Author | Title | Citation | Summary | Year |
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 |
Derk B.K. VanRaalte IV |
PUNITIVE POLICIES: CONSTITUTIONAL HAZARDS OF NON-CONSENSUAL TESTING OF WOMEN FOR PRENATAL DRUG USE |
5 Health Matrix: Journal of Law-Medicine 443 (Summer 1995) |
Charleston , Oct. 5, 1993 - In the first case of its kind in the nation, the Center for Reproductive Law and Policy today urged the federal district court in South Carolina to enjoin a racially discriminatory program that threatens prosecution of pregnant women or women in labor who test positive for cocaine. The $3 million class action lawsuit... |
1995 |
Cheri Hass |
STATE v. GRAY: DE-CRIMINALIZATION OF MATERNAL DRUG ABUSE OR A MOMENTARY REPRIEVE? |
25 University of Toledo Law Review 1013 (1995) |
In State v. Gray, the Ohio Supreme Court considered whether a woman could be prosecuted under Ohio's existing child endangerment statute, Ohio Revised Code section 2919.22(A)(2), for ingesting cocaine during pregnancy. Although section 2919.22(A)(2) does not expressly protect a fetus, the state argued that section 2919.22(A)(2) implicitly extends... |
1995 |
Steven Jonas |
THE DRUG WAR: MYTH, REALITY AND POLITICS |
27 Connecticut Law Review 623 (Winter, 1995) |
Professor Steven Duke has presented an erudite and well-reasoned analysis of many of the defects of the current national policy surrounding the Drug War. The Drug War is ostensibly designed to reduce illegal drug use and thus, among other things, increase compliance with the law. Ironically, as Professor Duke correctly states, the Drug War's... |
1995 |
Gregory A. Loken |
THE IMPORTANCE OF BEING MORE THAN EARNEST: WHY THE CASE FOR DRUG LEGALIZATION REMAINS UNPROVEN |
27 Connecticut Law Review 659 (Winter, 1995) |
LADY BRACKNELL: Ahem! Mr. Worthing, after careful consideration I have decided entirely to overlook my nephew's conduct to you. JACK: That is very generous of you, Lady Bracknell. Part, no doubt, of the appeal of arguments for legalizing recreational drugs is the generous spirit in which they are usually advanced. Some, like Mayor Kurt Schmoke,... |
1995 |
Matthew F. Leitman |
A PROPOSED STANDARD OF EQUAL PROTECTION REVIEW FOR CLASSIFICATIONS WITHIN THE CRIMINAL JUSTICE SYSTEM THAT HAVE A RACIALLY DISPARATE IMPACT: A CASE STUDY OF THE FEDERAL SENTENCING GUIDELINES' CLASSIFICATION BETWEEN CRACK AND POWDER COCAINE |
25 University of Toledo Law Review 215 (1994) |
A. The Disparate Impact of the Federal Sentencing Guidelines' Sentences for Crack Cocaine Distribution As publicity about the evils of crack cocaine grew in the 1980s, law enforcement officers and concerned citizens began calling for tougher criminal sanctions to deal with what they perceived as a crack epidemic. In response to these appeals,... |
1994 |
Randy E. Barnett |
BAD TRIP: DRUG PROHIBITION AND THE WEAKNESS OF PUBLIC POLICY |
103 Yale Law Journal 2593 (June, 1994) |
Popular support for drug prohibitionespecially among those who have given the matter any thoughtis like support for George Bush just after Operation Desert Storm: very broad and very thin. Perhaps some personal experiences of mine will illustrate why. Personal Anecdote Number One: In the early morning hours of February 24, 1979, Michael Salcedo,... |
1994 |
David A. Locke |
COUNTERSPEECH AS AN ALTERNATIVE TO PROHIBITION: PROPOSED FEDERAL REGULATION OF TOBACCO PROMOTION IN AMERICAN MOTORSPORT |
70 Indiana Law Journal 217 (Winter, 1994) |
Whatever it is permitted to do, it must be permitted to advise to do. The question is doubtful only when the instigator derives a personal benefit from his advice; when he makes it his occupation, for subsistence or pecuniary gain, to promote what society and the State consider to be an evil. . . . The case is one of those which lie on the exact... |
1994 |
Joseph D. Grano |
