| Author | Title | Citation | Summary | Year |
| Norm Stamper |
AMERICA'S DRUG WAR AND THE RIGHT TO PRIVACY |
68 Montana Law Review 285 (Summer 2007) |
I believe that police officers can and must work hand-in-hand with the community to achieve public safety and, at the same time, safeguard constitutional guarantees. I believe the two go hand-in-glove. The largest number of violations of your civil liberties, of Americans' civil liberties, comes at the hands of police, at the federal, state, and... |
2007 |
| Jacob Loshin |
BEYOND THE CLASH OF DISPARITIES: COCAINE SENTENCING AFTER BOOKER |
29 Western New England Law Review 619 (2007) |
In United States v. Booker, the Supreme Court invalidated the federal Sentencing Guidelines and, with the stroke of a pen, unsettled more than two decades of established sentencing practice. Booker held that the highly detailed Sentencing Guidelines would now be merely advisory rather than mandatory, and that judges would now have discretion to... |
2007 |
| Ellen M. Weber |
CHILD WELFARE INTERVENTIONS FOR DRUG-DEPENDENT PREGNANT WOMEN: LIMITATIONS OF A NON-PUBLIC HEALTH RESPONSE |
75 UMKC Law Review 789 (Spring, 2007) |
National drug policy, medical practice and the child welfare system have not kept pace with scientific research that points to effective health interventions to address alcoholism and drug dependence among pregnant women. In its 2003 amendments to the Child Abuse Prevention and Treatment Act, Congress adopted a policy requiring physicians to report... |
2007 |
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CRIMINAL LAW -- FEDERAL SENTENCING GUIDELINES -- EIGHTH CIRCUIT HOLDS THAT DISTRICT COURT CANNOT REDUCE SENTENCE BASED ON CATEGORICAL DISAGREEMENT WITH 100:1 POWDER/CRACK COCAINE QUANTITY RATIO. -- UNITED STATES V. SPEARS, 469 F.3D 1166 (8TH CIR. 2006) (E |
120 Harvard Law Review 2004 (May, 2007) |
Although powder and crack cocaine are pharmacologically indistinguishable, these two substances carry markedly different criminal penalties. As the disproportionate racial impact of sentencing crack cocaine offenses much more harshly than those involving identical quantities of powder cocaine has become readily apparent, the United States... |
2007 |
| Martin D. Carcieri |
GONZALES V. RAICH: CONGRESSIONAL TYRANNY AND IRRELEVANCE IN THE WAR ON DRUGS |
9 University of Pennsylvania Journal of Constitutional Law 1131 (unknown) |
The legislative department is everywhere extending the sphere of its activities . . . . [I]t is against the enterprising ambition of this department that the people ought to indulge all their jealousy and exhaust all their precautions. The powers of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten,... |
2007 |
| Christopher Carpenter , University of California at Irvine |
HEAVY ALCOHOL USE AND CRIME: EVIDENCE FROM UNDERAGE DRUNK-DRIVING LAWS |
50 Journal of Law & Economics 539 (August, 2007) |
This paper provides new evidence on the causal effect of alcohol use and crime. I use variation induced by the adoption of strict zero-tolerance (ZT) drunk-driving laws, which significantly reduced binge drinking by males aged 18-20 years but did not affect slightly older males aged 22-24 years. I use age-specific arrest data for police agencies in... |
2007 |
| Marcia G. Shein , 2392 North Decatur Road Decatur, GA 30033 404-633-3797 Fax 404-633-7980 E-mail marcia@msheinlaw.com Web Site www.msheinlaw.com |
RACE AND CRACK COCAINE OFFENSES: CORRECTING A TROUBLING INJUSTICE POST-BOOKER |
31-APR Champion 18 (April, 2007) |
Since 1987, and the promulgation of the federal Sentencing Guidelines, there has been an egregious sentencing disparity between crack and powder cocaine offenses. Courts and defense attorneys throughout the country have asserted that the disparity has disproportionately affected minorities. These draconian crack cocaine sentences offer little hope... |
