| Author | Title | Citation | Summary | Year |
| Leo Beletsky |
AMERICA'S FAVORITE ANTIDOTE: DRUG-INDUCED HOMICIDE IN THE AGE OF THE OVERDOSE CRISIS |
2019 Utah Law Review 833 (2019) |
Nearing the end of its second decade, the overdose crisis in the United States continues to claim tens of thousands of lives. Despite the rhetorical emphasis on a public health approach, criminal law and its enforcement continue to play a central role among policy responses to this crisis. A legacy of the 1980s War on Drugs, statutory provisions... |
2019 |
| Sam Kamin |
COLORADO MARIJUANA REGULATION FIVE YEARS LATER: HAVE WE LEARNED ANYTHING AT ALL? |
96 Denver Law Review 221 (Winter, 2019) |
This Article is based on the 2018 University Lecture of the same name that I presented at the University of Denver on April 24, 2018. January 1, 2019 marks five years of taxed and regulated adult-use marijuana in Colorado. In this Article, I address much of the misinformation and hyperbole that has been disseminated regarding this... |
2019 |
| Seth J. Prins, Columbia University |
CRIMINOGENIC OR CRIMINALIZED? TESTING AN ASSUMPTION FOR EXPANDING CRIMINOGENIC RISK ASSESSMENT |
43 Law and Human Behavior 477 (October, 2019) |
Objectives: Proponents of criminogenic risk assessment have called for its widespread expansion throughout the criminal justice system. Its success in predicting recidivism is taken as evidence that criminogenic risks tap into the causes of criminal behavior, and that targeting these factors can reduce correctional supervision rates and even... |
2019 |
| Craig J. Konnoth |
DRUGS' OTHER SIDE-EFFECTS |
105 Iowa Law Review 171 (November, 2019) |
Drugs often induce unintended, adverse physiological reactions in those that take them--what we commonly refer to as side-effects. However, drugs can produce other, broader, unintended, even non-physiological harms. For example, some argue that taking Truvada, a drug that prevents HIV transmission, increases promiscuity and decreases... |
2019 |
| Emily Ponder Williams |
FAIR HOUSING'S DRUG PROBLEM: COMBATTING THE RACIALIZED IMPACT OF DRUG-BASED HOUSING EXCLUSIONS ALONGSIDE DRUG LAW REFORM |
54 Harvard Civil Rights-Civil Liberties Law Review 769 (Summer, 2019) |
Five years after her release from incarceration and a decade after her last and only conviction for the sale of a controlled substance, Veronica Martinez was deemed too dangerous for admission as a New York City Housing Authority tenant. Martinez was considered dangerous, despite her showing that the conviction arose from a coercive, abusive... |
2019 |
| Olivia Li |
FROM HOUSING TO HEALTH: IMAGINING ANTIDISCRIMINATION PROVISIONS FOR MENTHOL CIGARETTE MARKETING |
9 Columbia Journal of Race and Law 369 (2019) |
Smoking has been decreasing steadily over the past several decades, but advertisers still target some populations for cigarette consumption. Currently, almost nine out of ten African American smokers smoke mentholated cigarettes compared to only one in four White Americans. This disparity in use came about through decades of targeted marketing... |
2019 |
| Jelani Jefferson Exum |
FROM WARFARE TO WELFARE: RECONCEPTUALIZING DRUG SENTENCING DURING THE OPIOID CRISIS |
67 University of Kansas Law Review 941 (June, 2019) |
The War on Drugs officially began in 1971 when President Nixon decried drug abuse as public enemy number one. The goal of the war rhetoric was clear--to cast drug abuse and the drug offender as dangerous adversaries of the law-abiding public, requiring military-like tactics to defeat. Criminal sentencing would come to be the main weapon used in... |
2019 |
| Ilya Shapiro, Matthew Larosiere |
HIGH ON FEDERALISM: MARIJUANA'S CHALLENGE TO FEDERAL-STATE RELATIONS |
11 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 341 (2018-2019) |