CRIME, DRUGS, AND THE FOURTH AMENDMENT: A REPLY TO PROFESSOR RUDOVSKY |
1994 University of Chicago Legal Forum 297 (1994) |
Professor Rudovsky claims in this Symposium that the war on drugs, initiated by President Reagan, is widely regarded as a political and social failure. The war on drugs is a failure, he maintains, because eleven years and billions of dollars after its declaration, we continue to experience widespread abuse of drugs, high levels of violence, and... |
1994 |
James B. Zagel |
DRUG RHETORIC, COURTS, AND THE LAW: A RESPONSE TO PROFESSOR RUDOVSKY |
1994 University of Chicago Legal Forum 275 (1994) |
Effective expression, the persuasive use of language, rhetoric-all lawyers use it. I certainly did, and I do, and I am about to do it again. A judge has a different perspective on rhetoric because the judge is usually its target or, when a jury sits, its referee. And I write now as though I were the target and the referee of Professor Rudovsky's... |
1994 |
Clarence Lusane |
IN PERPETUAL MOTION: THE CONTINUING SIGNIFICANCE OF RACE AND AMERICA'S DRUG CRISIS |
1994 University of Chicago Legal Forum 83 (1994) |
Race continues to be a significant factor, at every level of society, in shaping the destiny and development of millions of people of color in the United States. It is thus not surprising, indeed, it was expected, that the wars on drugs in the 1980s and early 1990s would impact, perhaps disproportionately, the African-American community. As Michael... |
1994 |
Celeste J. Taylor |
KNOW WHEN TO SAY WHEN: AN EXAMINATION OF THE TAX DEDUCTION FOR ALCOHOL ADVERTISING THAT TARGETS MINORITIES |
12 Law & Inequality: A Journal of Theory and Practice 573 (June, 1994) |
Alcohol use and abuse is pervasive in minority populations. Some commentators describe alcohol as the new liquid crack that flows through the streets of the inner city neighborhoods. The destruction that ensues from excess alcohol consumption hits hardest on the overall health of minority peoples. Per capita, the minority health risk complication... |
1994 |
Frans J. von Kaenel |
MISSOURI UPS THE ANTE IN THE DRUG FORFEITURE "RACE TO THE RES" |
72 Washington University Law Quarterly 1469 (Fall, 1994) |
Forfeiture of property under federal law is big business. To the chagrin of state lawmakers, the principal beneficiaries of the federal forfeiture bounty have been state and local law enforcement agencies. In order to increase their share of the asset forfeiture windfall, many states have enacted forfeiture provisions designed to supplant federal... |
1994 |
John P. Walters |
RACE AND THE WAR ON DRUGS |
1994 University of Chicago Legal Forum 107 (1994) |
Michael Tonry accuses those of us who formed and implemented the anti-drug policies of the Bush Administration of racism. He says that we intentionally crafted government policy so that large numbers of young black males would be arrested, and that we did this for partisan political gain. In order to contrive this calumny, Tonry misrepresents the... |
1994 |
Michael Tonry |
RACE AND THE WAR ON DRUGS |
1994 University of Chicago Legal Forum 25 (1994) |
Take no prisoners, a slogan of wars ruthlessly fought, has as its equivalent in the War on Drugs launched and conducted by the Reagan and Bush administrations, make them all prisoners. American prison and jail populations tripled between 1980 and 1993, primarily due to increased numbers of drug convictions and longer sentences for drug... |
1994 |
Knoll D. Lowney |
SMOKED NOT SNORTED: IS RACISM INHERENT IN OUR CRACK COCAINE LAWS? |
45 Washington University Journal of Urban and Contemporary Law 121 (Winter, 1994) |
There comes a time when we cannot and must not close our eyes when presented with evidence that certain laws, regardless of the purpose for which they were enacted, discriminate unfairly on the basis of race, e.g., that for the murder of a white person in Georgia, a black person is more than twice as likely as a white person to be sentenced to... |
