| Author | Title | Citation | Summary | Year |
| Erik S. Siebert |
THE PROCESS IS THE PROBLEM: LESSONS LEARNED FROM UNITED STATES DRUG SENTENCING REFORM |
44 University of Richmond Law Review 867 (January, 2010) |
The United States drug sentencing structure is one of the most complex, commonly used, and criticized systems in the federal courts. From its clear and focused origin, the federal sentencing system has morphed into a tangled mass of rules and regulations that few grasp and even fewer like. It has been criticized for being unfair and racially... |
2010 |
| John Stogner |
THE WAR ON WHISKEY IN THE WOMB: ASSESSING THE MERIT OF CHALLENGES TO STATUTES RESTRICTING THE ALCOHOL INTAKE OF PREGNANT WOMEN |
7 Rutgers Journal of Law & Public Policy 259 (Spring, 2010) |
I. Introduction. 260 II. The Concerns over Drinking While Pregnant. 261 III. The Statutes in Question. 266 IV. Debunking the Arguments Against Restricting Alcohol Use in Pregnancy. 272 A. Addressing Privacy Concerns. 273 B. Equal Protection Concerns. 278 i. The Gender Argument. 278 ii. The Pregnancy Status Argument. 281 iii. The Socioeconomic... |
2010 |
| Marc Mauer, (At the Richard Nixon Library) |
WELCOME DINNER: "THE DRUG WAR AND ITS SOCIAL IMPLICATIONS" |
13 Chapman Law Review 695 (Spring 2010) |
Dean Timothy Canova: Thank you everyone for being here tonight. This is such a great venue for a Symposium on the War on Drugs. President Richard Nixon was the first President to actually declare war on drugs, so it's very fitting to be here tonight, and to hear perhaps a critique of the war. Before I introduce Marc Mauer, our key-note speaker, I... |
2010 |
| Kevin Robert Glandon |
BRIGHT LINES ON THE ROAD: THE FOURTH AMENDMENT, THE AUTOMATIC COMPANION RULE, THE "AUTOMATIC CONTAINER" RULE, AND A NEW RULE FOR DRUG- OR FIREARM-RELATED TRAFFIC STOP COMPANION SEARCHES INCIDENT TO LAWFUL ARREST |
46 American Criminal Law Review 1267 (Summer, 2009) |
Introduction. 1268 I. Current Law, Historical Development, and Unresolved Questions. 1270 A. The State of the Law. 1271 B. History & Development of the Fourth Amendment as It Applies to Automobiles. 1273 1. What is a Search?. 1274 2. Searches & Seizures: The Requirement of Reasonableness. 1274 3. When a Warrant is Not Required. 1275 4. Automobile... |
2009 |
| Eric J. Miller |
DRUGS, COURTS, AND THE NEW PENOLOGY |
20 Stanford Law and Policy Review 417 (2009) |
Perhaps the most important judicial response to the War on Drugs has been the creation of specialty drug courts designed to ameliorate the impact of drug sentencing policy on individual drug users. The drug court's central goal is to provide a safety valve for the cycle of incarceration-release-recidivism that filled prisons with low-level drug... |
2009 |
| Michael Vitiello |
LEGALIZING MARIJUANA: CALIFORNIA'S POT OF GOLD? |
2009 Wisconsin Law Review 1349 (2009) |
In early 2009, a member of the California Assembly introduced a bill that would have legalized marijuana in an effort to raise tax revenue and reduce prison costs. While the bill's proponent withdrew the bill, he vowed to renew his efforts in the next term. Other prominent California officials, including Governor Schwarzenegger, have indicated... |
2009 |
| Steven B. Duke |
MASS IMPRISONMENT, CRIME RATES, AND THE DRUG WAR: A PENOLOGICAL AND HUMANITARIAN DISGRACE |
9 Connecticut Public Interest Law Journal 17 (Fall-Winter, 2009) |
The explosion in our prison population began in 1973, the same year President Nixon declared war on drugs. During the preceding forty years, the prison population was stable at around 200,000. Since 1970, however, the number of people in U.S. prisons and jails has increased 800 percent and our rate of imprisonment, the percentage of the population... |
2009 |
| Eric Blumenson, Eva Nilsen |
NO RATIONAL BASIS: THE PRAGMATIC CASE FOR MARIJUANA LAW REFORM |
17 Virginia Journal of Social Policy and the Law 43 (Fall 2009) |