Our discussion of federalism as it relates to the ever-so-tumultuous marijuana issue is rooted in the Commerce Clause and an understanding of Gonzales v. Raich, the 2005 case in which the Supreme Court ruled that the federal government can indeed regulate the plants you grow in your own backyard for your own individual use. This decision came... |
2019 |
| Josh Bowers , Daniel Abrahamson |
KICKING THE HABIT: THE OPIOID CRISIS, AMERICA'S ADDICTION TO PUNITIVE PROHIBITION, AND THE PROMISE OF FREE HEROIN |
80 Ohio State Law Journal 787 (2019) |
There is no single cause of America's opioid crisis. But unethical physicians and unscrupulous prescription practices undoubtedly have contributed. The federal government has responded predictably: criminally prosecuting doctors who prescribe opioids to the drug dependent. The approach may seem sensible, but it as wrongheaded as our century-old... |
2019 |
| Lewis A. Grossman |
LIFE, LIBERTY, [AND THE PURSUIT OF HAPPINESS]: MEDICAL MARIJUANA REGULATION IN HISTORICAL CONTEXT |
74 Food & Drug Law Journal 280 (2019) |
It was 7:45 p.m. on Election Day, 1996. The thousands of people assembled in and around the Cannabis Buyers Club (CBC) on San Francisco's Market Street were eager for the polls to close in fifteen minutes so they could start smoking weed. The crowd had gathered for a victory party celebrating the expected passage of California Proposition 215, the... |
2019 |
| Michael Vitiello |
MARIJUANA LEGALIZATION, RACIAL DISPARITY, AND THE HOPE FOR REFORM |
23 Lewis & Clark Law Review 789 (2019) |
The criminalization of marijuana is rooted in a deeply racist history and has devastated minority communities. Studies show that usage of the drug is consistent across racial groups, but arrests of minorities are nevertheless higher than arrests of white offenders. Indeed, those kinds of disparities have persuaded some voters and policy makers to... |
2019 |
| Zachary Ford |
REEFER MADNESS: THE CONSTITUTIONAL CONSEQUENCE OF THE FEDERAL GOVERNMENT'S INCONSISTENT MARIJUANA POLICY |
6 Texas A&M Law Review 671 (Spring, 2019) |
In the past twenty years, the United States has witnessed over half of its states create marijuana laws that expressly contradict the federal government's complete ban of the drug. Nine states have completely legalized marijuana for recreational use in the past five years alone. Meanwhile, much of the country remains staunchly opposed to... |
2019 |
| Marylyn Harrell |
SERVING TIME FOR FALLING IN LOVE: HOW THE WAR ON DRUGS OPERATES TO THE DETRIMENT OF WOMEN OF CIRCUMSTANCE IN POOR URBAN COMMUNITIES OF COLOR |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 139 (Fall, 2019) |
C1-3Table of Contents I. Introduction. 140 II. What is a Woman of Circumstance?. 142 A. Background on the War on Drugs. 142 B. The Woman of Circumstance. 143 III. Conspiracy Laws and Mandatory Minimum Sentencing: The Dastardly Duo Keeping Women of Circumstance Behind Bars. 145 A. Conspiracy Laws. 145 B. Mandatory Minimums. 147 C. How Can a Woman... |
2019 |
| Braden H. Boucek |
THAT'S WHY I HANG MY HAT IN TENNESSEE: ALCOHOL AND THE COMMERCE CLAUSE |
2019 Cato Supreme Court Review 119 (2018-2019) |
The Congress shall have the Power . [t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. Art. I, ยง 8 (a.k.a. the Commerce Clause) The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxication liquors, in violation of the... |
2019 |
| Christine Minhee , Steve Calandrillo |
THE CURE FOR AMERICA'S OPIOID CRISIS? END THE WAR ON DRUGS |
42 Harvard Journal of Law & Public Policy 547 (Spring, 2019) |
The War on Drugs. What began as a battle waged on morals has created multiple public health crises, and no recent phenomenon illustrates this in more macabre detail than America's opioid disaster. 2017 alone amassed a higher death toll than the totality of American military casualties in the Vietnam, Iraq, and Afghanistan wars combined. With this... |
2019 |
| Ty McCoy |
THE NEED FOR HIGHER PUNISHMENT: LOCK UP THE REAL DRUG DEALERS |
54 Gonzaga Law Review 47 (2018/2019) |