2007 |
| Tiffany Scott |
REPERCUSSIONS OF THE "CRACK BABY" EPIDEMIC: WHY A MESSAGE OF CARE RATHER THAN PUNISHMENT IS NEEDED FOR PREGNANT DRUG-USERS |
19 National Black Law Journal 203 (2006-2007) |
In the 1980s, the media imprinted the image of the crack baby on the American conscience. The nation reacted with fear and a lack of understanding. Fifteen years later, the problem of the crack baby became, at least in the minds of policymakers, an epidemic. Instead of looking into the heart of the issue and reaching out to the women who were... |
2007 |
| Kevin R. Johnson |
TAKING THE "GARBAGE" OUT IN TULIA, TEXAS: THE TABOO ON BLACK-WHITE ROMANCE AND RACIAL PROFILING IN THE "WAR ON DRUGS" |
2007 Wisconsin Law Review 283 (2007) |
I. Introduction. 284 II. The Tulia Sting, or Round Up the Usual Suspects . 286 A. The Sting. 288 B. Vindication of the Accused. 291 III. The Continuing Evil of Race-Mixing: Tulia as a Case Study. 294 A. The Legal and Social Prohibition of Black-White Relationships. 295 1. The Persistence of Social Separation. 297 2. The Lingering Stigma of... |
2007 |
| Briton K. Nelson |
ADDING FUEL TO THE FIRE: UNITED STATES V. BOOKER AND THE CRACK VERSUS POWDER COCAINE SENTENCING DISPARITY |
40 University of Richmond Law Review 1161 (May, 2006) |
The sentencing structures for crack and powder cocaine have been dramatically different since the Anti-Drug Abuse Act of 1986 established a 100:1 ratio as the penalty differential between the two drugs, and set the same punishment for five grams of crack as for five hundred grams of powder cocaine. The ratio was followed in the Federal Sentencing... |
2006 |
| Nekima Levy-Pounds |
BEATEN BY THE SYSTEM AND DOWN FOR THE COUNT: WHY POOR WOMEN OF COLOR AND CHILDREN DON'T STAND A CHANCE AGAINST U.S. DRUG-SENTENCING POLICY |
3 University of Saint Thomas Law Journal 462 (Spring 2006) |
I. Introduction. 463 II. Case of Kemba Smith as a Paradigm of Problems Within the War on Drugs . 467 A. Kemba the Kingpin and Mandatory Minimums. 468 B. Prosecutors as Gatekeepers to Freedom for Defendants. 470 1. Conspiracy Charges and the Catch-22. 470 2. Substantial Assistance and the Girlfriend Problem . 472 3. Ineffective Attempts at... |
2006 |
| Randolph Kline, Samantha Graff, Leslie Zellers, Marice Ashe |
BEYOND ADVERTISING CONTROLS: INFLUENCING JUNK-FOOD MARKETING AND CONSUMPTION WITH POLICY INNOVATIONS DEVELOPED IN TOBACCO CONTROL |
39 Loyola of Los Angeles Law Review 603 (May, 2006) |
In many ways, the tobacco control movement and the improved-nutrition advocacy movement (sometimes called the obesity prevention movement) are on parallel tracks. Both movements are grounded in compelling epidemiological data that document the extraordinary toll on human health and mortality caused by unhealth-ful consumer products. Tobacco... |
2006 |
| Amanda D. Cary |
COCAINE BASE: NOT ALL IT'S CRACKED UP TO BE |
40 U.C. Davis Law Review 531 (December, 2006) |
Introduction. 533 I. Background. 535 A. The Chemistry of Cocaine. 536 B. The Evolution of Cocaine Regulation in the United States. 538 C. 21 U.S.C. § 841: Setting Mandatory Minimums for Drug-Related Offenses. 541 D. The 1993 Amendments to the Sentencing Guidelines. 542 II. The Split. 543 A. The Narrow Interpretation: Statutory Interpretation and... |
2006 |
| Noah Mamber |
COKE AND SMACK AT THE DRUGSTORE: HARM REDUCTIVE DRUG LEGALIZATION: AN ALTERNATIVE TO A CRIMINALIZATION SOCIETY |
15 Cornell Journal of Law & Public Policy 619 (Summer 2006) |
INTRODUCTION. 620 A. Philosophical Bases for Various Drug Policy Models. 622 B. Problematic Effects of Illegal Drugs. 625 I. CURRENT SCHEME-CRIMINALIZATION AND ITS EFFECTS. 626 A. Environmental Consequences. 631 B. Economics. 631 C. Mandatory Minimum Sentences. 634 D. Higher Education Act. 636 E. Public Health Crisis. 637 F. Drug Crime. 639 G.... |
