| Author | Title | Citation | Summary | Year |
| Linda C. Fentiman |
RETHINKING ADDICTION: DRUGS, DETERRENCE, AND THE NEUROSCIENCE REVOLUTION |
14 University of Pennsylvania Journal of Law and Social Change 233 (2011) |
INTRODUCTION. 233 I. A LOOK AT FETAL PROTECTION PROSECUTIONS. 237 II. THE NATURE OF DRUG DEPENDENCE AND ADDICTION. 241 A. Neuroscience Research. 241 B. Genetic and Environmental Vulnerability. 244 C. Does Addiction Involve Choice?. 246 D. Gender Matters in Drug Dependence and Addiction. 249 1. Gender Implications for Treatment. 252 E. Pregnant... |
2011 |
| LaJuana Davis |
ROCK, POWDER, SENTENCING--MAKING DISPARATE IMPACT EVIDENCE RELEVANT IN CRACK COCAINE SENTENCING |
14 Journal of Gender, Race and Justice 375 (Spring 2011) |
For nearly a quarter of a century, federal law penalized crack cocaine offenses at a 100-to-1 sentencing ratio compared to powder cocaine offenses. The Anti-Drug Abuse Act of 1986 treated one gram of crack as equivalent to one hundred grams of powder cocaine for sentencing purposes, making crack the only drug that carried a five-year mandatory... |
2011 |
| Giuseppe M. Fazari, Assistant Trial Court Administrator, New Jersey Judiciary, Essex Vicinage |
TESTING THE VALIDITY OF PUPILLOMETER TECHNOLOGY AGAINST TRADITIONAL DRUG SCREENING INSTRUMENTS |
75-DEC Federal Probation 37 (December, 2011) |
THE PURPOSE OF THIS STUDY was to assess the validity of a pupillometer drug screening technology against two conventional measurements, urinalysis and oral swab, in screening probationers that were being monitored by a large urban court. Pupillometer screening is a relatively new procedure in retina technology and involves a self-administered... |
2011 |
| Brooke Mascagni |
THE POLITICS OF EXCLUSION IN CALIFORNIA'S MARIJUANA REFORM MOVEMENT |
15 University of the District of Columbia Law Review 33 (Fall 2011) |
After the 2008 national elections, drug reform activists capitalized on the election of President Barack Obama and the Democratic Party's Congressional takeover to make marijuana legalization a national issue. By the November 2010 mid-term elections, Californians had voted on Proposition 19 (Prop 19), the state initiative to tax and regulate... |
2011 |
| Seema Mohapatra, JD, MPH |
UNSHACKLING ADDICTION: A PUBLIC HEALTH APPROACH TO DRUG USE DURING PREGNANCY |
26 Wisconsin Journal of Law, Gender & Society 241 (Fall 2011) |
Introduction. 242 I. The Current Punitive Approach to Drug Use During Pregnancy: A Brief History. 246 II. Critiques of the Criminalization Approach to Substance Abuse During Pregnancy and the Need for a Public Health Based Approach. 252 A. Why Pregnant Drug Users Need Public Health Support, Not Criminal Sanctions. 253 B. Critiques By Medical and... |
2011 |
| Susan Stuart |
WAR AS METAPHOR AND THE RULE OF LAW IN CRISIS: THE LESSONS WE SHOULD HAVE LEARNED FROM THE WAR ON DRUGS |
36 Southern Illinois University Law Journal 1 (Fall, 2011) |
The recent assassination attempt against Congresswoman Gabrielle Giffords and the murder of a federal judge prompted a corollary discussion about the manifestation of political rhetoric, a war of words about words. The discussion, which strayed from sincere concern to inexplicable illogic at times, posed the not-surprising question: Did the... |
2011 |
| Dorothy E. Roberts |
WHAT'S WRONG WITH RACE-BASED MEDICINE?: GENES, DRUGS, AND HEALTH DISPARITIES |
12 Minnesota Journal of Law, Science & Technology 1 (Winter 2011) |
In June 2005, the Food and Drug Administration (FDA) announced a historic decision: it approved the first pharmaceutical indicated for a specific race. BiDil, a combination drug that relaxes the blood vessels, was authorized to treat heart failure in self-identified black patients. BiDil had been tested in the African-American Heart Failure Trial... |
2011 |
| Christina M. Gaudio |
A CALL TO CONGRESS TO GIVE BACK THE FUTURE: END THE "WAR ON DRUGS" AND ENCOURAGE STATES TO RECONSTRUCT THE JUVENILE JUSTICE SYSTEM |
48 Family Court Review 212 (January, 2010) |
