| Author | Title | Citation | Summary | Year |
| 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 |
| Barbara Andraka-Christou |
WHAT IS "TREATMENT" FOR OPIOID ADDICTION IN PROBLEM-SOLVING COURTS? A STUDY OF 20 INDIANA DRUG AND VETERANS COURTS |
13 Stanford Journal of Civil Rights & Civil Liberties 189 (June, 2017) |
Little is known about substance abuse treatment within problem-solving courts, including treatment-related policies and the treatment decision-making processes. To examine opioid dependence treatment in the context of problem-solving courts, the author conducted semi-structured qualitative interviews with judges of 20 problem-solving courts (drug... |
2017 |
| André Douglas Pond Cummings |
"LORD FORGIVE ME, BUT HE TRIED TO KILL ME": PROPOSING SOLUTIONS TO THE UNITED STATES' MOST VEXING RACIAL CHALLENGES |
23 Washington and Lee Journal of Civil Rights and Social Justice 3 (Fall, 2016) |
C1-3Table of Contents I. Introduction. 4 II. Our Most Vexing and Persistent Racial Challenges. 8 A. Police Killing of Unarmed Black Men. 10 B. Racially Disparate Mass Incarceration. 13 C. Violent Homicide of African American Young Men and Boys. 18 III. Proposing Solutions to our Most Vexing and Persistent Racial Challenges. 23 A. Ending the Police... |
2016 |
| George Fitting |
CARELESS CONFLICTS: MEDICAL MARIJUANA IMPLICATIONS FOR EMPLOYER LIABILITY IN THE WAKE OF VIALPANDO v. BEN'S AUTOMOTIVE SERVICES |
102 Iowa Law Review 259 (November, 2016) |
There are 25 states and the District of Columbia that have legalized medical marijuana, but the federal government still lists the drug as a Schedule I controlled substance under the Controlled Substances Act. This conflict between state and federal law raises significant liability issues for employers whose employees obtain a medical... |
2016 |
| Tracy Carbasho |
CITY'S MARIJUANA ORDINANCE COULD HAVE LITTLE IMPACT ON COURTS, BIG IMPACT ON LIVES |
18 Lawyers Journal 1 (February 5, 2016) |
The decriminalization of marijuana possession within Pittsburgh city limits isn't expected to have any significant impact on the courts, the district attorney's office or the public defender's office. But it could make a difference in the lives of African-Americans, who are more likely than whites to be arrested for possession even though both... |
2016 |
| Dionne R. Gonder-Stanley |
DORM ROOM DEALERS DRUGS AND THE PRIVILEGES OF RACE AND CLASS BY A. RAFIK MOHAMED AND ERIK D. FRITSVOLD LYNNE RIENNER PUBLISHERS (2011) |
40-MAY Champion 67 (May, 2016) |
When considering the phrase drug dealer, what image pops into mind? A person of color peddling product on the street comers of an impoverished community? Or a Caucasian college student from an affluent background selling pot, party drugs, and pills from campus housing? Rafik Mohamed and Erik Fritsvold challenge those who accept as accurate only... |
2016 |
| Alex Kreit |
DRUG TRUCE |
77 Ohio State Law Journal 1323 (2016) |
After enjoying nearly universal support from elected officials for decades, the war on drugs is under attack. Prominent politicians from across the ideological spectrum have started to call for an end to the war on drugs. New Jersey's Republican Governor Chris Christie pledged to end the failed war on drugs in his second inaugural address.... |
2016 |
| Erik Luna |
DRUG WAR AND PEACE |
50 U.C. Davis Law Review 813 (December, 2016) |
C1-2Table of Contents Introduction. 813 I. Drug Prohibition as War. 815 II. Jus ad Bellum. 825 III. Jus in Bello. 854 IV. Concluding Thoughts. 885 |
2016 |
| Nikita McMillian |
FROM LOVING MOTHER TO WELFARE QUEEN TO DRUG ADDICT? LEBRON v. SECRETARY OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND THE EVOLVING PUBLIC VIEW OF THE POOR AS A CLASS OF SUB-HUMANS WITH SUB-RIGHTS |
35 Mississippi College Law Review 197 (2016) |
Don't Feed the Alligators! Those were the words that occupied the sign held by Florida's Congressional Representative John Mica during a 1995 House debate concerning welfare reform. Comparing welfare recipients to alligators, Representative Mica's sign exemplified how some in the public had come to perceive the poor as a class of dangerous... |