C1-2Table of Contents I. Introduction. 48 II. Criminals Are Criminals, But Their Punishments Are Not Always Fair And Equal. 51 A. Black Market Economics. 54 1. Prohibition of Drugs Is Not the Cure to the Opioid Problem. 55 2. Societal Stigma Has Aided and Abetted the Opioid Epidemic. 56 B. The Vicious Cycle of Aggressive Marketing. 57 1. Ohio Is in... |
2019 |
| Katherine Kuhl |
THE WAR ON AFFORDABLE HOUSING?: HOW ANTI-DRUG POLICIES PUT FAMILIES IN FEDERALLY SUBSIDIZED HOUSING AT RISK OF EVICTION, AND METHODS FOR MITIGATING THESE COLLATERAL CONSEQUENCES |
25 Cardozo Journal of Equal Rights & Social Justice 521 (Spring, 2019) |
L1-2Table of Contents II. Legal Implications of Drug-Related Activity in Federally Funded Housing. 528 III. Additional Factors Influencing the Intersection of Drug Criminalization and Housing Policy. 536 IV. Proposal. 541 V. Conclusion. 548 |
2019 |
| Brittany Burnham |
THE WAR ON DRUGS: HOW AMERICA AND PHILIPPINES ARE FIGHTING THE WAR IN DIFFERENT WAYS YET BOTH ARE LOSING |
42 Suffolk Transnational Law Review 327 (Summer, 2019) |
The global drug crisis has spiraled out of control in countries for years, requiring every country to initiate their own responses to the problem. The United States waged an official War on Drugs within its own borders in the 1970s. Since then, the United States fights this war by overutilizing its judicial and legislative systems, and imposing... |
2019 |
| Alejandro Madrazo , Antonio Barreto |
UNDERMINING CONSTITUTIONALISM IN THE NAME OF POLICY: THE CONSTITUTIONAL COSTS OF THE WAR ON DRUGS |
21 NYU Journal of Legislation and Public Policy 671 (2018-2019) |
Public policies are supposed to be transitory measures meant to face and solve public problems. Constitutional design, by contrast, involves permanent decisions adopted to rule the inner workings of the polity and its government. Although policy is most often imagined as transitory and constitutional law as permanent, some policy decisions... |
2019 |
| Brian G. Gilmore |
WASHINGTON, D.C.'S HEROIN EPIDEMIC OF THE 1970S AND TODAY'S OPIOID CRISIS: A COMPARATIVE HISTORY OF GOVERNMENT POLICY RESPONSES |
70 South Carolina Law Review 669 (Spring, 2019) |
do you dig ray charles when the blues are silent in his throat & he rolls up his sleeves - Sam Cornish I. Introduction. 670 II. King Heroin. 672 A. Origins. 672 B. Heroin and Criminalization. 674 III. The District of Columbia and Heroin. 682 A. Heroin in the Nation's Capital. 682 B. The D.C. Epidemic and Government Action. 685 C. Robert DuPont and... |
2019 |
| Gregory S. Parks , Sabrina Parisi |
WHITE BOY WASTED: RACE, SEX, AND ALCOHOL USE IN FRATERNITY HAZING |
34 Wisconsin Journal of Law, Gender & Society 1 (Spring, 2019) |
In the past few years, alcohol-related hazing deaths within white fraternities have received considerable attention. These deaths beg the question: what would it take to curtail such behavior and the harm that flows from it? A reasonable answer might be to impose stricter laws. However, if the goal of law is to regulate behavior by threatening... |
2019 |
| Alexis Holmes |
ZONING, RACE, AND MARIJUANA: THE UNINTENDED CONSEQUENCES OF PROPOSITION 64 |
23 Lewis & Clark Law Review 939 (2019) |
This Article revisits the campaign to legalize cannabis in California with Proposition 64. It then dissects the localism within the new California regulations and how it conflicts with the social justice goals central to the spirit of Proposition 64's passage. With local governments retaining control over marijuana in their jurisdictions, land use... |
2019 |
| Mina Dixon Davis |
"BAD MOMS" AND POWERFUL PROSECUTORS: WHY A PUBLIC HEALTH APPROACH TO MATERNAL DRUG USE IS NECESSARY TO LESSEN THE HARDSHIP BORNE BY WOMEN IN THE SOUTH |
25 Georgetown Journal on Poverty Law and Policy 305 (Winter, 2018) |
I. Introduction. 306 II. U.S. Drug Crises and the Problem of Maternal Substance Use: A Shift to the South. 307 A. Opioid Overdose and Neonatal Abstinence Syndrome Rates are Rising Rapidly in the South and Rural Regions. 308 B. Findings from the Abuse of Crack Cocaine in the 1980s Present Lessons for Today's Crisis. 310 III. Legal Approaches to... |
