| Author | Title | Citation | Summary | Year |
| 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 |
| Erwin Chemerinsky, Jolene Forman, Allen Hopper, Sam Kamin |
COOPERATIVE FEDERALISM AND MARIJUANA REGULATION |
62 UCLA Law Review 74 (January, 2015) |
The struggle over marijuana regulation is one of the most important federalism conflicts in a generation. The ongoing clash of federal and state marijuana laws forces us to consider the preemptive power of federal drug laws and the appropriate roles for state and federal governments in setting drug policy. This conflict also creates debilitating... |
2015 |
| Kevin R. Johnson |
CRIMMIGRATION: KEYNOTE ADDRESS RACIAL PROFILING IN THE WAR ON DRUGS MEETS THE IMMIGRATION REMOVAL PROCESS: THE CASE OF MONCRIEFFE V. HOLDER |
92 Denver University Law Review 701 (2015) |
Today, I want to discuss the Supreme Court's decision in Moncrieffe v. Holder. In analyzing that case, I will try to show how the criminal justice system of the United States, and its disparate treatment of racial minorities, contributes to the current racially disparate impacts in the immigration removal process. The Supreme Court's decision in... |
2015 |
| J. Herbie DiFonzo, J.D., Ph.D. , Ruth C. Stern, J.D., M.S.W. , Hofstra University Maurice A. Deane, School of Law, Hempstead, NY, Independent Legal Scholar, Sea Cliff, NY |
DIVIDED WE STAND: MEDICAL MARIJUANA AND FEDERALISM |
27 Health Lawyer 17 (June, 2015) |
California's endorsement of medical marijuana in 1996 seemed to kindle a populist revolt against cannabis prohibition. But the grassroots campaign to legalize marijuana began decades earlier, perhaps on January 10, 1965. On that date, the poet Allen Ginsberg led a small band of chanting, placard-toting aficionados of pot in a demonstration outside... |
2015 |
| Yu-Wei Luke Chu, Victoria University of Wellington |
DO MEDICAL MARIJUANA LAWS INCREASE HARD-DRUG USE? |
58 Journal of Law & Economics 481 (May, 2015) |
Medical marijuana laws generate significant debate regarding drug policy. For instance, if marijuana is a complement to hard drugs, then these laws would increase the usage not only of marijuana but also of hard drugs. In this paper I study empirically the effects of medical marijuana laws by analyzing data on drug arrests and treatment admissions.... |
2015 |
| Besiki L. Kutateladze, Victoria Z. Lawson , Nancy R. Andiloro , Institute for State and Local Governance of the City University of New York, New York City Department of Probation, New York, New York |
DOES EVIDENCE REALLY MATTER? AN EXPLORATORY ANALYSIS OF THE ROLE OF EVIDENCE IN PLEA BARGAINING IN FELONY DRUG CASES |
39 Law and Human Behavior 431 (October, 2015) |
The majority of cases in the United States are disposed of through plea bargaining; however, this important discretionary point has received relatively little attention from researchers compared with trial and jury proceedings, and other discretionary points such as arrest and sentencing. Additionally, although evidence is considered an important... |
2015 |
| Shima Baradaran |
DRUGS AND VIOLENCE |
88 Southern California Law Review 227 (January, 2015) |
The war on drugs has increased the U.S. prison population by tenfold. The foundation for the war on drugs, and this unparalleled increase in prisoners, relies on the premise that drugs and violence are causally linked. Politicians, media, and scholars continue to advocate this view either explicitly or implicitly. This Article identifies the... |
2015 |
| Gabriel Eckstein |
DRUGS ON TAP: MANAGING PHARMACEUTICALS IN OUR NATION'S WATERS |
23 New York University Environmental Law Journal 37 (2015) |
Pharmaceuticals in the environment and public water supplies are believed to have serious impacts on human and environmental health. Current research suggests that exposure to certain drugs and their residues may result in a variety of adverse human health effects. Other studies more conclusively show that even minute concentrations of... |
