AuthorTitleCitationSummaryYear
DOUGLAS A. BERMAN, Assistant Professor, Ohio State University College of Law EDITOR'S OBSERVATIONS Federal Sentencing Reporter (February 1, 1998) As the guidelines enter their second decade, the evolution of federal sentencing policy and practice is now as important, if not more important, than the decisions made by Congress and the Sentencing Commission when the guidelines were first enacted. Two matters that have evolved into long-term controversies the disparate penalties for crack and... 1998
John F. Galliher , David P. Keys , Michael Elsner LINDESMITH V. ANSLINGER: AN EARLY GOVERNMENT VICTORY IN THE FAILED WAR ON DRUGS 88 Journal of Criminal Law and Criminology 661 (Winter 1998) The late Alfred Lindesmith was an Indiana University sociology professor who was a long-time advocate of medical treatment of addiction. We demonstrate below how the Federal Bureau of Narcotics (FBN) attempted to intimidate Lindesmith, stifle his research, and interfere with his publication of articles counter to FBN policies. In addition, we argue... 1998
Jaime A. Wilsker ONE-HALF PHEN IN THE MORNING/ ONE FEN BEFORE DINNER: A PROPOSAL FOR FDA REGULATION OF OFF-LABEL USES OF DRUGS 6 Journal of Law & Policy 795 (1998) When a nearly untested drug combination enters the obesity market in a country where people are willing to try almost anything that promises to help them shed pounds, you have a potential disaster on your hands. Desperation leads people to the miracle bottle for a quick fix weight loss drug like fen-phen. It's not just being able to wear shorts... 1998
William J. Stuntz RACE, CLASS, AND DRUGS 98 Columbia Law Review 1795 (November, 1998) Urban crack markets have received more police attention than markets for cocaine powder, and crack buyers and sellers have received harsher punishments than powder buyers and sellers. Crack defendants are largely black; powder defendants are not. Some say this divide is simply racist. Others say the system actually helps black communities by... 1998
Richard C. Boldt REHABILITATIVE PUNISHMENT AND THE DRUG TREATMENT COURT MOVEMENT 76 Washington University Law Quarterly 1205 (Winter, 1998) Introduction. 1206 I. Twentieth Century Rehabilitative Penal Practice in the United States. 1218 A. The Development and Repudiation of the Rehabilitative Ideal. 1219 B. The Practical Critique. 1223 1. The Problems of Diagnosis, Evaluation, and Prognosis. 1224 2. The Problems of Indeterminacy and Discretion. 1230 C. The Theoretical Perspective of... 1998
Vernellia R. Randall SMOKING, THE AFRICAN-AMERICAN COMMUNITY, AND THE PROPOSED NATIONAL TOBACCO SETTLEMENT 29 University of Toledo Law Review 677 (Summer, 1998) Dedicated to the Memory of Ernest Randall 1916-1995 My great-grandfather, Manlis Randle, lived to be ninety-four years old; my grandfather, Tom Randall, the youngest child of slaves, lived to be ninety-seven years old. My father, an educated black man of the twentieth century, lived only to seventy-nine. He died of cancer after smoking cigarettes... 1998
Tracey L. Meares SOCIAL ORGANIZATION AND DRUG LAW ENFORCEMENT 35 American Criminal Law Review 191 (Winter 1998) I. Introduction. 191 II. Community Social Organization Theory and the Current Drug-Law Enforcement Regime. 194 A. A Theory of Community Social Organization. 194 B. Tough Sentences and Social Organization Improvement?. 198 C. Tough Sentences and Social Organization Disruption?. 205 D. Stigma, Linked Fate, and Multiple Roles: The Current Drug-Law... 1998
Patricia A. Davidson TALES FROM THE TOBACCO WARS: INDUSTRY ADVERTISING TARGETS TEENAGE GIRLS 13 Wisconsin Women's Law Journal 1 (Spring 1998) Startling statistics on youth smoking prompted the Surgeon General to label smoking a pediatric epidemic in her 1994 report. Relying on this data and new evidence that the tobacco industry intended their tobacco products to affect the structure and function of the body, the Food and Drug Administration (FDA) asserted jurisdiction over tobacco... 1998
Joni Hersch TEEN SMOKING BEHAVIOR AND THE REGULATORY ENVIRONMENT 47 Duke Law Journal 1143 (April, 1998) Professor Hersch argues that most state regulations aimed at fighting teen smoking have had little or no effect. She provides evidence that despite widespread age restrictions on purchasing tobacco, most teens do not consider it difficult for minors to purchase tobacco products within their community. She also presents evidence demonstrating a... 1998