This article presents a critique of marijuana prohibition and suggests some alternative regulatory approaches that would be more productive and consonant with justice. Part I relies on a forty-year empirical record to demonstrate that (1) reliance on a law enforcement approach has aggravated rather than mitigated the risks involved with marijuana... |
2009 |
| Krista Stone-Manista |
PROTECTING PREGNANT WOMEN: A GUIDE TO SUCCESSFULLY CHALLENGING CRIMINAL CHILD ABUSE PROSECUTIONS OF PREGNANT DRUG ADDICTS |
99 Journal of Criminal Law and Criminology 823 (Summer 2009) |
This Comment is intended to enable advocates for pregnant women to challenge the impermissible and unconstitutional prosecutions of pregnant drug users for criminal child abuse and endangerment. The Comment surveys the history of such prosecutions, and considers the policy justifications for them, before turning to an analysis of the frameworks... |
2009 |
| Jamie Fellner |
RACE, DRUGS, AND LAW ENFORCEMENT IN THE UNITED STATES |
20 Stanford Law and Policy Review 257 (2009) |
Since the mid-1980s, the United States has pursued aggressive law enforcement strategies to curtail the use and distribution of illegal drugs. The costs and benefits of this national war on drugs remain fiercely debated. What is not debatable, however, is that this ostensibly race-neutral effort has been waged primarily against black Americans.... |
2009 |
| Kelley R. Brandstetter |
REPEALING THE DRUG-FREE STUDENT LOAN PROVISION: WOULD PUTTING DOPE BACK INTO THE COLLEGE CLASSROOM HELP KEEP DOPE OFF THE STREET AND OUT OF THE PRISON SYSTEM? |
77 University of Cincinnati Law Review 1127 (Spring 2009) |
Jane Dope was an 18-year-old freshman at the University of Temptation (UT). She was exceedingly focused on academics but not on making many friends during the first few months of school. One night, Jane decided to accept a classmate's invitation to attend a house party located near UT's campus. Jane was enjoying herself and meeting new people until... |
2009 |
| Michael M. O'Hear |
RETHINKING DRUG COURTS: RESTORATIVE JUSTICE AS A RESPONSE TO RACIAL INJUSTICE |
20 Stanford Law and Policy Review 463 (2009) |
Since their first appearance in Miami in 1989, specialized drug treatment courts have grown phenomenally popular, with nearly 2,000 now in existence. Although their effectiveness is a matter of debate among academics, their political appeal remains strong. This popularity stems in large part from the unpopularity of what is generally seen as the... |
2009 |
| Marques P. Richeson |
SEX, DRUGS, AND . . . RACE-TO-CASTRATE: A BLACK BOX WARNING OF CHEMICAL CASTRATION'S POTENTIAL RACIAL SIDE EFFECTS |
25 Harvard BlackLetter Law Journal 95 (Spring 2009) |
I. History of Castration in the United States: Eliminating the Unfit . 98 II. The Middle Passage: From Circumcision to Castration. 101 III. History of Black Male Castration: Demasculinization, Dehumanization, and Invisibility. 103 A. Castration as a Tool of Demasculinization. 107 B. Castration as a Tool of Dehumanization. 108 C. Castration as a... |
2009 |
| Kimberli Gasparon |
THE DARK HORSE OF DRUG ABUSE: LEGAL ISSUES OF ADMINISTERING PERFORMANCE-ENHANCING DRUGS TO RACEHORSES |
16 Villanova Sports and Entertainment Law Journal 199 (2009) |
Could you imagine different human athlete drug policies for teams in different states in the National Football League or National Basketball Association? On June 22, 2007, the Kentucky Horse Racing Authority (KHRA) searched the stables of trainer Patrick Biancone and found vials of cobra venom, a Class A drug. This was not the first time that... |
2009 |
| Ruth C. Stern, J. Herbie DiFonzo |
THE END OF THE RED QUEEN'S RACE: MEDICAL MARIJUANA IN THE NEW CENTURY |
27 Quinnipiac Law Review 673 (2009) |
Lately it occurs to me What a long strange trip it's been. Robert Hunter More than forty years after the Summer of Love, marijuana still soothes and vexes the public consciousness. Research data on the therapeutic uses of cannabis continue to accumulate, adding fuel to an ongoing controversy about permissible drug use. In recent decades the... |