2016 |
| Benjamin Levin |
GUNS AND DRUGS |
84 Fordham Law Review 2173 (April, 2016) |
This Article argues that the increasingly prevalent critiques of the War on Drugs apply to other areas of criminal law. To highlight the broader relevance of these critiques, this Article uses as its test case the criminal regulation of gun possession. This Article identifies and distills three lines of drug war criticism and argues that they apply... |
2016 |
| Gene Taras |
HIGH TIME FOR CHANGE: HOW LEGALIZING MARIJUANA COULD HELP NARROW THE RACIAL DIVIDE IN THE UNITED STATES |
24 Cardozo Journal of International and Comparative Law 565 (Spring 2016) |
I. Introduction. 565 II. The Marijuana Prohibition and the War on Drugs. 567 A. The Prohibition Against Marijuana And its Racist Roots. 567 B. Growth of the Criminal Justice System and the Failure of the War on Drugs. 569 1. The Great Schism: Disproportionate Effects of Marijuana Laws on Minorities. 571 2. How Did This Racial Divide Come to Exist?.... |
2016 |
| Hope M. Babcock |
ILLEGAL MARIJUANA CULTIVATION ON PUBLIC LANDS: OUR FEDERALISM ON A VERY BAD TRIP |
43 Ecology Law Quarterly 723 (2016) |
Fueled by increasing demand for marijuana, illegal cultivation of the drug on public lands is causing massive environmental harm. The federal government lacks the resources to wage what would be a difficult and costly campaign to eradicate these illegal grow sites and instead focuses its limited resources on enforcing the federal marijuana ban.... |
2016 |
| Marty Ludlum , Darrell Ford |
KATIE'S LAW: OKLAHOMA'S SECOND PUFF OF MEDICAL MARIJUANA |
41 Oklahoma City University Law Review 169 (Fall, 2016) |
I stopped all radiation. I basically detoxed off all pharmaceuticals. I started eating raw cannabis three times a day in salads. I am illegally healed because I am in Oklahoma. Juliette Freese, Oklahoma City resident cured of a rare bone cancer. Marijuana is everywhere. Marijuana (Cannabis sativa) has always been with us and is not leaving any... |
2016 |
| Adam Davidson |
LEARNING FROM HISTORY IN CHANGING TIMES: TAKING ACCOUNT OF EVOLVING MARIJUANA LAWS IN FEDERAL SENTENCING |
83 University of Chicago Law Review 2105 (Fall, 2016) |
The difference between becoming a successful entrepreneur in a fast-growing industry and becoming a federal prisoner may largely depend on which state you place your business in. This is the reality for those in the marijuana business. This predicament occurs because of two issues: the increasing spread of marijuana legalization for both medical... |
2016 |
| Michael Vitiello |
LEGALIZING MARIJUANA AND ABATING ENVIRONMENTAL HARM: AN OVERBLOWN PROMISE? |
50 U.C. Davis Law Review 773 (December, 2016) |
Written in advance of the passage of Proposition 64 (legalizing recreational use of marijuana in California), this article explores why legalization of marijuana is now quite likely. It also identifies arguments made by proponents in support of legalization, including the need to abate environmental harm caused by illegal production of marijuana in... |
2016 |
| Alex Kreit |
MARIJUANA LEGALIZATION AND PRETEXTUAL STOPS |
50 U.C. Davis Law Review 741 (December, 2016) |
C1-2Table of Contents Introduction. 741 I. How Prohibition Incentivizes Pretextual Stops and Profiling. 745 A. The Drug War and Pretextual Stops. 745 B. Marijuana Prohibition and Pretextual Stops. 750 C. Racial Disparities and Pretextual Stops. 754 II. The Potential Impact of Marijuana Legalization on Pretextual Stops. 757 A. Medical Marijuana. 760... |
2016 |
| David F. DuTremble |
NEXT DANCE WITH MARY JANE? AN ARGUMENT FOR THE PATENTABILITY OF SPECIFIC GENETIC STRAINS OF MARIJUANA UNDER FEDERAL PATENT LAW |
10 Charleston Law Review 445 (Fall, 2016) |