Honorable Jack B. Weinstein , Mae C. Quinn TERRY, RACE, AND JUDICIAL INTEGRITY: THE COURT AND SUPPRESSION DURING THE WAR ON DRUGS 72 Saint John's Law Review 1323 (Summer-Fall 1998) Thirty years ago the Supreme Court announced the stop and frisk rule that has become so much a part of modern criminal jurisprudence. Since then, commentators argue, the liberal and lenient Terry v. Ohio standard has been utilized to justify race-based stops by many law enforcement officers. In responding to Professor Tracey Maclin's concerns... 1998
Richard Curtis THE IMPROBABLE TRANSFORMATION OF INNER-CITY NEIGHBORHOODS: CRIME, VIOLENCE, DRUGS, AND YOUTH IN THE 1990S 88 Journal of Criminal Law and Criminology 1233 (Summer, 1998) The reduction of crime was startling because it contradicted two powerful assumptions about life in the United States. The first was that cities were becoming progressively more dangerous places to live. In this formulation, not only were Americans more at risk for becoming victims of violent crime, they were also more likely to become perpetrators... 1998
Robin A. Longaker WARNING: YOUR TOBACCO SPONSORSHIP MAY BE HAZARDOUS TO OUR NATION'S HEALTH 5 Villanova Sports and Entertainment Law Journal 165 (1998) I'll tell you why I like the cigarette business. It costs a penny to make. Sell it for a dollar. It's addictive. And there's fantastic brand loyalty. Events such as Nascar's Winston Cup, World Cup Soccer, Cigarette boat races, America's Cup, Wimbledon and the Superbowl display an array of athletic achievement and are known world wide.... 1998
Scott D. Matthews WILL NASCAR HAVE TO PUT ON THE BRAKES?: THE CONSTITUTIONALITY OF THE FDA'S BAN ON BRAND-NAME TOBACCO SPONSORSHIP IN MOTOR SPORTS 31 Indiana Law Review 219 (1998) They come in their motor homes and pick-up trucks, the working class and the wealthy alike. Some come with coolers full of beer. Some come in tee shirts sporting their hero. Some come with no shirts at all. But they all come for the same reason-to see cars blaze around a race track at nearly two-hundred miles per hour; to see their favorite driver... 1998
David H. Angeli A "SECOND LOOK" AT CRACK COCAINE SENTENCING POLICIES: ONE MORE TRY FOR FEDERAL EQUAL PROTECTION 34 American Criminal Law Review 1211 (Spring, 1997) I. L2-3,T3Introduction 1211 II. L2-3,T3The Totality of Relevant Facts': A Reexamination of History, Policy Objectives, and Foreseeable Disparate Impact 1217 A. Foreseeability of Disparate Impact. 1218 B. The Racial Fears Historically Embodied in Federal Drug Laws.. 1221 C. Events Leading to the Passage of Cocaine Sentencing Provisions. 1223 D.... 1997
Gregory D. Bassuk ADVERTISING RIGHTS AND INDUSTRY FIGHTS: A CONSTITUTIONAL ANALYSIS OF TOBACCO ADVERTISING RESTRICTIONS IN A FEDERAL LEGISLATIVE SETTLEMENT OF TOBACCO INDUSTRY LITIGATION 85 Georgetown Law Journal 715 (February, 1997) A sweeping legislative proposal that would bar lawsuits against the tobacco industry for the next fifteen years and immunize cigarette manufacturers from regulation by the U.S. Food and Drug Administration has been quietly circulating on Capitol Hill. For years, tobacco industry leaders, lawmakers, and antismoking groups have considered how to... 1997
Tracey L. Meares CHARTING RACE AND CLASS DIFFERENCES IN ATTITUDES TOWARD DRUG LEGALIZATION AND LAW ENFORCEMENT: LESSONS FOR FEDERAL CRIMINAL LAW 1 Buffalo Criminal Law Review 137 (1997) America's drug problem manifests itself in many ways. Illegal drugs are linked to high crime levels, high imprisonment rates, and wasted lives. The harms associated with drugs and drug law enforcement disproportionately affect African Americans. Increasingly the answer to the drug problem is presented in terms of a debate between the supporters of... 1997
Cristian M. Stevens CRITICISM OF CRACK COCAINE SENTENCES IS NOT WHAT IT IS CRACKED UP TO BE: A CASE OF FIRST IMPRESSION WITHIN THE ONGOING CRACK VS. COCAINE DEBATE 62 Missouri Law Review 869 (Fall 1997) In United States v. Jackson, the United States Court of Appeals for the Eighth Circuit held that the sentencing provisions of 21 U.S.C. S 841 are unambiguous, and declined to apply the rule of lenity to reduce the defendant's sentence. Although the narrow issue of the alleged ambiguity of the sentencing provisions was an issue of first impression,... 1997
