| Author | Title | Citation | Summary | Year |
| David Borden |
IF HARD DRUGS WERE LEGALIZED, WOULD MORE PEOPLE USE THEM? |
12 Cardozo Public Law, Policy and Ethics Journal 569 (Summer 2014) |
Introduction. 570 I. The Known Disasters of Prohibition. 574 A. State Weakness and Insurgency. 574 B. Street Crime. 575 C. Making Drugs and Addiction More Damaging to Users. 577 D. Excesses of the Current Drug War. 579 II. The Uncertainties of Legalization. 583 A. Not All Drugs Are Equal. 584 B. What Would Happen to Harm?. 585 C. Different Drugs... |
2014 |
| Mona Lynch , Marisa Omori |
LEGAL CHANGE AND SENTENCING NORMS IN THE WAKE OF BOOKER: THE IMPACT OF TIME AND PLACE ON DRUG TRAFFICKING CASES IN FEDERAL COURT |
48 Law and Society Review 411 (June, 2014) |
The federal sentencing guidelines have lost some authoritative force since the U.S. Supreme Court ruled in a series of recent cases that the guidelines are advisory, rather than presumptive, in determining criminal sentences. While these court decisions represent a dramatic legal intervention, sociolegal scholarship suggests that organizational... |
2014 |
| Danielle Snyder , St. Thomas University School of Law, Miami Gardens |
ONE SIZE DOES NOT FIT ALL: A LOOK AT THE DISPROPORTIONATE EFFECTS OF FEDERAL MANDATORY MINIMUM DRUG SENTENCES ON RACIAL MINORITIES AND HOW THEY HAVE CONTRIBUTED TO THE DEGRADATION OF THE UNDERPRIVILEGED AFRICAN-AMERICAN FAMILY |
36 Hamline Journal of Public Law and Policy 77 (Fall, 2014) |
If you stand in a Federal Court, you're watching poor and uneducated people being fed into a machine like meat to make sausage. It's just bang, bang, bang, bang, next! says journalist Charles Bowden in Eugene Jarecki's documentary film entitled, The House I Live In. This metaphorical butchery concept illustrates the harsh and unfair nature of... |
2014 |
| David S. Schwartz |
PRESIDENTIAL POLITICS AS A SAFEGUARD OF FEDERALISM: THE CASE OF MARIJUANA LEGALIZATION |
62 Buffalo Law Review 599 (May, 2014) |
How does the United States constitutional system best preserve federalism? The debate over the so-called political safeguards of federalism asks whether federal courts can and should defer to the political process or instead apply non-deferential judicial review when confronting a claim that federal legislation has exceeded the enumerated powers... |
2014 |
| Kyle Cassidy |
REINING IN THE USE OF PERFORMANCE ENHANCING DRUGS IN HORSERACING: WHY A FEDERAL REGULATION IS NEEDED |
24 Seton Hall Journal of Sports and Entertainment Law 121 (2014) |
Introduction. 122 I. Current Regulation of Performance-enhancing Drugs and how the System Fosters Trainer Misconduct. 124 A. The History of Thoroughbred Horseracing and its Regulatory Scheme. 124 B. Why Horseracing's Current Regulatory Scheme is Problematic. 128 C. Specific Issues that Arise Under the Current Regulatory Scheme. 129 1. The Current... |
2014 |
| Ben Jakovljevic |
TERROR IN TRADING: SHOULD THE UNITED STATES CLASSIFY MEXICAN DRUG TRAFFICKING ORGANIZATIONS AS TERRORIST ORGANIZATIONS? |
23 Southern California Interdisciplinary Law Journal 355 (Winter 2014) |
Drug policy reform in the United States is a controversial topic that has generated much discussion but little substantive change. One strategy proposed that could both generate broad support and retain the U.S. principle of getting tough on drugs is to attack Mexican drug trafficking organizations (MDTOs) by treating them as Foreign Terrorist... |
2014 |
| Quincy Booth |
THE IMPACTS OF MARIJUANA LEGALIZATION AND DECRIMINALIZATION ON HISTORICALLY TARGETED MINORITY GROUPS |
16 Lawyers Journal 12 (April 4, 2014) |
Editor's note: This was the winning essay in the Oliver L. Johnson Scholarship Essay contest that is held annually during the ACBA's Black History Month. The author is a 2L student at the University of Pittsburgh School of Law. In a 2014 interview with David Remnick from The New Yorker, President Barack Obama stated: African-American kids and... |
2014 |
| Mirko Bagaric , Samantha Hepburn , Lidia Xynas |
THE SENSELESS WAR: THE SENTENCING DRUG OFFENSES ARMS RACE |
16 Oregon Review of International Law 1 (2014) |