I. INTRODUCTION. 446 II. A BRIEF HISTORY OF MARIJUANA IN AMERICA. 448 III. CURRENT FEDERAL ENFORCEMENT MECHANISMS. 450 A. Statutory Mechanisms: The CSA. 450 B. Judicial Enforcement: Preemption. 453 IV. THE MISAPPLICATION OF THE COMMERCE CLAUSE IN GONZALES V. RAICH. 454 V. PROPOSALS FOR FEDERAL MARIJUANA LAW REFORM. 456 A. William Baude. 456 B. Alex... |
2016 |
| Michelle Y. Ewert |
ONE STRIKE AND YOU'RE OUT OF PUBLIC HOUSING: HOW THE INTERSECTION OF THE WAR ON DRUGS AND FEDERAL HOUSING POLICY VIOLATES DUE PROCESS AND FAIR HOUSING PRINCIPLES |
32 Harvard Journal on Racial & Ethnic Justice 57 (Spring, 2016) |
[T]he racist virus in the American blood stream still afflicts us: Negroes will encounter serious personal prejudice for at least another generation. Written in 1965, this dire prediction contained in the introduction to the Department of Labor's Moynihan Report proved to be both right and wrong in chilling ways. It proved true because racism... |
2016 |
| Michele Goodwin , Naomi Duke, M.D. , Jaime Allgood |
SEX, DRUGS, & HIV: MASS INCARCERATION'S HIDDEN PROBLEM |
16 Houston Journal of Health Law & Policy 1 (2016) |
The United States' corrections system represents a significant source of HIV/AIDS risk that disproportionately impacts populations of color, as these populations experience disproportionately high rates of incarceration in the U.S. This Essay looks to the escalation of mass incarceration as a root cause for the dramatic and chilling rise in... |
2016 |
| Steven W. Bender |
THE COLORS OF CANNABIS: RACE AND MARIJUANA |
50 U.C. Davis Law Review 689 (December, 2016) |
C1-2Table of Contents Introduction. 689 I. Reefer Madness: The History of Racialized Prohibition and Enforcement. 690 II. Campaign Colors. 692 III. The New White Market: Examining the Color of the Legal Marijuana Industry. 695 IV. The Resilient Black Market. 698 V. Life After Legalization: Blunt Realities for Minority Users. 700 VI. Next Steps:... |
2016 |
| Jessica M. Eaglin |
THE DRUG COURT PARADIGM |
53 American Criminal Law Review 595 (Summer, 2016) |
Drug courts are specialized, problem-oriented diversion programs. Qualifying offenders receive treatment and intense court-supervision from these specialized criminal courts, rather than standard incarceration. Although a body of scholarship critiques drug courts and recent sentencing reforms, few scholars explore the drug court movement's... |
2016 |
| Amanda Harmon Cooley |
THE IMPACT OF MARIJUANA LEGALIZATION ON YOUTH & THE NEED FOR STATE LEGISLATION ON MARIJUANA-SPECIFIC INSTRUCTION IN K-12 SCHOOLS |
44 Pepperdine Law Review 71 (2016) |
State legalization of marijuana is a divisive and polarizing issue that has resulted in fragmentation between governments and citizens. Contrary to federal law, voters in Colorado and Washington in 2012 and in Alaska and Oregon in 2014 approved ballot initiatives that legalized the state-regulated sale of marijuana to adults for their recreational... |
2016 |
| Florence Shu-Acquaye |
THE ROLE OF STATES IN SHAPING THE LEGAL DEBATE ON MEDICAL MARIJUANA |
42 Mitchell Hamline Law Review 697 (2016) |
I. Introduction. 698 II. Tracing the Origins of Medical Marijuana. 701 A. The Historical Use and Origins of Medical Marijuana Around the World. 701 B. Historical Background of the Use and Origins of Medical Marijuana in the United States. 704 1. The Marijuana Tax Act of 1937. 706 2. The Controlled Substance Act (CSA). 708 3. Drug Enforcement Agency... |
2016 |
| Mallory Meads |
THE WAR AGAINST OURSELVES: HEIEN v. NORTH CAROLINA, THE WAR ON DRUGS, AND POLICE MILITARIZATION |
70 University of Miami Law Review 615 (Winter, 2016) |
Approximately fifty years ago, America declared a war against itself--the War on Drugs. Since then, our local and state police, armed with military weapons and federal funding, have fought tirelessly against public enemy number one-- drugs. Not surprisingly, this war has created an atmosphere where it is now common to see police officers... |
2016 |
| William Ryan |
WELL-INTENTIONED FEDERAL DRUG POLICIES MAY LEAVE MINORITIES BEHIND |
22 Public Interest Law Reporter 35 (Fall, 2016) |