2006 |
| Pauline T. Kim |
COLLECTIVE AND INDIVIDUAL APPROACHES TO PROTECTING EMPLOYEE PRIVACY: THE EXPERIENCE WITH WORKPLACE DRUG TESTING |
66 Louisiana Law Review 1009 (Summer, 2006) |
The latter half of the twentieth century saw a marked shift in the form of legal regulation of the workplace. At mid-century, unions were at the height of their power in terms of membership and bargaining strength. The dominant legal model for governing workplace relations was the one put into place by the Wagner Act in 1935, a model promoting... |
2006 |
| Jonathan Kahn, J.D., Ph.D |
HARMONIZING RACE: COMPETING REGULATORY PARADIGMS OF RACIAL CATEGORIZATION IN INTERNATIONAL DRUG DEVELOPMENT |
5 Santa Clara Journal of International Law 34 (2006) |
Two powerful dynamics are at the forefront of contemporary pharmaceutical development: global outsourcing of clinical trials and pharmacogenomics. These two dynamics come together in the regulatory arena through the development of international guidelines to harmonize the production and use of clinical data involving diverse ethnic and racial... |
2006 |
| Karen L. Chadwick |
IS LEISURE-TIME SMOKING A VALID EMPLOYMENT CONSIDERATION? |
70 Albany Law Review 117 (2006) |
It has been over forty years since the Surgeon General first released a report stating that cigarette smoking is a health hazard and a primary contributor to lung disease. Since that report, substantial research has established that smoking dramatically increases the risk of death from a plethora of conditions. Despite widespread awareness and... |
2006 |
| Avi Brisman |
METH CHIC AND THE TYRANNY OF THE IMMEDIATE : REFLECTIONS ON THE CULTURE-DRUG/DRUG-CRIME RELATIONSHIPS |
82 North Dakota Law Review 1273 (2006) |
I. INTRODUCTION. 1275 II. L.'S STORY. 1291 III. DEFINITIONS, HISTORY, AND DEMOGRAPHICS. 1294 A. Definitions. 1294 1. Brief History of Drug Use and Abuse. 1296 2. Brief History of Amphetamine Use and Abuse. 1299 3. Brief History of Methamphetamine Use and Abuse. 1303 B. Who's Using Methamphetamine?. 1307 IV. DRUG-CRIME RELATIONSHIPS. 1312 A.... |
2006 |
| David J. Garrow , for the Washington Post |
PRESUMED GUILTY: A REPORTER'S SORRY TALE OF AN OUT-OF-CONTROL TEXAS DRUG STING TULIA: RACE, COCAINE, AND CORRUPTION IN A SMALL TEXAS TOWN, BY NATE BLAKESLEE, PULIC AFFAIRS: 450 PP. $26.95. AVAILABLE ON AMAZON.COM |
31-JAN Montana Lawyer 9 (December, 2005/January, 2006) |
Iconoclastic lawyers who challenge the deeply entrenched, local powers-that-be relish the rare occasions when they prevail. For Jeff Blackburn, an Amarillo, Tex., attorney who is one of the heroes of Nate Blakeslee's thoroughly reported and superbly written new book, such an opportunity came late one night in 2003. Recalcitrant prosecutors had... |
2006 |
| Wade, Henderson, Executive Director,, Leadership, Conference on, Human Rights, Written Testimony, Submitted to the, Inter-American, Commission on, Human Rights, March 3. 2006 |
STATEMENT WADE HENDERSON: DRUG SENTENCING PRACTICES AND ISSUES |
Federal Sentencing Reporter (April 1, 2006) |
On behalf of the Leadership Conference on Civil Rights (LCCR), the nation's oldest, largest, and most diverse civil and human rights coalition, I am pleased to submit the following statement to the Inter-American Commission on Human Rights regarding the civil rights implications of drug sentencing practices in the United States. In the half century... |
2006 |
| Tiffany Lyttle |
STOP THE INJUSTICE: A PROTEST AGAINST THE UNCONSTITUTIONAL PUNISHMENT OF PREGNANT DRUG-ADDICTED WOMEN |
9 NYU Journal of Legislation and Public Policy 781 (2005-2006) |
Beginning in the late 1970s, an innovative prosecutorial strategy arose: states began prosecuting pregnant women because of their criminal behavior and its effects on their unborn and newborn children. Prior to this creative use of the criminal justice system, women had never been prosecuted, let alone punished, for this behavior during pregnancy.... |
