| Author | Title | Citation | Summary | Year |
| Allyson Sam Sung |
DRUG USE AND PUNISHMENT: A PUBLIC HEALTH CRISIS AMERICA CAN NO LONGER IGNORE |
17 Seattle Journal for Social Justice 129 (Summer, 2018) |
Over 63,000 people died from a drug overdose in 2016. Specifically, 42,249 people lost their lives to an opioid overdose. More people died of opioid overdose in 2016 than the 41,070 that died from breast cancer. From the lived experiences of losing a loved one, to news headlines, and heart-wrenching posts shared across social media platforms, most... |
2018 |
| Dana Roth |
GENDER BIAS IN CLINICAL DRUG TRIALS |
33 Wisconsin Journal of Law, Gender & Society 83 (Spring, 2018) |
C1-2Table of Contents I. Introduction. 84 II. Clinical drug trials and women--The Science Problem. 87 A. Male and Female Bodies Inherently React to Drugs Differently. 87 B. Despite These Differences, There is a Long History of Not Including Women in Clinical Trials. 88 C. There Are Economic and Practical Incentives for Under-Inclusion of Women in... |
2018 |
| Ira P. Robbins |
GUNS N' GANJA: HOW FEDERALISM CRIMINALIZES THE LAWFUL USE OF MARIJUANA |
51 U.C. Davis Law Review 1783 (June, 2018) |
Federalism is a vital tenet of our Republic. Although federal law is the supreme law of the land, our Constitution recognizes the integral role that state law plays in the national scheme. Like any pharmaceutical drug that withstands rounds of clinical testing, state law functions as a laboratory in which Congress can evaluate and potentially adopt... |
2018 |
| |
LEVERAGING MARIJUANA REFORM TO ENHANCE EXPUNGEMENT PRACTICES |
Federal Sentencing Reporter (April 1, 2018 - June 1, 2018) |
State legislators and the general public are expressing evergreater concerns about the myriad costs of the war on drugs and the punitive treatment of less serious criminal offenders. These concerns have led officials and voters in nearly every state to embrace new laws and practices intended to reduce incarceration levels and to ameliorate the... |
2018 |
| Wadie E. Said |
LIMITLESS DISCRETION IN THE WARS ON DRUGS AND TERROR |
89 University of Colorado Law Review 93 (Winter, 2018) |
The wars on terror and drugs have been defined, largely, by what they lack: a readily identifiable opponent, a clear end goal, a timeline, and geographical boundaries. Based on that understanding, this Article discusses the increasingly expansive discretion of American authorities to prosecute individuals where the wars on terror and drugs... |
2018 |
| Amol N. Sinha |
MARIJUANA LEGALIZATION AND CIVIL RIGHTS |
314-OCT New Jersey Lawyer, the Magazine 86 (October, 2018) |
As the New Jersey Legislature contemplates legislation that would legalize, tax, and regulate cannabis for adult use, it must grapple with the fact that in addition to creating a new industry with important legal and business implications, it is dealing with a defining civil rights issue of the times: enforcement of evidently unjust marijuana... |
2018 |
| Joseph E. Kennedy , Isaac Unah , Kasi Wahlers |
SHARKS AND MINNOWS IN THE WAR ON DRUGS: A STUDY OF QUANTITY, RACE AND DRUG TYPE IN DRUG ARRESTS |
52 U.C. Davis Law Review 729 (December, 2018) |
Conventional wisdom has it that in the war on drugs you have to catch small fish in order to catch big fish. But what if the vast majority of drug arrests were for very small fish, and disproportionately brown ones at that? This Article is the first to conclusively establish that the war on drugs is being waged primarily against those possessing or... |
2018 |
| Sophia House |
TAILORING REGIMES FOR A DESIGNER DRUG: DEVELOPING CIVIL LIABILITY FOR RETAILERS OF SYNTHETIC MARIJUANA |
127 Yale Law Journal 764 (January, 2018) |
