on, Human Rights, March 3. 2006 STATEMENT WADE HENDERSON: DRUG SENTENCING PRACTICES AND ISSUES Federal Sentencing Reporter (April 1, 2006) On behalf of the Leadership Conference on Civil Rights (LCCR), the nation's oldest, largest, and most diverse civil and human rights coalition, I am pleased to submit the following statement to the Inter-American Commission on Human Rights regarding the civil rights implications of drug sentencing practices in the United States. In the half century... 2006
Tiffany Lyttle STOP THE INJUSTICE: A PROTEST AGAINST THE UNCONSTITUTIONAL PUNISHMENT OF PREGNANT DRUG-ADDICTED WOMEN 9 NYU Journal of Legislation and Public Policy 781 (2005-2006) Beginning in the late 1970s, an innovative prosecutorial strategy arose: states began prosecuting pregnant women because of their criminal behavior and its effects on their unborn and newborn children. Prior to this creative use of the criminal justice system, women had never been prosecuted, let alone punished, for this behavior during pregnancy.... 2006
George S. Yacoubian, Jr., Ph.D. THE COALESCENCE OF LAW AND SCIENCE IN AN ERA OF SCHOOL DRUG TESTING: BEYOND VERNONIA, EARLS, AND JOYE 27 Journal of Juvenile Law 1 (2006) Two Supreme Court decisions have upheld the constitutionality of drug testing in public schools: Vernonia School District 47J v. Acton and the Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls. In Vernonia, the Court upheld the constitutionality of random drug testing for students who participate in school... 2006
Nancy D. Campbell THE CONSTRUCTION OF PREGNANT DRUG-USING WOMEN AS CRIMINAL PERPETRATORS 33 Fordham Urban Law Journal 463 (January, 2006) [W]hat the law tells us to do is not as important as what the law tells us to be. Despite clear lack of intent to harm those whom they carry, drug-using pregnant women have been constructed as de facto criminal perpetrators. When women become noticeably unable or unwilling to carry out their assigned social roles and responsibilities as parents,... 2006
Jeffrey Fagan , Garth Davies , Jan Holland THE PARADOX OF THE DRUG ELIMINATION PROGRAM IN NEW YORK CITY PUBLIC HOUSING 13 Georgetown Journal on Poverty Law and Policy 415 (Fall, 2006) In recent years, violence and public housing have been closely linked in political and popular cultures; to many, public housing symbolizes the dangers of inner city urban life. Built mainly in the 1950s and 1960s to assist the poor and working poor to escape slum conditions, most housing projects are clusters of high-rise towers that were placed... 2006
Major Keven Jay Kercher TIME FOR ANOTHER HAIRCUT: A RE-LOOK AT THE USE OF HAIR SAMPLE TESTING FOR DRUG USE IN THE MILITARY 188 Military Law Review 38 (Summer, 2006) The Army's urinalysis program has made great strides in reducing drug use in the military ranks. However, the current military operational tempo and the prevalence of illegal drugs in local communities warrant a more comprehensive approach to eliminating drug use in the service. An annual national drug survey by the U.S. Department of Health and... 2006
Jeffery A. Addicks TULIA: RACE, COCAINE, AND CORRUPTION IN A SMALL TEXAS TOWN BY NATE BLAKESLEE PUBLIC AFFAIRS, 2005, 408 PAGES 44-DEC Houston Lawyer 46 (November/December, 2006) In the summer of 1999, the arrests for alleged distribution of powdered cocaine of over 40 people, mostly black and mostly poor, in and around the small west Texas town of Tulia, Texas was front page news in the local community newspaper. Four years later, these arrests and the subsequent convictions of these individuals would become the subject of... 2006
Monique Rizer TULIA: RACE, COCAINE, AND CORRUPTION IN A SMALL TEXAS TOWN BY NATE BLAKESLEE PUBLIC AFFAIRS, NEW YORK, NY, 2005. 450 PAGES, $26.95 53-MAY Federal Lawyer 69 (May, 2006) In a world where most of us hear only sound bites about the latest cause célèbre on 60 Minutes or Dateline, Tulia is a sight for sore eyes and discerning minds. Nate Blakeslee delivers the details of what happened in the small Texas town when a white undercover officer accused 47 defendants -- most of them African-American and most of them... 2006