Mark Parts DISEASE PREVENTION AS DRUG POLICY: A HISTORICAL PERSPECTIVE ON THE CASE FOR LEGAL ACCESS TO STERILE SYRINGES AS A MEANS OF REDUCING DRUG-RELATED HARM 24 Fordham Urban Law Journal 475 (Spring 1997) Invention of the modern hypodermic syringe in the mid-1800s is generally attributed to Dr. Alexander Wood of Edinburgh. By the employment of this instrument and the injection of morphine and other derivatives of opium under the skin, it was thought that the so-called opium appetite would not be stimulated, as it was by oral administration. Heroin... 1997
Julie S. Thomerson DRUG SENTENCING 74 Denver University Law Review 435 (1997) Most of the recent controversy regarding drug sentencing arises from inconsistencies between statutory minimums and the relatively new Sentencing Guidelines (Guidelines) promulgated by the Federal Sentencing Commission. Where the two conflict, courts have exercised judicial discretion to determine the appropriate standard. This has created... 1997
Andrew N. Sacher INEQUITIES OF THE DRUG WAR: LEGISLATIVE DISCRIMINATION ON THE COCAINE BATTLEFIELD 19 Cardozo Law Review 1149 (December, 1997) There are no living communities which do not have some notions of justice, beyond their historic laws, by which they seek to gauge the justice of their legislative enactments. America's War on Drugs commenced in 1982. Congress subsequently created the United States Sentencing Commission through the Sentencing Reform Act of 1984 with the express... 1997
Donald W. Garner , Richard J. Whitney PROTECTING CHILDREN FROM JOE CAMEL AND HIS FRIENDS: A NEW FIRST AMENDMENT AND FEDERAL PREEMPTION ANALYSIS OF TOBACCO BILLBOARD REGULATION 46 Emory Law Journal 479 (Spring 1997) Since the following Article was completed, a Supreme Court decision and a proposed comprehensive settlement of tobacco liability have given its central thesis added force and importance. First, the U.S. Supreme Court denied certiorari to the alcohol and billboard companies that sought review of the Fourth Circuit's opinions in Anheuser-Busch, Inc.... 1997
Bradford J. Patrick SNUFFING OUT THE FIRST AMENDMENT: THE FDA REGULATION OF TOBACCO COMPANY ADVERTISING AND SPORTS SPONSORSHIPS UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. 8 Marquette Sports Law Journal 139 (Fall 1997) Cigarette smoking did not become a large part of society in America until around 1910, when the Camel brand, the first blended tobacco cigarette, was introduced by R.J. Reynolds. After peaking in the mid-1950s, consumption of all forms of tobacco has continued to drop. In 1955, the National Cancer Institute conducted the first large-scale... 1997
Joseph L. Gastwirth , Tapan K. Nayak STATISTICAL ASPECTS OF CASES CONCERNING RACIAL DISCRIMINATION IN DRUG SENTENCING: STEPHENS v. STATE AND U.S. v. ARMSTRONG 87 Journal of Criminal Law and Criminology 583 (Winter 1997) Statistical evidence has been accepted in a wide variety of legal cases, including trademark confusion, product liability, and jury and employment discrimination. Recently, statistics introduced on behalf of defendants who have challenged the fairness of sentencing practices have been poorly received by courts, as compared to their acceptability in... 1997
Wayne L. Mowery, Jr. STEPPING UP THE WAR ON DRUGS: PROSECUTION AND ENHANCED SENTENCES FOR CONSPIRACIES TO POSSESS OR DISTRIBUTE DRUGS UNDER STATE AND FEDERAL SCHOOLYARD STATUTES 101 Dickinson Law Review 703 (Summer 1997) Drug abuse cuts across all cultural, racial, and economic lines and impairs millions of Americans. Drug use is inextricably linked to crime and violence, and contributes to the breakdown of our families, the abuse of children and adults, the spread of the AIDS virus, school dropouts and the declining quality of education, homelessness, urban decay,... 1997
Juan R. Torruella THE "WAR ON DRUGS": ONE JUDGE'S ATTEMPT AT A RATIONAL DISCUSSION 14 Yale Journal on Regulation 235 (Winter 1997) (E)ver since (Columbus mistook his discovery for the islands off Asia), the American continent has existed between dream and reality, in a divorce between the good society that we desire and the imperfect society in which we really live. --Mexican author Carlos Fuentes, former ambassador to the United States and the United Nations Introduction Our... 1997