Over the past two years, homeless shelters in cities across America found themselves in crisis as residents have overdosed, sometimes en masse, on a drug known as synthetic marijuana. The drug's effects are devastating, discriminating, and bizarre--sending users to the emergency room for seizures, heart attacks, and kidney failure; showing... |
2018 |
| Tamar Todd |
THE BENEFITS OF MARIJUANA LEGALIZATION AND REGULATION |
23 Berkeley Journal of Criminal Law 99 (Spring, 2018) |
There is increasing support for marijuana law reform than ever before, and the legalization of marijuana has many serious public policy implications. This paper highlights the problems with criminalizing marijuana use and its disparate impact on people of color. The criminalization of marijuana has also failed to meet its goals and has negative... |
2018 |
| Joseph J. Sabia, Thanh Tam Nguyen, San Diego State University, University of New Hampshire |
THE EFFECT OF MEDICAL MARIJUANA LAWS ON LABOR MARKET OUTCOMES |
61 Journal of Law & Economics 361 (August, 2018) |
This study is the first to estimate the impact of state medical marijuana laws (MMLs) on labor market outcomes. First, using data from the National Survey of Drug Use and Health, we document that MMLs are associated with an increase in marijuana consumption among younger and older adult males, consistent with increases in use for both recreational... |
2018 |
| Tiffany R. Simmons, J.D. |
THE EFFECTS OF THE WAR ON DRUGS ON BLACK WOMEN: FROM EARLY LEGISLATION TO INCARCERATION |
26 American University Journal of Gender, Social Policy and the Law 719 (2018) |
I. Introduction. 719 II. Early Legislation of the War on Drugs. 722 III. Federal Sentencing Regulations and the Shift of Power from Judges to Prosecutors. 724 IV. Prosecutorial Discretion and Its Disproportionate Impact on Black Women. 726 V. The Executive Branch's Impact on the War on Drugs and Sentencing Disparities (1991 to 2017). 733 VI. The... |
2018 |
| James Cooper |
THE UNITED STATES, MEXICO, AND THE WAR ON DRUGS IN THE TRUMP ADMINISTRATION |
25 Willamette Journal of International Law and Dispute Resolution 234 (2018) |
I. INTRODUCTION. 235 II. THE UNITED STATES-MEXICO BORDER: A CONTESTED SITE. 244 III. THE WAR ON DRUGS. 252 A. The Domestic Focus. 252 B. The Global Battlefront. 258 IV. THE WAR ON DRUGS IS MAKING THE BORDER REGION EVEN MORE INSECURE. 264 A. The Drugs War and the Collapsing Mexican State. 265 B. General Public Insecurity in Mexico. 277 V. PRESIDENT... |
2018 |
| Cody M. Conner |
THOROUGHBRED HORSE RACING: WHY A UNIFORM APPROACH TO DRUG REGULATION IS NECESSARY |
10 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 111 (2017-2018) |
In May 2008, a crowd anxiously witnessed the aftermath of Eight Belle's narrow defeat in the Kentucky Derby. Whereupon crossing the finish line, Eight Belles collapsed on two broken legs and was subsequently euthanized in front of a captivated audience--both present and at home. As the world tried to understand this tragedy, the trainer of the... |
2018 |
| David R. Katner |
UP IN SMOKE: REMOVING MARIJUANA FROM SCHEDULE I |
27 Boston University Public Interest Law Journal 167 (Winter, 2018) |
I. Introduction. 167 II. Description of Marijuana and Public Opinion. 170 III. History of Marijuana Uses and Laws in the U.S. and Abroad. 174 IV. Creation of Schedules of Drugs. 177 V. Evolution of Medicinal Applications of Marijuana. 178 VI. Addictive?. 181 VII. Disseminated Propaganda About Marijuana, and Legal Arbitrariness. 184 VIII.... |
2018 |
| David Schlussel |
"THE MELLOW POT-SMOKER": WHITE INDIVIDUALISM IN MARIJUANA LEGALIZATION CAMPAIGNS |
105 California Law Review 885 (June, 2017) |
Recreational marijuana is now legal in several states as a result of ballot initiative campaigns. A number of campaigns have framed marijuana legalization using what this Note calls white individualism. They have put forth messages and images to implicitly suggest that white, hardworking, middle-class marijuana consumers are deserving... |
2017 |
| Kenneth M. Plotz |