Throughout the second half of the 20th Century and the first decade and a half of the 21st Century, the United States has fought a prolonged War on Drugs. The effects of the War on Drugs on African Americans are wellknown, most notably in increased incarceration rates. In 1989, Congress mandated a five-year minimum sentence for any person in... |
2016 |
| Carrie Rosenbaum |
WHAT (AND WHOM) STATE MARIJUANA REFORMERS FORGOT: CRIMMIGRATION LAW AND NONCITIZENS |
9 DePaul Journal for Social Justice 1 (Summer, 2016) |
Deportation rates of Latino/a noncitizens are higher than their presence in immigrant communities in the United States. The fact that Latino/a noncitizens experience immigration policing and deportation at higher rates than other noncitizens is due, at least in part, to federal immigration enforcement's use of alleged criminality to identify... |
2016 |
| Catherine DiVita |
"CRACKING" THE CODE: INTERPRETING SENTENCE REDUCTION REQUIREMENTS IN FAVOR OF ELIGIBILITY FOR CRACK COCAINE OFFENDERS WHO AVOIDED A MANDATORY MINIMUM FOR THEIR SUBSTANTIAL ASSISTANCE TO AUTHORITIES |
56 Boston College Law Review 1143 (May, 2015) |
In 2010, the Fair Sentencing Act (FSA) increased the quantities triggering mandatory minimums for crack cocaine offenses and directed the U.S. Sentencing Commission (USSC) to make similar reductions to the crack cocaine guideline ranges. After the USSC made these changes retroactive, offenders sentenced in accordance with the previous... |
2015 |
| Ben Fabens-Lassen |
A CRACKED REMEDY: THE ANTI-DRUG ABUSE ACT OF 1986 AND RETROACTIVE APPLICATION OF THE FAIR SENTENCING ACT OF 2010 |
87 Temple Law Review 645 (Spring 2015) |
[L]et's not make the punishment for crack cocaine that much more severe than the punishment for powder cocaine when the real difference between the two is the skin color of the people using them. The emergence of crack cocaine in Los Angeles gave rise to what the public and the media viewed as an epidemic of alarming proportions. As crack cocaine... |
2015 |
| Katherine Curl Reitz |
AN ENVIRONMENTAL ARGUMENT FOR A CONSISTENT FEDERAL POLICY ON MARIJUANA |
57 Arizona Law Review 1085 (2015) |
The federal government has dealt with the increasing trend towards states legalizing marijuana for medicinal and recreational use in conflicting ways. While marijuana remains illegal at the federal level, recent general federal policy has discouraged intervention in state legalization. This approach has resulted in conflicting federal policies and... |
2015 |
| Luke Scheuer |
ARE "LEGAL" MARIJUANA CONTRACTS "ILLEGAL"? |
16 U.C. Davis Business Law Journal 31 (Fall, 2015) |
America is currently in the midst of a legal marijuana business boom. In states that have legalized marijuana thousands of businesses have been created and are being openly operated despite the federal Controlled Substances Abuse Act (CSA). As a regular part of their business, these companies enter into contracts which violate the CSA, for... |
2015 |
| Herbert E. Tucker |
BACK TO THE FUTURE: HOW THE LEGALIZATION OF MARIJUANA ECHOES THE PROHIBITION ERA |
44-NOV Colorado Lawyer 87 (November, 2015) |
Much has been written about the similarities between the currently evolving cannabis legalization landscape and the Alcohol Prohibition Era of the 1920s and 1930s (Prohibition). Al Capone has been likened to a Mexican drug lord, and the federal government's ineffective efforts at curbing consumption during each time have been highlighted. This... |
2015 |
| Deena Greenberg |
CLOSING PANDORA'S BOX: LIMITING THE USE OF 404(B) TO INTRODUCE PRIOR CONVICTIONS IN DRUG PROSECUTIONS |
50 Harvard Civil Rights-Civil Liberties Law Review 519 (Summer, 2015) |
Introduction. 519 I. The Federal Rules of Evidence and Rule 404(b). 525 II. Current Approaches. 528 A. Characteristics of the Presumptive Approach. 530 B. Case-by-Case Analyses. 536 III. Why the Case-by-Case Approach is Preferable. 540 A. Problems with the Presumptive Approach. 541 1. Knowledge. 541 2. Intent. 543 3. Unfair Prejudice. 545... |
2015 |