Deleso Alford Washington "EVERY SHUT EYE, AIN'T SLEEP": EXPLORING THE IMPACT OF CRACK COCAINE SENTENCING AND THE ILLUSION OF REPRODUCTIVE RIGHTS FOR BLACK WOMEN FROM A CRITICAL RACE FEMINIST PERSPECTIVE 13 American University Journal of Gender, Social Policy and the Law 123 (2005) Introduction. 124 I. Black Women Standing at the Intersection of Race, Class, and Gender. 125 A. Critical Race Feminist Perspective. 126 B. Her-storical Lens. 126 II. Crack Cocaine Sentencing of Black Mothers and its Intergenerational Impact. 126 Conclusion. 126 2005
  A PRESCRIPTION FOR BETTER DRUG TRIALS 41-MAR Trial 54 (March, 2005) When a hugely popular drug like Vioxx is pulled from the market, or a black-box warning is added to the label of an antidepressant, many consumers wonder why these products' side effects were not detected earlier; before thousands of users were exposed to potentially serious harm. The answer may lie in what many consumer and public health advocates... 2005
Jeff Yates , Todd A. Collins , Gabriel J. Chin A WAR ON DRUGS OR A WAR ON IMMIGRANTS? EXPANDING THE DEFINITION OF "DRUG TRAFFICKING" IN DETERMINING AGGRAVATED FELON STATUS FOR NONCITIZENS 64 Maryland Law Review 875 (2005) In this Article we assess competing interpretations of the Immigration and Nationality Act's aggravated felony provisions, specifically the determination of what state drug offenses properly constitute aggravated felonies, thus subjecting noncitizens to deleterious collateral immigration consequences, including deportation. This issue is considered... 2005
Katherine Y. Barnes ASSESSING THE COUNTERFACTUAL: THE EFFICACY OF DRUG INTERDICTION ABSENT RACIAL PROFILING 54 Duke Law Journal 1089 (March, 2005) This Article investigates the costs and benefits of racial profiling in the context of drug interdiction. I begin by reviewing the empirical economic and civil rights literature regarding the existence and rationality of racial profiling and then build an explicit model of a trooper's decision to search a stopped vehicle. Estimating the model using... 2005
Melissa T. Aoyagi BEYOND PUNITIVE PROHIBITION: LIBERALIZING THE DIALOGUE ON INTERNATIONAL DRUG POLICY 37 New York University Journal of International Law & Politics 555 (Spring 2005) We are all deeply concerned about the threat that drugs pose to our children, our fellow citizens and our societies. There is no choice but to work together, both within our countries and across borders, to reduce the harms associated with drugs. The United Nations has a legitimate and important role to play in this regard--but only if it is... 2005
Ellen M. Weber BRIDGING THE BARRIERS: PUBLIC HEALTH STRATEGIES FOR EXPANDING DRUG TREATMENT IN COMMUNITIES 57 Rutgers Law Review 631 (Winter 2005) Introduction. 632 Part I. Alcohol and Drug Dependence: The Public Health Perspective. 638 A. The Disease and the Treatment. 638 B. Treatment Efficacy. 640 C. Treatment Accessibility. 644 Part II. National Policies that Promote NIMBY. 648 Part III. Civil Rights Laws and Zoning Discrimination. 656 A. Title II of the Americans With Disabilities Act... 2005
E. Michelle Tupper CHILDREN LOST IN THE DRUG WAR: A CALL FOR DRUG POLICY REFORM TO ADDRESS THE COMPREHENSIVE NEEDS OF FAMILY 12 Georgetown Journal on Poverty Law and Policy 325 (Summer, 2005) Family treatment really taught me to live again. Not just exist, but live. ~ Carolette Sweatt, mother in recovery The life of the law has not been logic: it has been experience. ~ Oliver Wendell Holmes Current drug policy has failed to control illegal substance abuse in the United States at the cost of untreated addiction, depleted budgets,... 2005
Lynn M. Paltrow GOVERNMENTAL RESPONSES TO PREGNANT WOMEN WHO USE ALCOHOL OR OTHER DRUGS 8 DePaul Journal of Health Care Law 461 (AMA Special Issue 2005) Throughout the 1980s and into the 1990s the media gave extraordinary coverage to the war on drugs. News reports were typically presented in extremely alarmist terms, reporting crack as a plague that was eating away at the fabric of America. Such claims were routinely made despite the lack of evidence to support them. Unsupported and... 2005