1994 |
David Rudovsky |
THE IMPACT OF THE WAR ON DRUGS ON PROCEDURAL FAIRNESS AND RACIAL EQUALITY |
1994 University of Chicago Legal Forum 237 (1994) |
Twelve years ago, President Reagan declared yet another War on Drugs. Today, after the expenditure of billions of dollars on a policy built primarily on the coercion and punishment of drug distributors and users, the War on Drugs has failed to reduce significantly, much less eliminate, drugs as a problem in our society. There have been scattered... |
1994 |
David B. Ezra |
"GET OFF YOUR BUTTS": THE EMPLOYER'S RIGHT TO REGULATE EMPLOYEE SMOKING |
60 Tennessee Law Review 905 (Summer, 1993) |
Smokers in the workplace are the modern day lepers. In order to smoke, many are exiled into cramped smokers' lounges or pushed outside into the cold by employer policies requiring a smoke-free workplace. For others who smoke, the situation is even more grim because some employers simply refuse to hire smokers. Smokers complain that this treatment... |
1993 |
Stephen E. Hall |
A BALANCING APPROACH TO THE CONSTITUTIONALITY OF DRUG COURIER PROFILES |
1993 University of Illinois Law Review 1007 (1993) |
In an effort to win the War on Drugs, law enforcement agencies are using drug courier profiles to identify and detain persons who display characteristics that law enforcement agents believe are typical of drug traffickers. Using the reasonable suspicion standard, courts have upheld the use of these profiles against Fourth Amendment challenges.... |
1993 |
David S. Weinberg |
DIMEO v. GRIFFIN: ANOTHER RANDOM DRUG TEST OR THE LATEST INFRINGEMENT ON THE FOURTH AMENDMENT RIGHTS OF AMERICAN WORKERS? |
87 Northwestern University Law Review 1087 (Spring, 1993) |
There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the time. But at any rate they could plug in your wire whenever they wanted to. You had to live--did live,... |
1993 |
Patricia A. Sexton |
IMPOSING CRIMINAL SANCTIONS ON PREGNANT DRUG USERS: THROWING THE BABY OUT WITH THE BATH WATER |
32 Washburn Law Journal 410 (Spring, 1993) |
I. Introduction. 410 II. History of Charging Women With Drug Use During Pregnancy. 412 III. History of Fetal Rights. 414 IV. How Drug Abuse Affects the Fetus. 416 V. Legal and Ethical Issues of the Medical Community Concerning Criminal Sanctions. 419 VI. Mandatory Reporting and Discrimination: Inherently Linked. 422 VII. The General Rule: Drug... |
1993 |
David Schultz |
RETHINKING DRUG CRIMINALIZATION POLICIES |
25 Texas Tech Law Review 151 (1993) |
I. Introduction II. Justifying Criminalization III. Drug Usage and Enforcement in America IV. Social Costs of Drug Criminalization V. Alternative Policy Prescriptions VI. Conclusion In the first 1992 presidential debate among George Bush, Bill Clinton, and Ross Perot, a reporter asked the candidates about alternative strategies to address the drug... |
1993 |
Chris Braeske |
THE DRUG WAR COMES TO A HIGHWAY NEAR YOU: POLICE POWER TO EFFECTUATE HIGHWAY "NARCOTICS CHECKPOINTS" UNDER THE FEDERAL AND STATE CONSTITUTIONS |
11 Law & Inequality: A Journal of Theory and Practice 449 (June, 1993) |
On the night of July 30, 1992, law enforcement authorities set up a narcotics checkpoint on Interstate 35W south of Minneapolis, Minnesota, randomly stopping 650 cars. This checkpoint led to drug charges against seven people for possessing small amounts of marijuana. While Minnesota authorities have previously used this tactic to facilitate... |
1993 |
Randall H. Stoner , Member of the Class of 1992 |
200 MPH CIGARETTE ADS: A COMPARISON OF INTERNATIONAL RESTRICTIONS ON TOBACCO SPORTS SPONSORSHIP |
15 Hastings International and Comparative Law Review 639 (Summer, 1992) |
