| Author | Title | Citation | Summary | Year |
| Steven B. Duke |
THE FUTURE OF MARIJUANA IN THE UNITED STATES |
91 Oregon Law Review 1301 (2013) |
Introduction. 1302 I. Marijuana Legislation: Past, Present, and Uncertain Future. 1302 II. Some Reasons for Ending Marijuana Prohibition. 1307 A. Marijuana Is Far Less Harmful than Many Legal, Regulated Drugs. 1307 B. Regulation of the Drug Is Possible Only If Prohibition Is Repealed. 1308 C. Prohibition Breeds Crime and Supports Criminal... |
2013 |
| Bruce D. Stout , Bennett A. Barlyn |
THE HUMAN AND FISCAL TOLL OF AMERICA'S DRUG WAR: ONE STATE'S EXPERIENCE |
6 Albany Government Law Review 525 (2013) |
Introduction. 526 I. 1986-87: New Jersey's Drug War Battle Plan is Drawn. 529 A. The Comprehensive Drug Reform Act of 1987. 529 B. The Statewide Action Plan for Narcotics Enforcement of 1987. 534 II. 1987-1998: New Jersey's Drug War is Unleashed. 536 A. Prison Growth, Collateral Consequences, Racial Disparity and Costs. 536 B. The New Jersey State... |
2013 |
| Peter Reuter |
WHY HAS US DRUG POLICY CHANGED SO LITTLE OVER 30 YEARS? |
42 Crime and Justice 75 (2013) |
Though almost universally criticized as overly punitive, expensive, racially disparate in impact, and ineffective, American drug policy remained largely unchanged from 1980 to 2010. Marijuana is an important exception: policy and law underwent many changes, with the strong likelihood of more, involving increased legal access to the drug, in the... |
2013 |
| André Douglas Pond Cummings |
"ALL EYEZ ON ME": AMERICA'S WAR ON DRUGS AND THE PRISON-INDUSTRIAL COMPLEX |
15 Journal of Gender, Race and Justice 417 (Spring 2012) |
In 1971, President Richard Nixon named drug abuse public enemy number one in the United States. Since that time, an explicit War on Drugs has dominated the political imagination of the United States. Since declaring a War on Drugs, domestic incarceration rates have exploded, particularly in the African-American and Latino populations.... |
2012 |
| Susan P. Stuart |
A NEW SHERIFF IN TOWN: ARMISTICE IN THE WAR ON DRUGS AND STUDENTS' CIVIL RIGHTS |
13 Florida Coastal Law Review 335 (Spring 2012) |
For nearly thirty years, the United States government has been at war with its children over their use of drugs in schools. The government's victories in that war have been Pyrrhic and its victims many. Setting aside for purposes of this analysis how the government became set on this course of war, one must acknowledge the weapons and battle... |
2012 |
| Gabrielle D. Schneck |
A WAR ON CIVILIANS: DISASTER CAPITALISM AND THE DRUG WAR IN MEXICO |
10 Seattle Journal for Social Justice 927 (Spring, 2012) |
Within days of his inauguration in December 2006, Mexican President Felipe Calderón declared war on organized crime. In particular, Calderón aimed to confront the powerful cartels that control the drug trade and other illicit industries such as human trafficking. Following a highly contested election, Calderón entered office amid accusations of... |
2012 |
| Amy L. (Williams) Kluesner |
AND THEY'RE OFF: ELIMINATING DRUG USE IN THOROUGHBRED RACING |
3 Harvard Journal of Sports & Entertainment Law 297 (Summer, 2012) |
C1-2Table of Contents I. Introduction. 297 II. Drug Use, Current Regulation, and the Need for Uniformity. 300 A. Inconsistent State Regulation. 302 B. Improving Transparency and Uniform Disclosure. 303 III. Welfare and Safety of the Racehorse Summit. 306 IV. Regulation of Non-Steroidal Anti-inflammatory Drugs. 309 A. Phenylbutazone. 309 B.... |
2012 |
| Robert Weisberg |
APPROACHES TO ASSESSING THE EFFECTS OF MARIJUANA CRIMINAL LAW REPEAL IN CALIFORNIA |
43 McGeorge Law Review 1 (2012) |
In almost passing Proposition 19, California came close to testing some important assumptions and predictions about the legal, political, and social effects of the repeal of a major criminal prohibition. Let me put these assumptions and predictions in a wider context. What would happen to crime and criminal justice if there were no longer criminal... |