2 Introduction. 2 Overview of the Fifty-Year War on Illicit Drugs. 2 Structure of the Article and Definitional Matters. 3 I. Current Approach to Sentencing Drug Offenders. 7 A. The Number of Drug Prisoners in the United States and Its Approach to the Sentencing of Drug Offenders. 7 B. The Number of Drug Prisoners in Australia and the... |
2014 |
| Andrew L. Scherf , Hamline University School of Law |
THE SOCIETAL AND ECONOMIC IMPACTS OF RECENT DRAMATIC SHIFTS IN STATE MARIJUANA LAW: HOW SHOULD MINNESOTA PROCEED IN THE FUTURE? |
36 Hamline Journal of Public Law and Policy 119 (Fall, 2014) |
In writing this article, I set out to analyze the different types of existing marijuana laws in the United States including the federal laws, state marijuana decriminalization laws, medical marijuana laws, and recreational marijuana laws. Marijuana is illegal in all aspects at the federal government level, and is characterized as a Schedule 1... |
2014 |
| Blake Courlang |
THE WAR ON DRUGS IS OVER (IF YOU WANT IT): STATE DRUG COURTS AS AN ALTERNATIVE TO CRIMINAL COURTS FOR LOW-LEVEL, NONVIOLENT DRUG OFFENDERS |
16 Cardozo Journal of Conflict Resolution 265 (Fall 2014) |
On August 12, 2013, United States Attorney General Eric Holder revealed that he recommended a modification of the Department of Justice's charging policies regarding mandatory minimum sentences for certain low-level, nonviolent drug offenders, giving federal prosecutors discretion based on the circumstances of the case and no longer requiring the... |
2014 |
| Taylor E. Whitten |
UNDER THE GUISE OF REFORM: HOW MARIJUANA POSSESSION IS EXPOSING THE FLAWS IN THE CRIMINAL JUSTICE SYSTEM'S GUARANTEE OF A RIGHT TO A JURY TRIAL |
99 Iowa Law Review 919 (January, 2014) |
Recent Supreme Court decisions have restricted a criminal defendant's right to a jury trial. By setting the threshold to trigger a jury trial right at six-months imprisonment, the Supreme Court once feared that the legislature might classify serious crimes as petty, and take away a defendant's right to a jury trial. But what if the... |
2014 |
| Kristine Schanbacher |
BEHIND THE VEIL OF THE WAR ON DRUGS: AN INSTITUTIONAL ATTACK ON THE AFRICAN AMERICAN COMMUNITY |
16 Scholar: St. Mary's Law Review on Race and Social Justice 103 (2013) |
I. Media Portrayal. 106 II. Unchecked Police Discretion. 108 III. Unchecked Prosecutorial Discretion. 113 IV. Harsh Sentencing Policies. 117 A. Sentencing Disparity Between Crack Cocaine and Powder Cocaine. 117 B. School Zone Drug Laws. 119 C. Prior Offense Sentencing Policies. 120 V. Conclusion. 121 |
2013 |
| Carla-Michelle Adams, Esq. |
CRIMINALIZATION IN SHADES OF COLOR: PROSECUTING PREGNANT DRUG-ADDICTED WOMEN |
20 Cardozo Journal of Law & Gender 89 (Fall 2013) |
The development of the fetal protection movement and the legal acknowledgement of fetal rights has resulted in states beginning to hold expecting mothers legally accountable for their drug abuse during pregnancy through the imposition of criminal sanctions. It is estimated that each year 375,000 drug dependent infants will be born from... |
2013 |
| Brian G. Gilmore , Reginald Dwayne Betts |
DECONSTRUCTING CARMONA: THE U.S. WAR ON DRUGS AND BLACK MEN AS NON-CITIZENS |
47 Valparaiso University Law Review 777 (Spring, 2013) |
The Negritude movement poet, Aimé Césaire of Martinique, wrote in his book, Discourse on Colonialism, A civilization that proves incapable of solving the problems it creates is a decadent civilization. Césaire, at the time, was critiquing colonial rule of Europe over developing societies all over the world and had declared that Europe was... |
2013 |
| Ernest Drucker |
DRUG LAW, MASS INCARCERATION, AND PUBLIC HEALTH |
91 Oregon Law Review 1097 (2013) |
Introduction. 1098 I. Drug Law and the Growth of U.S. Prisons. 1099 A. Recent Trends in Incarceration. 1102 B. Public Attitudes About Incarceration. 1103 C. Drug Law and Policy Reform. 1106 D. The Privatization of Correctional Services. 1108 E. The Prison Reentry Industry. 1109 II. New and Developing Reasons for Mass Incarceration. 1111 A.... |
2013 |
| Deborah Ahrens |