While the War on Drugs has been criticized in many respects, there has been little attention given to the detrimental impact it has had on children. Fortunately, both state and federal governments are recognizing the problem and have begun taking steps to combat the negative effects the War on Drugs has had on children. More work however, still... |
2010 |
| Kimberly Y.W. Holst |
A GOOD SCORE?: EXAMINING TWENTY YEARS OF DRUG COURTS IN THE UNITED STATES AND ABROAD |
45 Valparaiso University Law Review 73 (Fall, 2010) |
In 2009, we saw the passing of the twentieth anniversary of drug courts in the United States. This timing presents an opportune moment to review the state of drug courts in the United States and the development of drug courts internationally. While the United States has served as a model and a leader in the creation and development of drug courts,... |
2010 |
| Nekima Levy-Pounds |
CAN THESE BONES LIVE? A LOOK AT THE IMPACTS OF THE WAR ON DRUGS ON POOR AFRICAN-AMERICAN CHILDREN AND FAMILIES |
7 Hastings Race and Poverty Law Journal 353 (Summer 2010) |
It is no secret that there is currently an incarceration crisis in America. A Pew Report issued in February of 2008 proved one of our worst fears: The United States now has the highest rate of incarceration in the world. In fact, according to the report, one in every one hundred adult Americans is presently incarcerated. One has to look no further... |
2010 |
| Richard C. Boldt |
DRUG POLICY IN CONTEXT: RHETORIC AND PRACTICE IN THE UNITED STATES AND THE UNITED KINGDOM |
62 South Carolina Law Review 261 (Winter 2010) |
I. The Legal and Social History of Drugs, Drug Abuse, and Drug Control in the United States. 265 A. Early History. 269 B. The Supreme Court Weighs In. 278 C. The Anslinger Years and the War on Drugs. 285 II. Drug Prohibition and the Social Negotiation of Norms. 291 A. The Consequentialist Basis for Drug Prohibition. 292 B. Legal Moralism and Drug... |
2010 |
| H. Morley Swingle , Prosecuting Attorney Cape Girardeau County |
DRUG RECOGNITON EXPERTS IN MISSOURI |
66 Journal of the Missouri Bar 250 (September/October, 2010) |
Missouri began its Drug Recognition Expert Program in 1992. As of 2010, there are 160 active certified drug recognition experts in Missouri. The Missouri Highway Patrol alone has 28, with at least two stationed in every troop in the state. Research indicates that these experts have testified in at least 26 of Missouri's 114 counties. Statewide,... |
2010 |
| Kristin Faucette |
FIRST AMENDMENT CHALLENGES TO THE FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT: BALANCING CONGRESS' INTEREST IN PRESERVING PUBLIC HEALTH WITH THE TOBACCO INDUSTRY'S RIGHT TO FREELY COMMUNICATE WITH ADULT SMOKERS |
6 Journal of Health & Biomedical Law 301 (2010) |
Cigarette smoking is the leading preventable cause of death in the United States, and tobacco use is responsible for roughly one in five deaths annually, or more than four hundred thousand deaths per year. According to the Institute of Medicine, smoking-related deaths account for more deaths than AIDS, alcohol, cocaine, heroin, homicide, suicide,... |
2010 |
| Alyssa L. Beaver |
GETTING A FIX ON COCAINE SENTENCING POLICY: REFORMING THE SENTENCING SCHEME OF THE ANTI-DRUG ABUSE ACT OF 1986 |
78 Fordham Law Review 2531 (April, 2010) |
The now-infamous War on Drugs campaign of the 1980s culminated in the adoption of the Anti-Drug Abuse Act of 1986, which included a provision for a one-hundred-to-one sentencing ratio of powder cocaine to crack cocaine. This ratio provides that the penalty for a crime involving five or ten grams of crack cocaine is equivalent to the sentence for... |
2010 |
| Seth Harp |
GLOBALIZATION OF THE U.S. BLACK MARKET: PROHIBITION, THE WAR ON DRUGS, AND THE CASE OF MEXICO |
85 New York University Law Review 1661 (November, 2010) |
Prohibition of alcohol from 1919 to 1933 is a paradigmatic case of sumptuary legislation gone awry. Instead of removing alcohol from the market, Prohibition increased alcohol's potency and decreased its quality, resulting in a spike in drunkenness and accidental deaths while black market corruption and violence abounded. The same criticisms are... |