ATHLETE DRUG TESTING: COMING TO A RACE NEAR YOU |
46-JAN Colorado Lawyer 19 (January, 2017) |
Amateur as well as professional athletes are subject to drug testing. This article describes what happens to athletes who provide positive samples to the U.S. Anti-Doping Agency. Every weekend in our outdoor-oriented state, hundreds of people compete in individual and team sporting events, including running, cycling, nordic skiing, alpine skiing,... |
2017 |
| Don Stemen |
BEYOND THE WAR: THE EVOLVING NATURE OF THE U.S. APPROACH TO DRUGS |
11 Harvard Law & Policy Review 375 (Summer, 2017) |
Over the last forty years, perhaps no issue has affected the United States's criminal justice system as profoundly as has drug policy. Since President Nixon declared drug abuse America's public enemy number one, concerns about the manufacture, distribution, and possession of drugs have remained at the fore of criminal justice policy discussions.... |
2017 |
| Sandra M. Praxmarer |
BLAZING A NEW TRAIL: USING A FEDERALISM STANDARD OF REVIEW IN MARIJUANA CASES |
85 George Washington Law Review Arguendo 25 (March, 2017) |
The current marijuana conundrum continues to cause conflict and tension between the state and federal governments and creates uncertainty for those who engage in actions legal under state law but illegal under federal law. Any challenge to the constitutionality of marijuana's scheduling has been shrouded from meaningful judicial review through the... |
2017 |
| Meghan Looney Paresky |
CHANGING WELFARE AS WE KNOW IT, AGAIN: REFORMING THE WELFARE REFORM ACT TO PROVIDE ALL DRUG FELONS ACCESS TO FOOD STAMPS |
58 Boston College Law Review 1659 (November, 2017) |
Approximately half a million Americans are currently incarcerated for drug convictions at the state and federal level. President Clinton's 1996 enactment of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) affects this enormous class of individuals by including a provision that places a lifetime ban on access... |
2017 |
| Rick Jones , Neighborhood Defender, Service of Harlem, New York, NY, 212-876-5500, Website www.ndsny.org, Email rjones@ndsny.org |
COMING AND GOING: RACIAL DISPARITY IN THE PUNISHMENT AND PROFIT OF MARIJUANA |
41-DEC Champion 5 (December, 2017) |
[B]y getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we... |
2017 |
| Jonathan P. Caulkins, Peter Reuter |
DEALING MORE EFFECTIVELY AND HUMANELY WITH ILLEGAL DRUGS |
46 Crime and Justice 95 (2017) |
Many judge the American criminal justice system to have largely failed in its drug enforcement role, and the justice system itself has suffered a loss of community support and internal morale as a consequence. Five principles should guide improvement of drug enforcement, including that drug enforcement be viewed as a preventive activity, whose main... |
2017 |
| Alice Kwak |
MEDICAL MARIJUANA AND CHILD CUSTODY: THE NEED TO PROTECT PATIENTS AND THEIR FAMILIES FROM DISCRIMINATION |
28 Hastings Women's Law Journal 119 (Winter, 2017) |
Regulation of marijuana use in the United States is complicated. Marijuana is a controlled substance under federal law, and therefore an illegal drug. In the last twenty years, however, twenty-four states and the District of Columbia have legalized the medical use of marijuana for qualified patients. Some have gone further and legalized the... |
2017 |
| Elizabeth Danquah-Brobby |
PRISON FOR YOU. PROFIT FOR ME. SYSTEMIC RACISM EFFECTIVELY BARS BLACKS FROM PARTICIPATION IN NEWLY-LEGAL MARIJUANA INDUSTRY |
46 University of Baltimore Law Review 523 (Summer, 2017) |
Although the butterfly and caterpillar are completely different, they are one and the same. Historically, blacks have been prosecuted and convicted across the United States at significantly higher rates when compared to whites for marijuana-related crimes, despite the fact that studies indicate marijuana use by whites and blacks is relatively... |