DRUG PANICS IN THE TWENTY-FIRST CENTURY: ECSTASY, PRESCRIPTION DRUGS, AND THE REFRAMING OF THE WAR ON DRUGS |
6 Albany Government Law Review 397 (2013) |
Introduction. 398 I. A Brief History of Drug Panic. 400 II. Drug Panic in the Twenty-First Century. 404 III. Increasingly Muted Responses to New Perceived Panics. 419 IV. The Quiet, Fitful Ebb of the War on Drugs. 430 Conclusion. 436 |
2013 |
| Mark Osler |
DRUGS, BOMBS, AND THE EROSION OF RIGHTS |
11 Ohio State Journal of Criminal Law 249 (Fall, 2013) |
David K. Shipler, The Rights of the People: How Our Search for Safety Invades Our Liberties (New York: Vintage Books 2012) In the days and months after the terrorist attack on the World Trade Center and the Pentagon on September 11, 2001, Americans faced a fundamental quandary: were we willing to give away some of our rights, particularly our... |
2013 |
| Valerie F. Reyna, Katherine Croom, Lisa Staiano-Coico, Martin L. Lesser, Deborah Lewis, Jeremy Frank, Timothy C. Marchell, Cornell University, City College of New York, Weill Medical College of Cornell University and Feinstein Institute for Medical Resear |
ENDORSEMENT OF A PERSONAL RESPONSIBILITY TO ADHERE TO THE MINIMUM DRINKING AGE LAW PREDICTS CONSUMPTION, RISKY BEHAVIORS, AND ALCOHOL-RELATED HARMS |
19 Psychology, Public Policy, and Law 380 (August, 2013) |
Despite minimum drinking age laws, underage college students engage in high levels of risky drinking and reach peak lifetime levels of alcohol dependence. A group of presidents of universities and colleges has argued that these laws promote disrespect for laws in general and do not prevent drinking or related negative consequences. However, no... |
2013 |
| Benjamin Fleury-Steiner , Lionel R. Smith , Tanya N. Whittle , Michael Burtis |
FROM THE BATTLEFIELD TO THE WAR ON DRUGS: LESSONS FROM THE LIVES OF MARGINALIZED AFRICAN AMERICAN MILITARY VETERANS |
6 Albany Government Law Review 464 (2013) |
Introduction. 465 I. The Myth of the Addicted Army and the Launching of the Modern War on Drugs. 468 A. Nixon as Architect. 468 B. From Reagan's War to the Present. 471 II. The Lives of Marginalized African American Veterans. 473 III. Vietnam Era. 474 A. Carl: Help for Vets' Wasn't on Billboards. . 474 B. Charles: You black, you must have... |
2013 |
| Nekima Levy-Pounds |
GOING UP IN SMOKE: THE IMPACTS OF THE DRUG WAR ON YOUNG BLACK MEN |
6 Albany Government Law Review 563 (2013) |
I. An Overview of the War on Drugs. 567 A. The Shift Away from Judicial Discretion. 569 B. Is it Crack? is it Powder? Is it Different?. 570 II. New Developments in Marijuana Legalization Initiatives. 573 III. Unintended Consequences of Marijuana Legalization. 582 IV. Collateral Effects of Criminal Justice Involvement. 583 Conclusion. 588 For the... |
2013 |
| Dan Werb |
HEROIN PRESCRIPTION, HIV, AND DRUG POLICY: EMERGING REGULATORY FRAMEWORKS |
91 Oregon Law Review 1213 (2013) |
Introduction. 1213 I. Current Drug Enforcement Policies. 1215 II. Responses to Opioid Dependence. 1217 A. Medical Regulation of Opioid Derivatives. 1217 B. Current Clinical Treatments for Opioid Addiction. 1218 C. Heroin Prescription. 1219 1. Administration of Heroin-Assisted Treatment (HAT). 1220 2. Results of HAT. 1221 III. Policy Implications.... |
2013 |
| Patrick Eoghan Murray |
IN NEED OF A FIX: REFORMING CRIMINAL LAW IN LIGHT OF A CONTEMPORARY UNDERSTANDING OF DRUG ADDICTION |
60 UCLA Law Review 1006 (April, 2013) |
This Comment challenges the assumption that actions associated with drug addiction can be easily classified as either voluntary or involuntary. As an alternative to this black-and-white distinction, this Comment advances the concept of a semi-voluntary act category to describe more accurately a drug addict's choice to use drugs. When limited... |
2013 |
| Mona Lynch |
INSTITUTIONALIZING BIAS: THE DEATH PENALTY, FEDERAL DRUG PROSECUTIONS, AND MECHANISMS OF DISPARATE PUNISHMENT |
41 American Journal of Criminal Law 91 (Winter 2013) |