2010 |
| Jonathan P. Caulkins, Peter Reuter |
HOW DRUG ENFORCEMENT AFFECTS DRUG PRICES |
39 Crime and Justice 213 (2010) |
Enforcement against drug selling remains the principal tool of drug control in the United States and many other countries. Though the risk of incarceration for a drug dealer has risen fivefold or more over the last 25 years in the United States, the prices of cocaine and heroin have fallen substantially. Different models of how enforcement affects... |
2010 |
| Kevin R. Johnson |
IT'S THE ECONOMY, STUPID: THE HIJACKING OF THE DEBATE OVER IMMIGRATION REFORM BY MONSTERS, GHOSTS, AND GOBLINS (OR THE WAR ON DRUGS, WAR ON TERROR, NARCOTERRORISTS, ETC.) |
13 Chapman Law Review 583 (Spring 2010) |
The title to this conference -- Drug War Madness: Policies, Borders, and Corruption--brings to mind many images, few of them positive. Although Mexico is not mentioned in the conference title, much of the live symposium at which this paper was originally presented discussed drug war madness in connection with the United States and Mexico. My... |
2010 |
| Judge Kevin S. Burke |
JUST WHAT MADE DRUG COURTS SUCCESSFUL? |
36 New England Journal on Criminal and Civil Confinement 39 (Winter, 2010) |
In the early 1970s, the United States saw a wave of new laws imposing dramatically harsher penalties for drug convictions. Court systems already inundated with serious offenses were flooded with drug cases as arrests for drug-related crimes in the United States jumped from 322,000 in 1970 to more than 1.3 million in 1998. Recidivism rates were... |
2010 |
| Kevin S. Burke |
JUST WHAT MADE DRUG COURTS SUCCESSFUL? |
94 Judicature 119 (November-December 2010) |
In the early 1970s, the United States saw a wave of new laws imposing dramatically harsher penalties for drug convictions. Court systems already inundated with serious offenses were flooded with drug cases as arrests for drug-related crimes in the United States jumped from 322,000 in 1970 to more than 1.3 million in 1998. Recidivism rates were... |
2010 |
| Kimani Paul-Emile |
MAKING SENSE OF DRUG REGULATION: A THEORY OF LAW FOR DRUG CONTROL POLICY |
19 Cornell Journal of Law & Public Policy 691 (Summer 2010) |
This Article advances a new theory of drug regulation that addresses two previously unexamined questions: how law-makers are able to regulate drugs differently irrespective of the dangers the drugs may pose and independent of their health effects, and the process followed to achieve this phenomenon. For example, although tobacco products are the... |
2010 |
| Deborah Ahrens |
METHADEMIC: DRUG PANIC IN AN AGE OF AMBIVALENCE |
37 Florida State University Law Review 841 (Summer, 2010) |
The story of criminal sanctions in modern America is a familiar-and depressing-narrative. According to the narrative, we live in an era where the dynamics of popular politics, the practices of the media, and the (often racialized) anxieties of modern life combine to create a one-way ratchet, in which we identify perceived new threats to public... |
2010 |
| Kirin F. Hilliar, Richard I. Kemp, Thomas F. Denson |
NOW EVERYONE LOOKS THE SAME: ALCOHOL INTOXICATION REDUCES THE OWN-RACE BIAS IN FACE RECOGNITION |
34 Law and Human Behavior 367 (October, 2010) |
Several factors influence the reliability of eyewitness identification evidence. Typically, recognition for same-race faces is better than for different-race faces (the own-race bias), and alcohol intoxication decreases overall face recognition accuracy. This research investigated how alcohol intoxication influences the own-race bias.... |
2010 |
| Matthew Avery |
PERSONALIZED MEDICINE AND RESCUING "UNSAFE" DRUGS WITH PHARMACOGENOMICS: A REGULATORY PERSPECTIVE |
65 Food & Drug Law Journal 37 (2010) |
For more than a decade, we have been on the verge of a new era in medicine, but scientific hurdles, adverse market pressures and outdated regulations have blocked progress .. Genomics holds the promise of revolutionary advances in medicine. Hopefully Congress will soon realize the enormous potential of genomics and pass this legislation to support... |
