| Author | Title | Citation | Summary | Year |
| 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 |