Gentlemen start your engines! These famous words traditionally start the Indianapolis 500. They also ring out at race tracks across the world to signal the start of other races. Almost every weekend from February to November, races put on by the major motorsports sanctioning bodiesFISA (Federation Internationale du Sport Automobile), NASCAR... |
1992 |
Sandra Anderson Garcia, Ph.D., J.D. |
DRUG ADDICTION AND MOTHER/CHILD WELFARE |
13 Journal of Legal Medicine 129 (June, 1992) |
The convergence of several events over the past 10 years has resulted in heightened awareness of the harmful effects of drugs and drug addiction on developing fetuses. Many persons learned about the cocaine baby problem from the widely cited and disputed survey done in 1988 that concluded that if hospitals drug tested every baby they delivered,... |
1992 |
Douglas L. Stanley |
EMPLOYEE DRUG TESTING |
61-JAN Journal of the Kansas Bar Association 19 (January, 1992) |
In the last five years, few societal problems have received more publicity or discussion than the war on drugs. This war has seen an increasing number of employers testing applicants and employees for drug use. A recent nationwide survey conducted by the American Management Society found that 63 percent of the companies surveyed now engaged in... |
1992 |
Michael D. Weiss |
THE POOR TAX REVISITED: THE EFFECTS OF SHIFTING THE BURDEN OF INVESTIGATING DRUG CRIMES TO LENDERS |
70 Texas Law Review 717 (February, 1992) |
Under the new forfeiture guidelines promulgated pursuant to section 881 of the Controlled Substances Act, a bank that lends money to a drug dealer is at risk of forfeiting the pledged collateral unless it attempted to determine beforehand whether the individual was a drug dealer. If the bank's security interest is to be valid, the bank must meet... |
1992 |
Kathryn A. Kelly |
THE TARGET MARKETING OF ALCOHOL AND TOBACCO BILLBOARDS TO MINORITY COMMUNITIES |
5 University of Florida Journal of Law and Public Policy 33 (Fall, 1992) |
Drive through Black or Hispanic neighborhoods in most cities and you're likely to see big billboards right next to homes and churches and across the street from schools and parks - most of them advertising cigarettes and booze. Carl Rowan Syndicated Columnist I. INTRODUCTION. 34 II. COMMERCIAL SPEECH. 35 A. Commercial Speech Within First Amendment... |
1992 |
Diane-Michele Krasnow |
TO STOP THE SCOURGE: THE SUPREME COURT'S APPROACH TO THE WAR ON DRUGS |
19 American Journal of Criminal Law 219 (Winter, 1992) |
I. Introduction. 220 II. The War on Drugs. 222 III. The Fourth Amendment. 225 A. Judicial Review of Police Practices. 227 1. The Post-Terry Standard. 227 2. Drug Courier Profiles. 229 a. Profile background. 229 b. Supreme Court treatment. 231 c. Analysis. 234 3. Sobriety Checkpoints. 234 a. Highway checkpoints: Background. 235 b. Battling drunk... |
1992 |
Laura A. Lundquist |
WEIGHING THE FACTORS OF DRUG TESTING FOR FOURTH AMENDMENT BALANCING |
60 George Washington Law Review 1151 (June, 1992) |
In 1989 the United States Supreme Court upheld mandatory drug testing programs for the first time in Skinner v. Railway Labor Executives' Ass'n and National Treasury Employees Union v. Von Raab. These two seminal cases established a balancing test for determining whether a drug testing program is reasonable under the Fourth Amendment. This... |
1992 |
Dwight L. Greene |
ABUSIVE PROSECUTORS: GENDER, RACE & CLASS DISCRETION AND THE PROSECUTION OF DRUG-ADDICTED MOTHERS |
39 Buffalo Law Review 737 (Fall, 1991) |
It came as a shock . . . and then I was pretty angry. Addiction is a medical problem. You wouldn't put a heart patient in jail for having a heart attack. And you wouldn't prosecute an epileptic for having a seizure. . . . It's been a nightmare! . . . My baby was taken away from his mother for the first ten months of his life; there was no bonding... |
1991 |