2009 |
| Cynthia S. Duncan |
THE NEED FOR CHANGE: AN ECONOMIC ANALYSIS OF MARIJUANA POLICY |
41 Connecticut Law Review 1701 (July, 2009) |
The Controlled Substances Act was enacted in 1970. Since that time, billions of dollars have been spent enforcing marijuana prohibition and millions of individuals have been arrested. Despite these efforts, there has been little to no success in controlling the availability of marijuana. Federal and state efforts to reduce marijuana production and... |
2009 |
| Lars Noah |
THIS IS YOUR PRODUCTS LIABILITY RESTATEMENT ON DRUGS |
74 Brooklyn Law Review 839 (Spring, 2009) |
I. Introduction. 840 II. Flaws In Production. 841 A. Manufacturing Defects. 841 B. Design Defects. 842 1. MUDs and Child's Play. 848 2. Snowflakes (and Cost-Consciousness)in Medical Practice . 855 3. Myths About Designer (and Lifestyle) Drugs. 861 C. Case Studies . 868 1. Ritodrine. 869 2. Thalidomide. 872 3. Finasteride. 874 4. Polio Vaccines.... |
2009 |
| Benjamin N. Roin |
UNPATENTABLE DRUGS AND THE STANDARDS OF PATENTABILITY |
87 Texas Law Review 503 (February, 2009) |
The role of the patent system in promoting pharmaceutical innovation is widely seen as a tremendous success story. This view overlooks a serious shortcoming in the drug patent system: the standards by which drugs are deemed unpatentable under the novelty and nonobviousness requirements bear little relationship to the social value of those drugs or... |
2009 |
| The Honorable Robert W. Sweet |
WILL MONEY TALK?: THE CASE FOR A COMPREHENSIVE COST-BENEFIT ANALYSIS OF THE WAR ON DRUGS |
20 Stanford Law and Policy Review 229 (2009) |
The War on Drugs has been a central concern of the justice system for the more than thirty years I have served as a federal district court judge in New York City. At the start of my tenure, it was a learning experience for me, as I was introduced to an industry with which I was unfamiliar, beyond the well-publicized stories of busts, codes, and... |
2009 |
| Sarah Tope Reise |
"JUST SAY NO" TO PRO-DRUG AND ALCOHOL STUDENT SPEECH: THE CONSTITUTIONALITY OF SCHOOL PROHIBITIONS OF STUDENT SPEECH PROMOTING DRUG AND ALCOHOL USE |
57 Emory Law Journal 1259 (2008) |
Schools across the country prohibit students from promoting or advertising drugs and alcohol. Juneau-Douglas High School in Juneau, Alaska, is no different. So when a student, Joseph Frederick, unfurled a banner reading BONG HITS 4 JESUS while standing outside the school and watching the 2002 Olympic Torch Relay, Principal Deborah Morse requested... |
2008 |
| Julie B. Ehrlich |
BREAKING THE LAW BY GIVING BIRTH: THE WAR ON DRUGS, THE WAR ON REPRODUCTIVE RIGHTS, AND THE WAR ON WOMEN |
32 New York University Review of Law and Social Change 381 (2008) |
The distinction between benefits and burdens is more than one of semantics. In the United States, women's reproductive capabilities have been used both to exalt and to oppress women. Women's unique role in reproduction has been used to refuse women the power to secure employment, to bar women from practicing in their chosen profession, and to... |
2008 |
| Josh Bowers |
CONTRAINDICATED DRUG COURTS |
55 UCLA Law Review 783 (April, 2008) |
Over the past two decades, drug treatment courts have gained traction as popular alternatives to the conventional war on drugs and to its one-dimensional focus on incarceration. Specifically, the courts are meant to divert addicts from jails and prisons and into coerced treatment. Under the typical model, a drug offender enters a guilty plea and is... |
2008 |
| Charleen Hsuan |
MEDICAID COVERAGE FOR RACE-BASED DRUGS |
41 Columbia Journal of Law and Social Problems 443 (Summer, 2008) |