2015 |
| Silvia Irimescu |
MARIJUANA LEGALIZATION: HOW GOVERNMENT STAGNATION HINDERS LEGAL EVOLUTION AND HARMS A NATION |
50 Gonzaga Law Review 241 (2014-2015) |
Introduction. 242 I. The Drug Industry Evolution. 247 A. Drugs--A Monster We Fight or a Monster We Make?. 247 B. Marijuana--Friend or Foe?. 251 II. Current Marijuana Laws. 253 A. Federal Law (Stubborn Law). 253 B. Marijuana Laws in States and Cities with Legalized Recreational Marijuana Use. 254 1. The States. 255 a) Washington. 255 b) Colorado.... |
2015 |
| Paul J. Larkin, Jr. |
MEDICAL OR RECREATIONAL MARIJUANA AND DRUGGED DRIVING |
52 American Criminal Law Review 453 (Summer, 2015) |
Beginning in the 1920s and lasting for seventy years, state and federal law treated marijuana as a dangerous drug and as contraband, forbidding its cultivation, distribution, possession, and use. Over the last two decades, however, numerous states have enacted laws permitting marijuana to be used for medical treatment. Some also permit its... |
2015 |
| Jordan Cunnings |
NONSERIOUS MARIJUANA OFFENSES AND NONCITIZENS: UNCOUNSELED PLEAS AND DISPROPORTIONATE CONSEQUENCES |
62 UCLA Law Review 510 (February, 2015) |
Marijuana is being decriminalized in many states and localities throughout the United States. While recreational use of marijuana is legal in only a handful of states, in many other areas it has become a type of pseudo-violation with such low criminal penalties that defendants may be issued just a citation or ticket and are often not entitled to... |
2015 |
| Rodney A. Smolla |
OFF-LABEL DRUG ADVERTISING AND THE FIRST AMENDMENT |
50 Wake Forest Law Review 81 (Spring 2015) |
This Article explores the constitutionality of the Food and Drug Administration's (FDA's) regulatory restrictions on so-called off-label pharmaceutical advertising and promotion--marketing efforts, typically by drug companies and their agents, that promote uses for drugs other than those approved by the FDA. This Article argues that the First... |
2015 |
| Olivier F. Colins, Henrik Andershed, Dustin A. Pardini, Leiden University Medical Centre and Örebro University, Örebro University, University of Pittsburgh Medical Center |
PSYCHOPATHIC TRAITS AS PREDICTORS OF FUTURE CRIMINALITY, INTIMATE PARTNER AGGRESSION, AND SUBSTANCE USE IN YOUNG ADULT MEN |
39 Law and Human Behavior 547 (December, 2015) |
This study examined the prospective relation between Youth Psychopathic Traits Inventory (YPI) scores and various negative outcomes in a community sample of young men. Official criminal records and self-reported outcomes, including criminality, physical and relational aggression against intimate partners, and excessive substance use, were obtained... |
2015 |
| Kevin R. Johnson |
RACIAL PROFILING IN THE WAR ON DRUGS MEETS THE IMMIGRATION REMOVAL PROCESS: THE CASE OF MONCRIEFFE V. HOLDER |
48 University of Michigan Journal of Law Reform 967 (Summer, 2015) |
In Moncrieffe v. Holder, the Supreme Court held that the Board of Immigration Appeals could not remove a long-term lawful permanent resident from the United States based on a single misdemeanor conviction for possession of a small amount of marijuana. The decision clarified the meaning of an aggravated felony for purposes of removal, an important... |
2015 |
| Holly Jeanine Boux , Courtenay W. Daum |
STUCK BETWEEN A ROCK AND A METH COOKING HUSBAND: WHAT BREAKING BAD'S SKYLER WHITE TEACHES US ABOUT HOW THE WAR ON DRUGS AND PUBLIC ANTIPATHY CONSTRAIN WOMEN OF CIRCUMSTANCE'S CHOICES |
45 New Mexico Law Review 567 (Spring, 2015) |
Toe the line or you will wind up just like Hank - Walter White to his wife, Skyler If you start getting defensive, the DA will look at you differently - DEA Agent Hank Schrader to Skyler White, while trying to get her to testify against her husband As the above quotations illustrate, Skyler White, protagonist Walter White's wife in Breaking... |
2015 |
| Luke Scheuer |