Michael B. Losow, Esq. PERSONALIZED MEDICINE & RACE-BASED DRUG DEVELOPMENT: ADDRESSING MINORITY HEALTH CARE DISPARITIES IN AN ETHICALLY CHARGED AREA 20 Saint John's Journal of Legal Commentary 15 (Fall 2005) Thank you. I would like to start by saying that any of the nice slides you see in here I owe directly to Doctor Francis Collins, who has just recently done a similar speech and lent me his slide show. One of the things you learn in law school is that you are supposed to be prepared, but, as you see, as I go through the slides that I put together,... 2005
Benton Brooks Bodamer PSYCHOACTIVE SUBSTANCES, DIETARY SUPPLEMENTS, AND THE WAR ON "DRUGS": LAW, MYTH, AND TRADITION AS THE SOCIAL CONTROL OF CONSCIOUSNESS 66 Ohio State Law Journal 1311 (2005) Human consciousness has long been a target of social regulation. From the religious control of ritual substances like peyote to the explicit statutory restriction of everything from cocaine to prescription drugs, the need to control substances that change consciousness has evolved into a complex body of laws and practices. The laws governing... 2005
Terry Gibbs , Garry Leech RACE AND CLASS DIMENSIONS OF THE WAR ON DRUGS: A HUMANITARIAN CRISIS 3 Rutgers Journal of Law & Urban Policy 62 (Fall, 2005) The U.S. war on drugs has been waged along class and race lines, both domestically and internationally. Rather than finding long-term solutions to the social development issues in target communities, drug policy has exacerbated problems of poverty and social marginalization. This paper examines how the war on drugs has prejudicially targeted poor... 2005
New Jersey, Commission, to Review, Criminal, Sentencing, December 2005 REPORT ON NEW JERSEY'S DRUG FREE ZONE CRIMES & PROPOSAL ON REFORM Federal Sentencing Reporter (Unknown) On April 23, 1987, former Governor Thomas Kean signed into law the Comprehensive Drug Reform Act of 1987 (The Act), a sweeping revamping of New Jersey's criminal drug laws. The Act at once: 1) consolidated and revised all criminal drug statutes, many of which prior to 1986 were situated outside of New Jersey's Code of Criminal Justice; 2)... 2005
Annalisa A. Jabaily SHIPS PASSING IN THE NIGHT: MAPPING THE TRADE ROUTES BETWEEN THE WAR ON DRUGS AND THE WAR ON TERROR 15 Temple Political & Civil Rights Law Review 1 (Fall 2005) I ain't got no quarrel with them Vietcong. No Vietcong has ever called me a nigger. -Muhammed Ali It sounds like the beginning of a racist joke: What do an African American and an Arab American have in common? Many jokes, including racist ones, begin by comparing two seemingly incomparable things (or races). This particular question, however,... 2005
Katherine Culliton THE IMPACT OF ALCOHOL AND TOBACCO ADVERTISING ON THE LATINO COMMUNITY AS A CIVIL RIGHTS ISSUE 16 Berkeley La Raza Law Journal 71 (Fall 2005) The impact of alcohol and tobacco advertising on the Latino community is a health issue, and as this paper will discuss, also a civil rights issue. Tobacco and alcohol use have not always been viewed in this way. For example, during the Prohibition Era of the 1920's, alcohol abuse was considered a moral issue. Attitudes in this country towards... 2005
MaryBeth Lipp A NEW PERSPECTIVE ON THE "WAR ON DRUGS": COMPARING THE CONSEQUENCES OF SENTENCING POLICIES IN THE UNITED STATES AND ENGLAND 37 Loyola of Los Angeles Law Review 979 (Spring 2004) While the Bush Administration continues to fight the war on terrorism abroad, a long-waged battle continues at home as fervently as ever. Rather than diverting resources and attention away from the war on drugs, the war on terror has renewed interest in U.S. domestic drug policies. The White House has promoted the most recent National Drug... 2004
Eric J. Miller EMBRACING ADDICTION: DRUG COURTS AND THE FALSE PROMISE OF JUDICIAL INTERVENTIONISM 65 Ohio State Law Journal 1479 (2004) This article analyzes two of the central claims made on behalf of drug courts: that they divert offenders from incapacitatory prison regimes and that they treat drug addicts. Taken together, these claims form the central justification of the drug court's existence and the basis of the court's unusual style of procedure. The court often resembles... 2004