I. Introduction. 91 II. Two Contemporary Systems of Punishment. 93 A. The Federal Sentencing System in the Guidelines Era. 93 B. The Modern American Capital Sentencing System. 97 III. What is (Institutionalized) Racial Bias?. 100 A. Predominant Social Scientific Perspectives on Racism. 100 B. Contemporary Legal Understandings of Racism. 103 C.... |
2013 |
| Steven W. Bender |
JOINT REFORM?: THE INTERPLAY OF STATE, FEDERAL, AND HEMISPHERIC REGULATION OF RECREATIONAL MARIJUANA AND THE FAILED WAR ON DRUGS |
6 Albany Government Law Review 359 (2013) |
Introduction. 360 I. Domestic Regulation of Marijuana. 361 A. The History of U.S. Marijuana Regulation. 361 B. The U.S. War on Drugs. 365 C. Trends of State Decriminalization and Legalization. 368 D. The Interplay of Federal and State Regulation of Marijuana Use. 375 II. Hemispheric Implications of Legalizing Recreational Marijuana Use. 383 III.... |
2013 |
| Carol S. Steiker |
LESSONS FROM TWO FAILURES: SENTENCING FOR COCAINE AND CHILD PORNOGRAPHY UNDER THE FEDERAL SENTENCING GUIDELINES IN THE UNITED STATES |
76 Law and Contemporary Problems 27 (2013) |
The Federal Sentencing Guidelines adopted in the United States in 1987 and rendered advisory by the Supreme Court's decision in 2005 in United States v. Booker have been the subject of a wide variety of criticisms over the past twenty-five years. But no specific aspects of the Guidelines have been more controversial than the treatment of offenders... |
2013 |
| Eric Cory Rosenberg |
MANDATORY DRUG SCREENING FOR WELFARE RECIPIENTS: FISCALLY RESPONSIBLE LIMITATION ON GOVERNMENT HANDOUTS OR CONSTITUTIONAL VIOLATION? |
10 Rutgers Journal of Law & Public Policy 205 (Spring, 2013) |
There is a long history of political maneuvering that surrounds social welfare legislation and government entitlement programs at both the national and state level. One aspect that has received increased attention during the recent economic downturn is mandatory drug screening, which has been a tool for politicians seeking to conserve taxpayer... |
2013 |
| Sam Kamin , Eli Wald |
MARIJUANA LAWYERS: OUTLAWS OR CRUSADERS? |
91 Oregon Law Review 869 (2013) |
Introduction. 870 I. A History of Marijuana in the United States. 872 A. Federal Law. 872 1. The Birth of Marijuana Prohibition. 872 2. DEA Regulation. 874 B. State Regulation. 875 C. Uneasy Federalism--The Impact of State Marijuana Laws. 880 II. Representation of Marijuana Clients: Criminal Concerns. 886 A. Accomplice Liability. 886 B.... |
2013 |
| Taylor F. Smith , Matthew A. Maccani , Valerie S. Knopik |
MATERNAL SMOKING DURING PREGNANCY AND OFFSPRING HEALTH OUTCOMES: THE ROLE OF EPIGENETIC RESEARCH IN INFORMING LEGAL POLICY AND PRACTICE |
64 Hastings Law Journal 1619 (August, 2013) |
Scientific advances in epidemiology and epigenetics emphasize the importance of prenatal and intergenerational environmental influences and epigenetic regulation in altering vulnerability for later health outcomes. These findings may have wide-ranging legal implications; however, to avoid misapplication, a thorough understanding of the scientific... |
2013 |
| Alexandra B. Bonneau |
OFFENSIVE DRUG OFFENSES: APPLYING PROCEDURAL JUSTICE THEORY TO DRUG SENTENCING IN THE UNITED STATES AND UNITED KINGDOM |
93 Boston University Law Review 1485 (July, 2013) |
Introduction. 1485 I. The Foundations of Anglo-American Sentencing. 1488 A. The Theory of Retribution. 1489 B. Current Sentencing Theory in the United States and the United Kingdom. 1491 1. Legislative Embodiment of Sentencing Principles. 1491 2. Implementation of Sentencing Principles. 1494 II. Punishing Drug Offenses. 1498 A. A Brief History of... |
2013 |
| Mena Ghaly |
THE FAIR SENTENCING ACT OF 2010 AND FEDERAL COCAINE SENTENCING POLICY-- HOW CONGRESS CONTINUES TO ALLOW IMPLICIT RACIAL ANIMUS TOWARDS AFRICAN AMERICANS TO PERMEATE FEDERAL COCAINE SENTENCING |
14 Rutgers Race & the Law Review 135 (2013) |
On November 4, 2008, Barack Hussein Obama was elected President of the United States in a landslide victory over his opponent, becoming the first African American President. Commentators and journalists alike heralded President Obama's victory a [t]ransformation of America and the beginning of a post-racial society. The host of a popular news... |
2013 |