2017 |
| Celesta A. Albonetti |
SENTENCING OF FEDERAL COCAINE TRAFFICKING/MANUFACTURING DEFENDANTS: ASSESSING DIRECT AND CONDITIONING EFFECTS OF DEFENDANT'S RACE/ETHNICITY AND GENDER ON LENGTH OF IMPRISONMENT |
21 Journal of Gender, Race and Justice 1 (Winter 2017) |
I. Introduction. 1 II. Federal Sentencing Guidelines--Legal and Policy Issues. 3 III. Empirical Research on Federal Sentencing Outcomes. 9 IV. Theoretical Perspectives and Federal Sentencing. 12 V. Data and Analytical Procedures. 15 VI. Findings. 24 A. Univariate Descriptive Analyses. 24 B. Multivariate Analyses. 26 C. Race/Ethnicity Interactions.... |
2017 |
| Carrie Leonetti |
SMOKING GUNS: THE SUPREME COURT'S WILLINGNESS TO LOWER PROCEDURAL BARRIERS TO MERITS REVIEW IN CASES INVOLVING EGREGIOUS RACIAL BIAS IN THE CRIMINAL JUSTICE SYSTEM |
101 Marquette Law Review 205 (Fall, 2017) |
The systematic foreclosure of federal-court review of even the most meritorious federal constitutional challenges of state criminal convictions has made review on the merits of an inmate's claim that a state court violated the U.S. Constitution in adjudicating a criminal case exceedingly rare. Nonetheless, over the past two terms, the Supreme Court... |
2017 |
| Michael Nabeel Alsharaiha |
SMOKING OUT THE CRIMINALS: HOW FEDERAL TAX POLICY CAN REDUCE ILLEGAL DRUG CRIME BY SUPPORTING THE LEGAL MARIJUANA INDUSTRY |
48 University of Toledo Law Review 319 (Winter, 2017) |
IMAGINE living in a state that recently legalized marijuana. As an entrepreneur, you have decided to start a legal marijuana business. You dutifully abide by any restriction your state has laid out to create a profitable legal business. As in any business, you keep timely records of all assets and liabilities. Every business has its ups and downs,... |
2017 |
| Brian M. Blumenfeld |
STATE LEGALIZATION OF MARIJUANA AND OUR AMERICAN SYSTEM OF FEDERALISM: A HISTORIO-CONSTITUTIONAL PRIMER |
24 Virginia Journal of Social Policy and the Law 77 (Summer, 2017) |
Introduction. 79 I. Historical Background. 81 II. The CSA Schedules Marijuana. 84 III. Federalism and Marijuana. 85 A. The Commerce Clause, The Necessary and Proper Clause, and Gonzalez v. Raich. 85 B. The Anti-commandeering Doctrine, The Supremacy Clause, and Nebraska & Oklahoma v. Colorado. 88 1. Anti-commandeering. 88 2. The Supremacy Clause. 91... |
2017 |
| Armikka R. Bryant |
TAXING MARIJUANA: EARMARKING TAX REVENUE FROM LEGALIZED MARIJUANA |
33 Georgia State University Law Review 659 (Spring, 2017) |
This Article provides an overview of the legal, political, and societal landscapes in states that have legalized marijuana and imposed taxes on its sale. The article begins by summarizing the War on Drugs' origins, its fiscal expenditures, and the social policies that ultimately led to its failure. Part I briefly details the history of marijuana... |
2017 |
| Lindsay F. Wiley |
TOBACCO DENORMALIZATION, ANTI-HEALTHISM, AND HEALTH JUSTICE |
18 Marquette Benefits & Social Welfare Law Review 203 (Spring, 2017) |
C1-2Table of Contents I. Introduction. 204 II. Strategies for Tobacco Denormalization. 209 A. Tobacco Taxes. 210 B. Product Regulation. 211 C. Advertising Restrictions. 214 D. Counter-Marketing. 216 E. Warning Mandates. 218 F. Smoke-Free Laws. 219 G. Discrimination Against Tobacco Users. 222 III. Frameworks for Assessing Tobacco Denormalization.... |
2017 |
| Sam Kamin |
WHAT CALIFORNIA CAN LEARN FROM COLORADO'S MARIJUANA REGULATIONS |
49 University of the Pacific Law Review 13 (2017) |
California occupies a unique place in marijuana law reform in the United States: Over the last twenty years, it has been both leader and laggard. California was the first state in the Union to legalize marijuana for medical patients when its voters approved Proposition 215 in 1996. However, it would be twenty more years before the state adopted... |
2017 |