The FDA recently approved BiDil as a race-based drug and suggested that it was the first of many. This Note examines how Medicaid agencies should treat such race-based drugs. It begins by determining when it is medically appropriate for the FDA to approve a drug as a race-based drug. The Note then details the different ways that state Medicaid... |
2008 |
| Tomer Blumkin, Yoram Margalioth , Ben-Gurion University, Department of Economics, Buchmann Faculty of Law, Tel Aviv University, Tel Aviv, Israel |
ON TERROR, DRUGS AND RACIAL PROFILING |
28 International Review of Law & Economics 194 (September, 2008) |
JEL classification: K14 K42 Keywords: Racial profiling Statistical discrimination Terror Equity-efficiency trade-off We show that for racial profiling (defined as policy rules that employ statistical discrimination based on racial attributes) to be efficient in fighting ordinary crime, it needs to focus on the racial composition of marginal... |
2008 |
| Michael Laufert |
RACE AND POPULATION-BASED MEDICINE: DRUG DEVELOPMENT AND DISTRIBUTIVE JUSTICE |
21 Georgetown Journal of Legal Ethics 859 (Summer, 2008) |
Racial and ethnic minorities have significantly poorer health compared to the United States population as a whole. Compared to the general population, African-Americans are more likely to die from diseases such as diabetes, heart disease, and AIDS. These disparities can be attributed to several factors, including but not limited to racism,... |
2008 |
| Nancy Morawetz |
RETHINKING DRUG INADMISSIBILITY |
50 William and Mary Law Review 163 (October, 2008) |
Changes in federal statutory policy, state criminal justice laws, and federal enforcement initiatives have led to an inflexible and zero-tolerance immigration policy with respect to minor drug use. This Article traces the evolution of the statutory scheme and how various provisions in state and federal law interact to create the current policy. It... |
2008 |
| Michael Tonry, Matthew Melewski |
THE MALIGN EFFECTS OF DRUG AND CRIME CONTROL POLICIES ON BLACK AMERICANS |
37 Crime and Justice 1 (2008) |
The disproportionate presence of blacks in American prisons, jails, and Death Rows, and the principal reasons for it--higher rates of commission of violent crimes and racially disparate effects of drug policies and sentencing laws governing violent and drug crimes--are well known. Since the late 1980s, black involvement in violent crime has... |
2008 |
| Nikki Jones, University of California, Santa Barbara |
UNEQUAL UNDER LAW: RACE IN THE WAR ON DRUGS. BY DORIS MARIE PROVINE. CHICAGO AND LONDON: UNIVERSITY OF CHICAGO PRESS, 2007. PP. VIII+207. $18.00 PAPER |
42 Law and Society Review 934 (December, 2008) |
In recent years, a number of scholars have documented the accumulating consequences of America's decades-long commitment to imprisonment as the primary response to drug offenses. In Unequal Under Law, Doris Marie Provine adds to this important literature with her examination of the racialized histories of America's harshest drug policies. In six... |
2008 |
| Andrew D. Black |
"THE WAR ON PEOPLE": REFRAMING "THE WAR ON DRUGS" BY ADDRESSING RACISM WITHIN AMERICAN DRUG POLICY THROUGH RESTORATIVE JUSTICE AND COMMUNITY COLLABORATION |
46 University of Louisville Law Review 177 (Fall 2007) |
Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly affects all indirectly. Rev. Dr. Martin Luther King, Jr. One of every three African-American men between the ages of twenty and twenty-nine are under the control of the... |
2007 |
| Andrew C. Mac Nally |
A FUNCTIONALIST APPROACH TO THE DEFINITION OF "COCAINE BASE" IN § 841 |
74 University of Chicago Law Review 711 (Spring 2007) |
Responding to the rise of crack cocaine in the early 1980s, Congress passed the Anti-Drug Abuse Act of 1986 (ADAA). The ADAA amended 21 USC § 841 of the criminal code by creating a system of mandatory minimum sentences for the possession of different substances. The act was passed quickly, generating little legislative history beyond the floor... |
2007 |