2012 |
| Michael J. Malinowski |
DOCTORS, PATIENTS, AND PILLS--A SYSTEM POPPING UNDER TOO MUCH PHYSICIAN DISCRETION? A LAW-POLICY PRESCRIPTION TO MAKE DRUG APPROVAL MORE MEANINGFUL IN THE DELIVERY OF HEALTH CARE |
33 Cardozo Law Review 1085 (February, 2012) |
This Article challenges the scope of physician discretion to engage in off-label use of prescription drugs. The discretion to prescribe dimensions beyond the clinical research that puts new drugs on pharmacy shelves has been shaped by two historic influences: a legacy of physician paternalism, solidarity, autonomy, and self-determination that... |
2012 |
| Michael J. Malinowski , Grant G. Gautreaux |
DRUG DEVELOPMENT--STUCK IN A STATE OF PUBERTY?: REGULATORY REFORM OF HUMAN CLINICAL RESEARCH TO RAISE RESPONSIVENESS TO THE REALITY OF HUMAN VARIABILITY |
56 Saint Louis University Law Journal 363 (Winter 2012) |
Scathing critiques of the Food and Drug Administration's (FDA) performance by the Government Accountability Office and Institutes of Medicine, a plummet in innovative new drug approvals in spite of significant annual investment increases in biopharmaceutical research and development (R&D), and market controversies such as the painkiller Vioxx... |
2012 |
| Lance McMillian |
DRUG MARKETS, FRINGE MARKETS, AND THE LESSONS OF HAMSTERDAM |
69 Washington and Lee Law Review 849 (Spring, 2012) |
The Wire is the greatest television series of all-time. Not only that, it is the most important. One of the most memorable story arcs from The Wire's five seasons is the rise and fall of Hamsterdam--a quasi-legalized drug zone in West Baltimore. Stories are powerful teaching tools because they marry information and context. By seeing how the... |
2012 |
| David McCord |
LETHAL CONNECTION: THE "WAR ON DRUGS" AND DEATH SENTENCING |
15 Journal of Gender, Race and Justice 1 (Winter 2012) |
Many defendants on death row committed murders in which illegal drugs were somehow involved. This Article attempts to explain and quantify the involvement of drugs in the cases of death-sentenced defendants during the six-year period of 2004 to 2009 and to imagine the ways that death rows would look different if there had been no War on Drugs.... |
2012 |
| Susan F. Mandiberg |
MARIJUANA PROHIBITION AND THE SHRINKING OF THE FOURTH AMENDMENT |
43 McGeorge Law Review 23 (2012) |
This article addresses the effect that criminalization of marijuana (as opposed to drugs in general) may have had on the development of Fourth Amendment law. Many commentators have thought that the War on Drugs contributed to a shrinking of protections against unreasonable searches and seizures. Our focus is to determine what role marijuana might... |
2012 |
| Stephen Hunter , John Douard , Susan Green , Larry Bembry |
NEW JERSEY'S DRUG COURTS: A FUNDAMENTAL SHIFT FROM THE WAR ON DRUGS TO A PUBLIC HEALTH APPROACH FOR DRUG ADDICTION AND DRUG-RELATED CRIME |
64 Rutgers Law Review 795 (Spring 2012) |
I. Introduction. 795 II. The History and Legal Development of Drug Courts in New Jersey. 796 A. New Jersey's War on Drugs . 796 B. Drug Courts Come to New Jersey. 806 C. Drug Court Appellate Litigation. 810 III. A Public Health Framework for Drug Courts. 816 A. Drug Courts: Treatment Not (Solely) Punishment. 818 B. A Public Health Law Framework... |
2012 |
| Leslie A. Shoebotham |
OFF THE FOURTH AMENDMENT LEASH?: LAW ENFORCEMENT INCENTIVES TO USE UNRELIABLE DRUG-DETECTION DOGS |
14 Loyola Journal of Public Interest Law 251 (Fall, 2012) |
Currently pending before the United States Supreme Court are two Fourth Amendment cases, Florida v. Jardines, and Florida v. Harris, that will likely have far-reaching consequences in determining the reasonableness of our expectations of privacy. Both cases involve canine drug-detection sniffs, but are anticipated to provide insight into the scope... |