2018 |
| Michelle H. Walton |
BOOK REVIEW: MARIJUANA LAW, POLICY, AND AUTHORITY BY ROBERT A. MIKOS, PROFESSOR OF LAW, VANDERBILT UNIVERSITY LAW SCHOOL |
11 Albany Government Law Review 82 (2017-2018) |
In March 2017, United States Attorney General Jeff Sessions made his stance on the prohibition of marijuana clear: I reject the idea that America will be a better place if marijuana is sold in every corner store. And I am astonished to hear people suggest that we can solve our heroin crisis by legalizing marijuana--so people can trade one... |
2018 |
| Scott W. Howe |
CONSTITUTIONAL CLAUSE AGGREGATION AND THE MARIJUANA CRIMES |
75 Washington and Lee Law Review 779 (Spring, 2018) |
An important question for our time concerns whether the Constitution could establish a right to engage in certain marijuana-related activities. Several states have now legalized cannabis, within strict limits, for recreational purposes, and that number will grow. Yet, some states will not promptly legalize but, instead, continue to criminalize, or... |
2018 |
| Michael Tackeff |
CONSTRUCTING A "CREATIVE READING": WILL US STATE CANNABIS LEGISLATION THREATEN THE FATE OF THE INTERNATIONAL DRUG CONTROL TREATIES? |
51 Vanderbilt Journal of Transnational Law 247 (January, 2018) |
While marijuana remains illegal at the federal level in the United States, state-level efforts to legalize cannabis have gained enormous momentum in recent years. The federal government, which possesses only limited power to stop this trend, has responded by grudgingly allowing such efforts to proceed, maintaining that its inaction on the issue... |
2018 |
| Mona Lynch , Marisa Omori |
CRACK AS PROXY: AGGRESSIVE FEDERAL DRUG PROSECUTIONS AND THE PRODUCTION OF BLACK--WHITE RACIAL INEQUALITY |
52 Law and Society Review 773 (September, 2018) |
In this article, we empirically examine jurisdictional variations in federal crack prosecutions to measure whether aggressive crack prosecutorial practices are associated with racial inequality in federal caseload characteristics and outcomes. Building on theories that address the production of inequality in institutional settings, we hypothesize... |
2018 |
| Zachary E. Shapiro , Elizabeth Curran, Rachel C. K. Hutchinson |
CYCLES OF FAILURE: THE WAR ON FAMILY, THE WAR ON DRUGS, AND THE WAR ON SCHOOLS THROUGH HBO'S THE WIRE |
25 Washington and Lee Journal of Civil Rights and Social Justice 183 (Fall, 2018) |
C1-2Table of Contents Part One: The War on Families. 186 I. The War on Families. 186 A. Introduction. 186 B. The Function, Form, and Erosion of the Familial Institution. 187 II. Families As a Lynchpin in the Cycle of Harm in The Wire. 190 A. Michael's Story: The Failure of the Family. 191 B. The Barksdales. 193 C. Namond Brice. 194 III. Public... |
2018 |
| Leo Beletsky |
DEPLOYING PRESCRIPTION DRUG MONITORING TO ADDRESS THE OVERDOSE CRISIS: IDEOLOGY MEETS REALITY |
15 Indiana Health Law Review 139 (2018) |
The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding. Olmstead v. United States, 277 U.S. 438, 479 (1928) (Brandeis, J., dissenting). The United States is in the midst of a historic drug overdose crisis. Each day, well over 100 Americans die of drug overdose, driven increasingly by... |
2018 |
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DRUG POLICY--MARIJUANA JUSTICE ACT OF 2017-- SENATOR CORY BOOKER INTRODUCES ACT TO REPAIR THE HARMS EXACTED BY MARIJUANA PROHIBITION.--MARIJUANA JUSTICE ACT OF 2017, S. 1689, 115TH CONG |
131 Harvard Law Review 926 (January, 2018) |
Marijuana's prohibition and gradual legalization in the United States has had a significant economic impact on those left in its wake. On one hand, the punitive approach to marijuana use taken by local and state law enforcement agencies has had pernicious economic consequences for low-income and minority individuals and communities. On the other,... |
2018 |