Michael M. O'Hear FEDERALISM AND DRUG CONTROL 57 Vanderbilt Law Review 783 (April, 2004) I. A Survey of the Conceptual Terrain. 789 A. Four Leading Paradigms of Drug Control Policy. 789 B. A Note on Terminology. 792 II. The Evolution of Federal Drug Policy. 793 A. 1914-1968: The Other Prohibition. 794 B. 1969-1980: Making War on Drugs. 797 C. 1981-2000: Escalating the War--The Triumph of Enforcement. 799 D. Federal Policy in the... 2004
Jonathan Kahn, J.D., Ph.D. HOW A DRUG BECOMES "ETHNIC": LAW, COMMERCE, AND THE PRODUCTION OF RACIAL CATEGORIES IN MEDICINE 4 Yale Journal of Health Policy, Law & Ethics 1 (Winter 2004) A drug called BiDil is poised to become the first pharmaceutical ever approved by the U.S. Food and Drug Administration (FDA) to treat heart failure specifically in African Americans--and only African Americans. On March 8, 2001, NitroMed, then a privately held biotech firm in Massachusetts, issued a press release triumphantly announcing the... 2004
M. Casey Kucharson PLEASE REPORT TO THE PRINCIPAL'S OFFICE, URINE TROUBLE: THE EFFECT OF BOARD OF EDUCATION V. EARLS ON AMERICA'S SCHOOLCHILDREN 37 Akron Law Review 131 (2004) High school students participating in extracurricular activities will lose sleep stressing about a new type of exam. Not a traditional exam that tests their knowledge of math, social studies, or English, but an exam that tests their urine. Drug abuse among high school students is a serious problem that school officials confront everyday. Instead of... 2004
Rene Bowser RACE AS A PROXY FOR DRUG RESPONSE: THE DANGERS AND CHALLENGES OF ETHNIC DRUGS 53 DePaul Law Review 1111 (Spring 2004) Considerable debate exists concerning the use of race in medical research and in clinical practice. Race, according to some, is of little or no biological significance and, therefore, should be of little or no importance in making treatment decisions. Others insist that a patient's race can, and should, influence the doctor's thinking about... 2004
L. Buckner Inniss A MOVING VIOLATION? HYPERCRIMINALIZED SPACES AND FORTUITOUS PRESENCE IN DRUG FREE SCHOOL ZONES 8 Texas Forum on Civil Liberties and Civil Rights 51 (Spring 2003) I. Introduction. 52 II. Criminalized Spaces in General and Drug Free Zones--The Hypercriminalized Space. 54 A. Criminalized Space. 54 B. Hypercriminalized Space. 63 III. The Creation of the Federal Schoolyard Drug Statutes and Recurring Challenges to Validity. 65 IV. Congressional Power to Legislate in the Area of Drug Interdiction. 68 V. Due... 2003
Elizabeth Tison AMENDING THE SENTENCING GUIDELINES FOR COCAINE OFFENSES: THE 100-TO-1 RATIO IS NOT AS "CRACKED" UP AS SOME SUGGEST 27 Southern Illinois University Law Journal 413 (Winter, 2003) From no other governmental institution is so much expected as from the American system of justice. Covered extensively by the media, monitored closely by the public at large and administered by proponents of differing philosophies, our system always has and always will be subject to debate, both within and without the ranks of those who administer... 2003
R. Richard Banks BEYOND PROFILING: RACE, POLICING, AND THE DRUG WAR 56 Stanford Law Review 571 (December, 2003) Introduction. 572 I. The Campaign Against Racial Profiling. 574 A. Consensus and Data Collection. 574 B. The Innocence Emphasis. 576 C. The Irrationality Claim. 577 1. Self-fulfilling prophecy and survey data claims.. 577 2. Hit rates argument.. 578 II. The Ambiguity of the Evidence. 580 A. Limitations of Self-Fulfilling Prophecy and Survey Data... 2003
Andrew Armstrong DRUG COURTS AND THE DE FACTO LEGALIZATION OF DRUG USE FOR PARTICIPANTS IN RESIDENTIAL TREATMENT FACILITIES 94 Journal of Criminal Law and Criminology 133 (Fall 2003) The recreational possession and use of some drugs is regarded as a criminal offense in every state in the nation. What this means for an offender is that the state views discrete incidents of detected possession not as manifestations of an over-arching addiction, but as isolated crimes deserving punishment. This approach comports with a traditional... 2003
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