AuthorTitleCitationSummaryYear
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
Julie Petrow ADDICTED MOTHERS, DRUG-EXPOSED BABIES: THE UNPRECEDENTED PROSECUTION OF MOTHERS UNDER DRUG-TRAFFICKING STATUTES 36 New York Law School Law Review 573 (1991) It is estimated by the National Association of Perinatal Addiction Research and Education (NAPARE) that eleven percent of women use drugs during pregnancy, resulting in 375,000 births of drug-exposed infants annually. As frightening as these statistics are, the individual accounts of the pervasive problem of pregnant drug abusers are even more... 1991
Kenneth R. Hillier BEYOND THE WAR ON DRUGS: OVERCOMING A FAILED PUBLIC POLICY. BY STEVEN WISOTSKY. BUFFALO: PROMETHEUS BOOKS. 1990. PP. XLII, 279. $16.95 89 Michigan Law Review 1809 (May, 1991) We need, fully and completely, to marshal the nation's energy and intelligence in a true all-out war against drugs. We can and must win that war. -President-elect George Bush In Beyond the War on Drugs, Steven Wisotsky attempts to overcome the popular conception that illegal drugs represent a menace to society against which the nation must wage... 1991
Jodi Sax DRUG COURIER PROFILES, AIRPORT STOPS AND THE INHERENT UNREASONABLENESS OF THE REASONABLE SUSPICION STANDARD AFTER UNITED STATES v. SOKOLOW 25 Loyola of Los Angeles Law Review 321 (November, 1991) In United States v. Sokolow, the United States Supreme Court concluded that a drug enforcement agent may stop a suspect based on a standard of reasonable suspicion if, considering a totality of the circumstances, the agent believes the suspect to be engaged in illegal drug related activity. In so holding, the Court sanctioned the use of a drug... 1991
John A. Powell , Eileen B. Hershenov HOSTAGE TO THE DRUG WAR: THE NATIONAL PURSE, THE CONSTITUTION AND THE BLACK COMMUNITY 24 U.C. Davis Law Review 557 (Spring, 1991) In 1982, former President Ronald Reagan declared war on drugs. Six years later, in response to polls showing that Americans considered drug use the number one domestic problem, his successor, George Bush, vowed to wage the war with renewed vigor. Over the course of the past eight years and in apparent belief that where there's war there must be... 1991
Dorothy E. Roberts PUNISHING DRUG ADDICTS WHO HAVE BABIES: WOMEN OF COLOR, EQUALITY, AND THE RIGHT OF PRIVACY 104 Harvard Law Review 1419 (May, 1991) Women increasingly face criminal charges for giving birth to infants who test positive for drugs. Most of the women prosecuted are poor, Black, and addicted to crack cocaine. In this Article, Professor Roberts seeks to add the perspective of poor Black women to the current debate over protecting fetal rights at the expense of women's rights. Based... 1991
Frank J. Vandall REALLOCATING THE COSTS OF SMOKING: THE APPLICATION OF ABSOLUTE LIABILITY TO CIGARETTE MANUFACTURERS 52 Ohio State Law Journal 405 (1991) Cigarette-induced death and illness is one of the most important and costly health problems facing society. Each year smoking kills 350,000 persons. This yearly death toll exceeds the total number of Americans killed in World War I, the Korean War, and Vietnam. In comparison to other critical health problems, AIDS has killed a total of 60,000 and... 1991
Li-Hsien Rin-laures , Diane Janofsky RECENT DEVELOPMENTS CONCERNING THE ORPHAN DRUG ACT 4 Harvard Journal of Law & Technology 269 (Spring, 1991) Many citizens of the United States grapple with illness every day. Some illnesses, like asthma, have a relatively high patient population. Other illnesses, like Tourettee's Syndrome, a neurological disorder, are rare. Pharmaceutical companies invest substantial amounts into the research and development of treatments for the more prevalent diseases... 1991
Sidney J. Spaeth THE TWENTY-FIRST AMENDMENT AND STATE CONTROL OVER INTOXICATING LIQUOR: ACCOMMODATING THE FEDERAL INTEREST 79 California Law Review 161 (January, 1991) In recent years, the Supreme Court has begun diluting the twenty-first amendment. The twenty-first amendment implemented the hard-fought lesson of liquor's tumultuous past in this country: liquor control has to be local to be effective. Although the Court has been abandoning its earlier deference to state liquor statutes, it has continued to speak... 1991
Deborah A. Wainey THE USE OF JUVENILE COURT JURISDICTION AND RESTRAINING AUTHORITY TO ADDRESS THE PROBLEM OF MATERNAL DRUG ABUSE IN OHIO 17 Ohio Northern University Law Review 611 (1991) Fetal rights have increasingly been the focus of legal scrutiny in the past several years. Fetal protection policies are one example of attempts to protect unborn children. Although fetal protection policies have caused a stir in the employment arena, fetal rights may well prove to be an even bigger issue in the context of maternal drug abuse. The... 1991
Joseph L. Galiber A BILL TO REPEAL CRIMINAL DRUG LAWS: REPLACING PROHIBITION WITH REGULATION 18 Hofstra Law Review 831 (Spring, 1990) Conventional wisdom obliges elected officials to beat the narcodrums loudly and incessantly, and to demand increasingly harsh criminal penalties for the sale and use of illegal drugs. It is reasonable to wonder why I, a senator, would dare submit a bill to the New York State Legislature which would regulate all drugs currently proscribed as illegal... 1990