Mark J. Kadish THE DRUG COURIER PROFILE: IN PLANES, TRAINS, AND AUTOMOBILES; AND NOW IN THE JURY BOX 46 American University Law Review 747 (February, 1997) Introduction. 748 I. Drug Courier Profile and the Fourth Amendment. 753 II. Beyond the Fourth Amendment: Drug Courier Profile Evidence in the Courtroom. 760 A. The Majority: Profile Evidence is Inadmissible as Substantive Evidence of Guilt. 761 B. Exceptions for Admissibility of Drug Courier Profile Evidence . 762 1. Rebuttal evidence. 763 2.... 1997
Lawrence O. Gostin THE EPIDEMICS OF INJECTING DRUG USE AND BLOOD-BORNE DISEASE: A PUBLIC HEALTH PERSPECTIVE 31 Valparaiso University Law Review 669 (Spring, 1997) The twin epidemics of injecting drug use and blood-borne disease threaten both public health and social structure. The drug-related health problems of the estimated 1.5 million injecting drug users (IDUs) in the United States range from blood-borne infections to physical deterioration and death. The most comprehensive longitudinal study among IDUs... 1997
Joe R. Hinojosa THE FOOD AND DRUG ADMINISTRATION'S FINAL RULE ON TOBACCO ADVERTISING IS ALL BUTT FINAL: COMMERCIAL SPEECH DOCTRINE WILL BE TESTED ONCE MORE UNDER A STRICTER CENTRAL HUDSON ANALYSIS IN THE AFTERMATH OF 44 LIQUORMART, INC. v. RHODE ISLAND 28 Saint Mary's Law Journal 729 (1997) I. Introduction. 730 II. The FDA's Role in Protecting the American Public. 738 A. Restrictive Medical Devices and the FDA's Regulation of Tobacco. 738 B. Snuffing out Tobacco's Grip on American Children. 740 III. Jurisprudential History of Commercial Speech. 747 A. Summary of the Commercial Speech Doctrine. 747 B. The Central Hudson Test. 751 C. 44... 1997
Nkechi Taifa BEYOND INSTITUTIONALIZED RACISM: "THE GENOCIDAL IMPACT OF EXECUTIVE, LEGISLATIVE & JUDICIAL DECISION–MAKING IN THE CRACK COCAINE FIASCO" 10–OCT NBA National Bar Association Magazine 13 (September/October, 1996) During heated debate on the floor of the House of Representatives on the crack cocaine issue last year, Representative Maxine Waters conveyed comments of frustration from her constituents disparaging the prevalence of crack cocaine in their communities: Ms. Waters, why do they not get the big drug dealers?, she quoted them as asking. What is... 1996
William Spade, Jr. BEYOND THE 100:1 RATIO: TOWARDS A RATIONAL COCAINE SENTENCING POLICY 38 Arizona Law Review 1233 (Winter, 1996) It may profit us very little to win the war on drugs if in the process we lose our soul. In the Violent Crime Control and Law Enforcement Act of 1994, Congress directed the United States Sentencing Commission (Sentencing Commission or Commission) to study federal sentencing policy as it relates to possession and distribution of all forms of... 1996
Laura Duncan CIGARETTE MAKERS RACE ATTORNEYS GENERAL TO COURT 82-MAR ABA Journal 38 (March, 1996) In a pre-emptive strike, cigarette makers have sued the attorneys general in two states to snuff out expected lawsuits seeking to recover smoking-related health costs. The result may not be a lucky strike, however, according to some experts asked to comment on the two separate lawsuits, filed in Massachusetts and Texas. Five cigarette makers fired... 1996
Norbert Gilmore ; DRUG USE AND HUMAN RIGHTS: PRIVACY, VULNERABILITY, DISABILITY, AND HUMAN RIGHTS INFRINGEMENTS 12 Journal of Contemporary Health Law and Policy 355 (Spring 1996) Drug use is a complex social phenomenon involving the drugs which are used, the people using them, the context in which they are acquired and used, and the social construction of drug use by society and by governments. It is a popular yet controversial behavior which elicits extreme public opinion. Discourse about drug use is often polarized,... 1996
Omar Saleem KILLING THE PROVERBIAL TWO BIRDS WITH ONE STONE: USING ENVIRONMENTAL STATUTES AND NUISANCE TO COMBAT THE CRIME OF ILLEGAL DRUG TRAFFICKING 100 Dickinson Law Review 685 (Summer 1996) Illegal drugs and the destruction of the natural environment both are major concerns of many Americans. These twin social problems raise serious social concerns. Tremendous efforts have been channeled into confronting both environmental degradation and stopping the flow of illegal drugs. A tendency exists to separate the problems from each other... 1996