THE "LEGAL" MARIJUANA INDUSTRY'S CHALLENGE FOR BUSINESS ENTITY LAW |
6 William & Mary Business Law Review 511 (April, 2015) |
In recent years, many states have legalized the use and sale of marijuana for medical or even recreational purposes. This has led to the booming growth of a legal marijuana industry. Businesses openly growing and selling marijuana products to the consuming public face some unusual legal hurdles. Significantly, although the sale of marijuana may... |
2015 |
| |
THE DANGEROUS MYTHS OF DRUG SENTENCING "REFORM" |
Federal Sentencing Reporter (October 1, 2015) |
The National Association of Assistant United States Attorneys is a professional association comprised of career federal prosecutors and federal civil attorneys who work for the Department of Justice in 94 United States Attorneys' Offices throughout the United States. We are proud to work under our nation's dedicated United States Attorneys and the... |
2015 |
| Michael Freiberg |
THE MINTY TASTE OF DEATH: STATE AND LOCAL OPTIONS TO REGULATE MENTHOL IN TOBACCO PRODUCTS |
64 Catholic University Law Review 949 (Summer, 2015) |
I. The Problem of Menthol. 953 II. Federal Inaction on Menthol. 955 III. State and Local Options. 958 A. Sales Prohibition. 959 B. Sales Restrictions. 966 C. Tax Policy. 967 D. Other Price-Related Policies. 969 E. Age-of-Sale Regulations. 971 F. Disclosure Requirements. 972 G. Marketing Restrictions. 973 IV. Conclusion. 974 |
2015 |
| Lukasz Gruszczynski |
The New Tobacco Products Directive and WTO Law: Much Ado About Nothing? |
10 Asian Journal of WTO & International Health Law & Policy 115 (March, 2015) |
The article analyses the compatibility of various regulatory mechanisms provided by the new Tobacco Products Directive (TPD) with the requirements of WTO law, in particular those included in the TBT and TRIPS Agreements. After introducing basic provisions of the directive and summarizing the concerns raised by some WTO Members during meetings of... |
2015 |
| John F. Pfaff |
THE WAR ON DRUGS AND PRISON GROWTH: LIMITED IMPORTANCE, LIMITED LEGISLATIVE OPTIONS |
52 Harvard Journal on Legislation 173 (Winter 2015) |
The dramatic rise in imprisonment in the United States over the past forty years is hard to understate. Decades of stable incarceration ended suddenly in the mid-1970s, as the U.S. prison population soared from about 300,000 to 1.6 million inmates, and the incarceration rate from 100 per 100,000 to over 500 per 100,000. The incarceration boom is... |
2015 |
| Isaiah M. Hunter |
THE WAR ON DRUGS AND TAXES: HOW TAX EXPENDITURE ANALYSIS CAN SHED LIGHT ON CIVIL ASSET FORFEITURE |
9 NYU Journal of Law & Liberty 549 (2015) |
The goal of the United States War on Drugs is to eradicate recreational drug use in America. But the federal government has a problem achieving that goal--it lacks the manpower and local police knowledge to effectively wage the drug war. It cannot directly force local law enforcement to comply with federal anti-drug policies without violating... |
2015 |
| Kjirsten Lee |
TRANSGRESSING TRAINERS AND ENHANCED EQUINES: DRUG USE IN RACEHORSES, DIFFICULTY ASSIGNING RESPONSIBILITY AND THE NEED FOR A NATIONAL RACING COMMISSION |
11 Journal of Animal & Natural Resource Law 23 (May, 2015) |
From Saratoga Race Track in New York State to Santa Anita Park in California, and from Canterbury Downs in Minnesota to Gulfstream Park in Florida, horse racing spans the United States and has always been a part of American culture. It is known as the sport of kings, and millions of dollars change hands every year chasing 1,200-pound investment... |
2015 |
| Erin M. Kerrison, Ph.D. |
WHITE CLAIMS TO ILLNESS AND THE RACE-BASED MEDICALIZATION OF ADDICTION FOR DRUG-INVOLVED FORMER PRISONERS |
31 Harvard Journal on Racial & Ethnic Justice 105 (Spring 2015) |