2012 |
| Annemarie Daly Linares |
OPIOID PSEUDOADDICTION: A CASUALTY OF THE WAR ON DRUGS, RACISM, SEXISM, AND OPIOPHOBIA |
15 Quinnipiac Health Law Journal 89 (2011-2012) |
Pain is one of the most pervasively dreaded of all of the symptoms of illness, and yet, the under-treatment of pain occurs frequently. In the United States, under-treated pain occurs in sixty to seventy percent of patients. Since the 1990's, organizations like the American Pain Society have brought the issue of under-treatment of pain to national... |
2012 |
| Ron A. Bouchard |
QUALIFYING INTELLECTUAL PROPERTY I: HARMONIZED MEASUREMENT OF NEW AND FOLLOW-ON DRUG APPROVALS, PATENTS AND CHEMICAL COMPONENTS |
18 Boston University Journal of Science and Technology Law 38 (Winter 2012) |
Correspondence: Dr. Ron A. Bouchard Faculties of Law and Medicine University of Manitoba 300N Robson Hall, 224 Dysart Road Winnipeg, MB, Canada R3T 2N2 Tel: +1.204.474.6717 Fax: +1.204.474.7580 Email: ron.a.bouchard@gmail.com The purpose of this study was to develop a harmonized method to collect, compare and quantify regulatory approval, patenting... |
2012 |
| Hal Budnick |
SMOKING OUT RACISM IN THE FDNY: THE DWINDLING USE OF RACE-CONSCIOUS HIRING REMEDIES |
77 Brooklyn Law Review 1249 (Spring, 2012) |
The New York City Fire Department (the Fire Department or FDNY), despite its proud history, remains an organization unwelcoming to minorities. In 2007, the United Stateslater joined by the Vulcan Society and individual plaintiffs brought suit against the Fire Department alleging that it discriminated against blacks and Hispanics in violation of... |
2012 |
| Aaron Roussell |
THE FORENSIC IDENTIFICATION OF MARIJUANA: SUSPICION, MORAL DANGER, AND THE CREATION OF NON-PSYCHOACTIVE THC |
22 Albany Law Journal of Science and Technology 103 (2012) |
Federal and state laws present marijuana as a dangerous substance requiring coercive control and forbid private citizens from possessing, selling, or growing it. Possession cases brought under these laws depend on a forensic confirmation of taxonomic identity as Cannabis sativa to establish and successfully prosecute a case. Hemp Industries... |
2012 |
| Ari Rosmarin |
THE PHANTOM DEFENSE: THE UNAVAILABILITY OF THE ENTRAPMENT DEFENSE IN NEW YORK CITY "PLAIN VIEW" MARIJUANA ARRESTS |
21 Journal of Law & Policy 189 (2012) |
New York City Police Department (NYPD) officers stopped a twenty-nine-year-old black truck driver leaving a Bronx housing project one evening. According to the man, [The officers] told me to show them if I had anything illegal. They said if I didn't have much, there'd be no problem. So I took out the nickel bag and they arrested me. I said Come... |
2012 |
| Heather Schoenfeld |
THE WAR ON DRUGS, THE POLITICS OF CRIME, AND MASS INCARCERATION IN THE UNITED STATES |
15 Journal of Gender, Race and Justice 315 (Spring 2012) |
In November 2010, California voters narrowly defeated a ballot initiative to legalize the possession and sale of up to an ounce of marijuana. Support for the initiative reflected both a shift in public attitudes about drug use and the reality of the largest recession since the Great Depression. After signing a previous bill into law that... |
2012 |
| Brian Gilmore |
AGAIN AND AGAIN WE SUFFER: THE POOR AND THE ENDURANCE OF THE "WAR ON DRUGS" |
15 University of the District of Columbia Law Review 59 (Fall 2011) |
Our drug policy has become a tale of two cities, or more accurately a tale of two classes - one rich and one poor. - Congressmen Donald Payne Rather, the drug war is crafted to target poor peasants abroad and poor people at home; by use of force, not constructive measures to alleviate the problems that allegedly motivate it, at a fraction of... |
2011 |
| Kami Chavis Simmons |