Robert Batey NAKED LUNCH FOR LAWYERS: WILLIAM S. BURROUGHS ON CAPITAL PUNISHMENT, PORNOGRAPHY, THE DRUG TRADE, AND THE PREDATORY NATURE OF HUMAN INTERACTION 27 California Western International Law Journal 101 (Fall 1996) At eighty-two, William S. Burroughs has become a literary icon, arguably the most influential American prose writer of the last 40 years, the rebel spirit who has witch-doctored our culture and consciousness the most. In addition to literature, Burroughs' influence is discernible in contemporary music, art, filmmaking, and virtually any other... 1996
Steven R. Salbu NEEDLE EXCHANGE, HIV TRANSMISSION, AND ILLEGAL DRUG USE: INFORMING LAW AND PUBLIC POLICY WITH SCIENCE AND RATIONAL DISCOURSE 33 Harvard Journal on Legislation 105 (Winter, 1996) Efforts to control the spread of AIDS have been constrained by the controversial nature of many prevention programs. This is especially true of needle exchange programs. In this Article, Professor Salbu explores the issues behind needle exchange and the validity of arguments both for and against such programs. He also provides a comprehensive... 1996
Juan R. Torruella ONE JUDGE'S ATTEMPT AT A RATIONAL DISCUSSION OF THE SO-CALLED WAR ON DRUGS 6 Boston University Public Interest Law Journal 1 (Fall 1996) In The Buried Mirror, Carlos Fuentes, a well-known Mexican author and a former ambassador to the United States and the United Nations, observes that ever since Columbus' dis-Orientation in mistaking his discovery of the Indies for that of the islands off Asia: the American continent has existed between dream and reality, in a divorce between the... 1996
Juan R. Torruella ONE JUDGE'S ATTEMPT AT A RATIONAL DISCUSSION OF THE SO-CALLED WAR ON DRUGS 66 Revista Juridica Universidad de Puerto Rico 1 (1996) I was recently reading a book by the well-known Mexican author Carlos Fuentes, also former ambassador to the United States and the United Nations, who on commenting upon Columbus' dis-Orientation in mistaking his discovery for that of the islands off Asia, observed that: [E]ver since, the American continent has existed between dream and... 1996
Robert J. Miller , Maril Hazlett THE "DRUNKEN INDIAN": MYTH DISTILLED INTO REALITY THROUGH FEDERAL INDIAN ALCOHOL POLICY 28 Arizona State Law Journal 223 (Spring, 1996) [I]f it be the Design of Providence to extirpate these Savages in order to make room for Cultivators of the Earth, it seems not improbable that Rum may be the appointed Means. Benjamin Franklin I. Introduction: Myth of the Drunken Indian Versus the Reality. 225 II. Theories on Indian Alcohol Use. 229 A. Biologic or Genetic Predisposition. 229 B.... 1996
Thomas M. Mieczkowski THE PREVALENCE OF DRUG USE IN THE UNITED STATES 20 Crime and Justice 349 (1996) The four major sources of data on the prevalence of use of illicit drugsthe National Household Survey on Drug Abuse, the High School Senior Survey (Monitoring the Future), the Drug Abuse Warning Network, and the Drug Use Forecasting Systemtell us much that we want to know about drug abuse patterns and trends but not enough. The first two are... 1996
by Alan Raphael United States 1995-96 Preview of United States Supreme Court Cases 220 (February 8, 1996) The respondents here, all indicted on federal crack cocaine charges, are African American. They claim that the decision to prosecute them on federal rather than state drug charges is unconstitutional because federal charges are filed disproportionately against African Americans. They sought information from the federal prosecutor's office to... 1996
Kimberly Mache Maxwell A DISPARITY THAT IS WORLDS APART: THE FEDERAL SENTENCING GUIDELINES TREATMENT OF CRACK COCAINE AND POWDER COCAINE 1 Race and Ethnic Ancestry Law Digest 21 (Spring, 1995) Derrick Curry aspired to be a professional basketball player. He was a star athlete at a Hyattsville, Maryland, high school and won a basketball scholarship from a junior college in Kansas. He had never been in any trouble with the law or at school, but he participated in a drug ring that distributed crack cocaine (crack) in the Washington, D.C.... 1995