Mark A. Conrad BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK v. FOX -- THE DAWN OF A NEW AGE OF COMMERCIAL SPEECH REGULATION OF TOBACCO AND ALCOHOL 9 Cardozo Arts and Entertainment Law Journal 61 (1990) Four decades ago, the late Supreme Court Justice Hugo Black observed that a door-to-door seller of pots or other gadgets has no constitutional right to hawk his wares. Justice Black's dicta, reflecting a prevailing legal truism even to this first amendment absolutist, echoed a long-standing belief that commercial speech was not protected under the... 1990
Marie-Andree Bertrand CREATION OF AN INTERNATIONAL ANTI-PROHIBITIONIST LEAGUE IN THE FIELD OF DRUGS 18 Hofstra Law Review 881 (Spring, 1990) On March 31, 1989, forty-five legal experts, sociologists, psychiatrists, criminologists, magistrates and journalists, from fifteen different countries and three continents, gathered in Rome and founded the International Anti-prohibitionist League (IAL). The IAL's objective, as its name indicates, is to work toward the repeal of criminal laws... 1990
Kerrie S. Covell , Annette Gibbs DRUG TESTING AND THE COLLEGE ATHLETE 23 Creighton Law Review 1 (1989/1990) Drugs have become a destructive force in the lives of countless Americans. The 1980's was an era of intense struggle with the drug abuse issue. Instigated at least in part by the Reagan administration's campaign against drug use, the war against drugs has been fought by parents, legislators, judges, and employers. Indeed, the Bush administration... 1990
Dwight L. Greene FOREWORD 18 Hofstra Law Review 457 (Spring, 1990) Coke is just a way for me to make some money and do some of the things I would otherwise not have the chance of doing . [S]elling coke is just like any other business-you gotta work hard, stay on your toes, protect what's yours, and not f_ up with silly matters. In America you gotta have money . because that's what people respect.' Masterrap, a... 1990
Gregory A. Loken , James Kennedy, M.D. LEGAL COCAINE AND KIDS: THE VERY BITTERNESS OF SHAME 18 Hofstra Law Review 567 (Spring, 1990) I have prayed with drops of agony on my Brow, trembling not only before the Justice of my Maker, but even before the Mercy of my Redeemer. I gave thee so many Talents. What hast thou done with them? [N]ot only to friends have I stated the whole Case with tears & the very bitterness of shame; but in two instances I have warned young men, mere... 1990
Michael Z. Letwin REPORT FROM THE FRONT LINE: THE BENNETT PLAN, STREET-LEVEL DRUG ENFORCEMENT IN NEW YORK CITY AND THE LEGALIZATION DEBATE 18 Hofstra Law Review 795 (Spring, 1990) In September, 1989, the Bush administration presented its National Drug Control Strategy-popularly known as the Bennett Plan.' The Plan vociferously rejected drug legalization and, like every other federal drug war program since the Nixon administration, devoted seventy percent of the Plan's proposed resources to law enforcement, including... 1990
Martha A. Myers SYMBOLIC POLICY AND THE SENTENCING OF DRUG OFFENDERS 23 Law and Society Review 295 (1989) This paper examines the sentencing behavior of judges in a context characterized by significant legislative and social change. Data from Georgia are used to explore the ways in which judges accommodated their sentencing practices to a general crusade against drug use and to specific legislation that identified trafficking as criminal, set harsh... 1989
James Felman , Christopher J. Petrini DRUG TESTING AND PUBLIC EMPLOYMENT: TOWARD A RATIONAL APPLICATION OF THE FOURTH AMENDMENT 51-WTR Law and Contemporary Problems 253 (Winter, 1988) C1-3TABLE OF CONTENTS I. Introduction. 254 II. The Lines of Battle: Drug Use and Drug Testing in the Public Workplace. 256 A. The Nature and Scope of the American Drug Problem. 256 1. How Many Drug Users Are There?. 256 2. At What Cost?. 257 B. The Employers' Response: The Use and Variety of Drug Testing. 259 1. The Increased Implementation of Drug... 1988
Michael R. O'Donnell EMPLOYEE DRUG TESTING-BALANCING THE INTERESTS IN THE WORKPLACE: A REASONABLE SUSPICION STANDARD 74 Virginia Law Review 969 (August, 1988) In the 1980s, courts, legislatures, and scholars have struggled with the issue of employee drug testing. Although drug abuse should not be tolerated in the workplace, there must be some limit to testing and the invasion of privacy testing entails. In 1987, seven states enacted drug-testing laws. Nine federal judicial circuits have decided employee... 1988
Larry Kraft SMOKING IN PUBLIC PLACES: LIVING WITH A DYING CUSTOM 64 North Dakota Law Review 329 (1988) Smoking harms smokers. That fact is universally accepted and was established at least a century ago. Within the last two years the Surgeon General reported as fact that smoking also harms nonsmokers. That report, supported by over 300 pages of scientific evidence, is the impetus for what could be a massive wave of nonsmokers' rights cases. The... 1988
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