BEGINNING TO END RACIAL PROFILING: DEFINITIVE SOLUTIONS TO AN ELUSIVE PROBLEM |
18 Washington and Lee Journal of Civil Rights and Social Justice 25 (Fall, 2011) |
C1-3Table of Contents I. Racial Profiling: The Problem of Proof. 31 A. Proving Racial Profiling: Dueling Statistics. 32 B. The Difficulty Sustaining Racial Profiling Claims Based on Equal Protection. 37 II. The Harms of Racial Profiling. 39 A. Racial Profiling Imposes a Racial Tax on Impacted Individuals and Groups. 40 B. Racial Profiling... |
2011 |
| Stacy A. Hickox |
CLEARING THE SMOKE ON MEDICAL MARIJUANA USERS IN THE WORKPLACE |
29 Quinnipiac Law Review 1001 (2011) |
Wal-Mart employee Joseph Casias was discharged after testing positive for marijuana despite his status as a former employee of the month. As a registered medical marijuana user for his sinus cancer and brain tumor, Mr. Casias thought that he was protected against discharge under Michigan's Medical Marihuana Act (MMMA). Wal-Mart believed he was not.... |
2011 |
| Honorable Juan R. Torruella |
DÉJÀ VU: A FEDERAL JUDGE REVISITS THE WAR ON DRUGS, OR LIFE IN A BALLOON |
20 Boston University Public Interest Law Journal 167 (Spring 2011) |
The so-called War on Drugs is a perfect example to which one can apply the semi-humorous play on words, we have met the enemy and he is us. Not much more is humorous about this War. Fourteen years ago, when in the course of a lecture at Colby College in Maine I first made public my private views regarding this subject, it was already clear to... |
2011 |
| Kip Nelson |
EMPOWERING THE SENTENCING COMMISSION: A DIFFERENT RESOLUTION TO THE COCAINE SENTENCING DRAMA |
38 Rutgers Law Record 1 (2010-2011) |
Cocaine sentencing policy has been the source of vociferous debate for more than twenty years. Under the traditional sentencing scheme, criminal defendants convicted of crack cocaine offenses (who were usually black) were disproportionately sentenced to longer prison terms than defendants convicted of powder cocaine offenses (who were usually not).... |
2011 |
| Thomas J. Moran |
JUST A LITTLE BIT OF HISTORY REPEATING: THE CALIFORNIA MODEL OF MARIJUANA LEGALIZATION AND HOW IT MIGHT AFFECT RACIAL AND ETHNIC MINORITIES |
17 Washington and Lee Journal of Civil Rights and Social Justice 557 (Spring, 2011) |
C1-3Table of Contents L1-2Introduction . L3557 I. When Marijuana Was Marihuana, the Killer Weed. 561 II. The Whitening of Marijuana. 566 III. The Present Day Costs of Marijuana Prohibition. 570 A. Generally, Marijuana Prohibition Has Not Worked. 570 B. The Cost of Prohibition on Minorities. 573 IV. Is Legislation such as California's Marijuana... |
2011 |
| Marne L. Lenox |
NEUTRALIZING THE GENDERED COLLATERAL CONSEQUENCES OF THE WAR ON DRUGS |
86 New York University Law Review 280 (April, 2011) |
As a result of the War on Drugs, women are disproportionately impacted by the civil sanctions resulting from felony drug convictions. While legislation imposing collateral consequences of felony drug convictions does not explicitly discriminate against women, these laws reflect sex-based institutional biases and are thereby unequal in effect. While... |
2011 |
| Martin D. Carcieri |
OBAMA, THE FOURTEENTH AMENDMENT, AND THE DRUG WAR |
44 Akron Law Review 303 (2011) |
Had those who drew and ratified the Due Process Clauses of the Fifth and Fourteenth Amendments known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary... |
2011 |
| Doris Marie Provine |
RACE AND INEQUALITY IN THE WAR ON DRUGS |
7 Annual Review of Law and Social Science 41 (2011) |
crack-cocaine disparity, prohibitionism, criminalization, color-blind racism, equal protection Drug use is pervasive, generally private, and of long standing. The social effects are sometimes problematic, but it is a large step to declare a war on drug use. This review considers how that approach came to be adopted in the United States and why it... |
2011 |