Arthur L. Berney COCAINE PROHIBITION: DRUG-INDUCED MADNESS IN THE WESTERN HEMISPHERE 15 Boston College Third World Law Journal 19 (Winter, 1995) Colombia and the United States share the unhappy distinction of being two of the most violent democracies in the world, because of a common, reciprocal condition: drug addiction. This addiction is the addiction to a failed policy: prohibition. The adherence to this policy is more than irrational; it is mad. It is the thesis of this paper that... 1995
David A. Sklansky COCAINE, RACE, AND EQUAL PROTECTION 47 Stanford Law Review 1283 (July 1, 1995) Most agree that equal protection should guard against laws that disproportionately burden members of a disempowered minority group because of majority prejudice. In this essay, Professor Sklansky argues that equal protection doctrine in its current form fails to achieve this objective. Professor Sklansky reaches this conclusion through an... 1995
Henry J. Reske CONGRESS ASKED TO LOWER CRACK PENALTIES 81-JUL ABA Journal 30 (July, 1995) When sentences for the possession and selling of crack cocaine were attacked as unfair, unjust and even racist compared to sentences for powder cocaine, the U.S. Sentencing Commission listened. After years of study and public hearings, the commission concluded that equal penalties for crimes involving 100 times more powder than crack cocaine could... 1995
Steven B. Duke DRUG PROHIBITION: AN UNNATURAL DISASTER 27 Connecticut Law Review 571 (Winter, 1995) How can you conserve the basic values, how can you conserve the fabric of your life if you do not have the courage to change when what you're doing is tearing the heart out of your country? -Bill Clinton An evil grips America, a life-sapping, drug-related habit. It beclouds reason and corrodes the spirit .... It's the habit of drug prohibition ...... 1995
Doug Bandow DRUG PROHIBITION: DESTROYING AMERICA TO SAVE IT 27 Connecticut Law Review 613 (Winter, 1995) With much talk in Washington about reinventing government even before the recent congressional upheaval, America's policy of drug prohibition would seem to be an obvious target for review. However, few public officials are willing to undertake such a project because the results would almost inevitably be seen as unacceptable politically. Why? Any... 1995
William Macknight DRUG TESTING IN INTERCOLLEGIATE ATHLETICS--HILL V. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, 26 CAL. RPTR.2D 834 (CAL. 1994). 5 Seton Hall Journal of Sport Law 529 (1995) The random drug testing of intercollegiate athletes was initiated when the National Collegiate Athletic Association (NCAA) approved a plan requiring mandatory urinanalysis testing of certain athletes participating in post-season competition. The NCAA's plan was promulgated to protect intercollegiate athletics from the negative effects of... 1995
Sean P. Lafferty HEALTH AND WELFARE; CIGARETTE AND TOBACCO PRODUCT SURTAX PROGRAMS 26 Pacific Law Journal 595 (January, 1995) Under prior law, appropriations from the Cigarette and Tobacco Products Surtax revenue generated by Proposition 99 which were distributed to the Health Education, Hospital Services, Physician Services, and Unallocated accounts, ceased as of July 1, 1994. Chapter 195 re-enacts and extends the sunset on these appropriations, as well as the program... 1995
Larry E. Walker LAW AND MORE DISORDER! THE DISPARATE IMPACT OF FEDERAL MANDATORY SENTENCING FOR DRUG RELATED OFFENSES ON THE BLACK COMMUNITY 10 Journal of the Suffolk Academy of Law 97 (1995) The focus of this paper is the disparate racial impact of federal mandatory sentencing for drug related offenses on the black community. Statutes enacted as a result of the so-called war on drugs have mandated different sentences for various types of drugs. The most profound differences are found in the sentencing mandated for offenses related to... 1995
Laura A. Wytsma PUNISHMENT FOR "JUST US"--A CONSTITUTIONAL ANALYSIS OF THE CRACK COCAINE SENTENCING STATUTES 3 George Mason Independent Law Review 473 (Summer 1995) Injustice anywhere is a threat to justice everywhere. Martin Luther King Jr. Derrick Curry was only twenty years old when he was arrested for being a delivery boy or flunky in a crack cocaine distribution operation. His dreams of a professional basketball career quickly disappeared when he was convicted of crack cocaine distribution by a... 1995
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