Critical Race Theory scholars have long argued that the War on Drugs is a war waged against low-income, black urban citizens. However, as the spotlight has shifted somewhat from policing street drug use and trafficking among poor, inner-city blacks, to concerns about the chronic pharmaceutical substance abuse of middle- and upper-class white... |
2015 |
| Tessie Smith |
WORSHIPING AT THE ALTAR OF PROGRESS: COGNITIVE ENHANCING DRUGS IN LEGAL EDUCATION |
40 University of Dayton Law Review 225 (Fall, 2015) |
I. Introduction. 226 II. Background. 229 A. Adderall & Ritalin. 229 1. The ADHD Epidemic. 229 2. The Black Market of Cognitive Enhancers. 230 3. Danger Hidden in Plain Sight. 231 B. Abuse of Cognitive Enhancing Drugs in Law Schools. 233 1. Law School Values. 234 2. The Current Legal Market: Heavy Debt and Bleak Job Prospects. 236 3. Cognitive... |
2015 |
| Steven A. Vitale |
"DOPE" DILEMMAS IN A BUDDING FUTURE INDUSTRY: AN EXAMINATION OF THE CURRENT STATUS OF MARIJUANA LEGALIZATION IN THE UNITED STATES |
23 University of Miami Business Law Review 131 (Winter 2014) |
This Comment provides an in-depth analysis of the current status regarding legalization of marijuana in the United States. It begins by tracing a brief history of the legalization movement in this country. The next section addresses the federal-state law conflict issue, coupled with a thorough analysis of two recent and relatively unexamined... |
2014 |
| Taylor R. Overman |
A "DUBIOUS DISTINCTION": NEW JERSEY'S DRUG-FREE SCHOOL ZONES & DISPARATELY IMPACTED MINORITY COMMUNITIES |
34 Boston College Journal of Law & Social Justice 397 (Spring, 2014) |
Richard Nixon fundamentally changed the prison system in America when he launched the War on Drugs in 1969, leading to a series of federal laws imposing harsh mandatory sentences on drug offenders. In an attempt to shield children from drugs, New Jersey followed other states in passing a drug-free school zone statute. The statute... |
2014 |
| Paul J. Larkin, Jr. |
CRACK COCAINE, CONGRESSIONAL INACTION, AND EQUAL PROTECTION |
37 Harvard Journal of Law & Public Policy 241 (Winter, 2014) |
I. The History of Federal Drug Policy. 244 II. Crack Cocaine, Race, and Equal Protection Law. 249 A. Legislation and Equal Protection Law. 250 B. Legislative Inaction and Equal Protection Law. 258 1. The Article I Lawmaking Process. 259 2. The Due Process Clause. 263 3. Equal Protection Principles. 271 III. Crack Cocaine, Race, and Federal Drug... |
2014 |
| John Vigorito |
CREATING CONSTITUTIONAL CANNABIS: AN INDIVIDUAL STATE'S TENTH AMENDMENT RIGHT TO LEGALIZE MARIJUANA |
46 University of Toledo Law Review 221 (Fall 2014) |
THE cannabis plant has had a multitude of uses throughout history dating back as far as 8000 B.C., including medicinal uses as early as 4000 B.C. Even the storied past of the United States includes many uses for the plant to go along with tales about our country's founding fathers growing and using cannabis. For example, George Washington wrote a... |
2014 |
| John MacDonald, Jeremy Arkes, Nancy Nicosia, Rosalie Liccardo Pacula |
DECOMPOSING RACIAL DISPARITIES IN PRISON AND DRUG TREATMENT COMMITMENTS FOR CRIMINAL OFFENDERS IN CALIFORNIA |
43 Journal of Legal Studies 155 (January, 2014) |
We assess whether black-white disparities in commitments to prison or diversions to treatment for drug offenders in California can be explained by differences in the characteristics of criminal cases and whether case characteristics are weighed differently by race. We also examine whether the influence of case characteristics changed after... |
2014 |
| Jelani Jefferson Exum |
FORGET SENTENCING EQUALITY: MOVING FROM THE "CRACKED" COCAINE DEBATE TOWARD PARTICULAR PURPOSE SENTENCING |
18 Lewis & Clark Law Review 95 (2014) |
While a racial equality-themed discourse has traditionally fueled the crack-versus-powder cocaine sentencing debate, this Article asserts that seeking equality in sentencing outcomes is the wrong goal. This Article argues that reformers seeking racial equality in sentencing are misguided in using the cocaine sentencing standards as a benchmark of... |
2014 |