2010 |
| Sarah French Russell |
RETHINKING RECIDIVIST ENHANCEMENTS: THE ROLE OF PRIOR DRUG CONVICTIONS IN FEDERAL SENTENCING |
43 U.C. Davis Law Review 1135 (April, 2010) |
Recidivist sentencing enhancements, which increase criminal sentences for defendants with prior convictions, are a prominent feature of the federal criminal justice system. This Article considers the policy rationales supporting recidivist enhancements and reexamines them in light of two recent Supreme Court cases, United States v. Booker and... |
2010 |
| Celesta A. Albonetti , Robert D. Baller |
SENTENCING IN FEDERAL DRUG TRAFFICKING/MANUFACTURING CASES: A MULTILEVEL ANALYSIS OF EXTRA-LEGAL DEFENDANT CHARACTERISTICS, GUIDELINES DEPARTURES, AND CONTINUITY OF CULTURE |
14 Journal of Gender, Race and Justice 41 (Fall 2010) |
In the past three decades, researchers have conducted numerous sociological studies and legal analyses on the impact, if any, of extra-legal variables on outcomes in the legal system. Within this broadly defined area of study, a significant and growing body of scholarly research is focusing on examining outcome disparity in criminal adjudication in... |
2010 |
| Jennifer C. Pierotti |
THE "BOTTOM LINE": A SMOKESCREEN FOR THE REALITY THAT ANTI-TOBACCO EMPLOYMENT PRACTICES ARE HAZARDOUS TO MINORITY HEALTH AND EQUALITY |
26 Journal of Contemporary Health Law and Policy 441 (Spring, 2010) |
What new growing employment trend would disqualify Franklin Roosevelt, Winston Churchill, Albert Einstein, and President Barack Obama as potential employees, and make Adolf Hitler the best applicant? In light of the increasing number of private companies that are making tobacco use outside the workplace a disqualifying factor in employment... |
2010 |
| Richard C. Boldt |
THE "TOMAHAWK" AND THE "HEALING BALM" : DRUG TREATMENT COURTS IN THEORY AND PRACTICE |
10 University of Maryland Law Journal of Race, Religion, Gender and Class 45 (Spring 2010) |
There is a strong association in the United States (U.S.) between the misuse of alcohol and other drugs and criminal offending. The correlation is complex, as there are a number of predisposing factors that are common both to substance abuse and to criminal involvement, including poverty, unemployment, and mental illness. Whatever the precise... |
2010 |
| Sam Kamin, Associate Professor, Sturm College of Law, University of Denver |
THE CHALLENGES OF MARIJUANA LAW REFORM |
2010 Aspatore Special Report 22 (unknown) |
The past several years have seen an explosion of marijuana law reform in the United States. While marijuana remains a Schedule 1 narcotic whose sale and manufacture are prohibited by federal criminal laws, many states have moved to decriminalize the drug, to permit its use as a medicine and even, in some states, to legalize it completely. This... |
2010 |
| Alex Kreit |
THE DECRIMINALIZATION OPTION: SHOULD STATES CONSIDER MOVING FROM A CRIMINAL TO A CIVIL DRUG COURT MODEL? |
2010 University of Chicago Legal Forum 299 (2010) |
As states look to shave their corrections budgets in the midst of the recession, many are thinking about options to reform what is widely considered to be a bloated and ineffective approach to drug policy. While the effort to move beyond failed drug war policies and adopt smarter and more cost-effective measures is a positive step, the policy... |
2010 |
| Joel Gross |
THE EFFECTS OF NET-WIDENING ON MINORITY AND INDIGENT DRUG OFFENDERS: A CRITIQUE OF DRUG COURTS |
10 University of Maryland Law Journal of Race, Religion, Gender and Class 161 (Spring 2010) |
Proponents of therapeutic justice praise the drug court system for surpassing the traditional criminal justice system in lowering recidivism rates and reducing the negative effects associated with quality-of-life offenses. For example, a United States Department of Justice study of recidivism rates in the drug courts of Miami, Florida found that... |
2010 |