2006 |
| George S. Yacoubian, Jr., Ph.D. |
THE COALESCENCE OF LAW AND SCIENCE IN AN ERA OF SCHOOL DRUG TESTING: BEYOND VERNONIA, EARLS, AND JOYE |
27 Journal of Juvenile Law 1 (2006) |
Two Supreme Court decisions have upheld the constitutionality of drug testing in public schools: Vernonia School District 47J v. Acton and the Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls. In Vernonia, the Court upheld the constitutionality of random drug testing for students who participate in school... |
2006 |
| Nancy D. Campbell |
THE CONSTRUCTION OF PREGNANT DRUG-USING WOMEN AS CRIMINAL PERPETRATORS |
33 Fordham Urban Law Journal 463 (January, 2006) |
[W]hat the law tells us to do is not as important as what the law tells us to be. Despite clear lack of intent to harm those whom they carry, drug-using pregnant women have been constructed as de facto criminal perpetrators. When women become noticeably unable or unwilling to carry out their assigned social roles and responsibilities as parents,... |
2006 |
| Jeffrey Fagan , Garth Davies , Jan Holland |
THE PARADOX OF THE DRUG ELIMINATION PROGRAM IN NEW YORK CITY PUBLIC HOUSING |
13 Georgetown Journal on Poverty Law and Policy 415 (Fall, 2006) |
In recent years, violence and public housing have been closely linked in political and popular cultures; to many, public housing symbolizes the dangers of inner city urban life. Built mainly in the 1950s and 1960s to assist the poor and working poor to escape slum conditions, most housing projects are clusters of high-rise towers that were placed... |
2006 |
| Major Keven Jay Kercher |
TIME FOR ANOTHER HAIRCUT: A RE-LOOK AT THE USE OF HAIR SAMPLE TESTING FOR DRUG USE IN THE MILITARY |
188 Military Law Review 38 (Summer, 2006) |
The Army's urinalysis program has made great strides in reducing drug use in the military ranks. However, the current military operational tempo and the prevalence of illegal drugs in local communities warrant a more comprehensive approach to eliminating drug use in the service. An annual national drug survey by the U.S. Department of Health and... |
2006 |
| Jeffery A. Addicks |
TULIA: RACE, COCAINE, AND CORRUPTION IN A SMALL TEXAS TOWN BY NATE BLAKESLEE PUBLIC AFFAIRS, 2005, 408 PAGES |
44-DEC Houston Lawyer 46 (November/December, 2006) |
In the summer of 1999, the arrests for alleged distribution of powdered cocaine of over 40 people, mostly black and mostly poor, in and around the small west Texas town of Tulia, Texas was front page news in the local community newspaper. Four years later, these arrests and the subsequent convictions of these individuals would become the subject of... |
2006 |
| Monique Rizer |
TULIA: RACE, COCAINE, AND CORRUPTION IN A SMALL TEXAS TOWN BY NATE BLAKESLEE PUBLIC AFFAIRS, NEW YORK, NY, 2005. 450 PAGES, $26.95 |
53-MAY Federal Lawyer 69 (May, 2006) |
In a world where most of us hear only sound bites about the latest cause célèbre on 60 Minutes or Dateline, Tulia is a sight for sore eyes and discerning minds. Nate Blakeslee delivers the details of what happened in the small Texas town when a white undercover officer accused 47 defendants -- most of them African-American and most of them... |
2006 |
| Deleso Alford Washington |
"EVERY SHUT EYE, AIN'T SLEEP": EXPLORING THE IMPACT OF CRACK COCAINE SENTENCING AND THE ILLUSION OF REPRODUCTIVE RIGHTS FOR BLACK WOMEN FROM A CRITICAL RACE FEMINIST PERSPECTIVE |
13 American University Journal of Gender, Social Policy and the Law 123 (2005) |
Introduction. 124 I. Black Women Standing at the Intersection of Race, Class, and Gender. 125 A. Critical Race Feminist Perspective. 126 B. Her-storical Lens. 126 II. Crack Cocaine Sentencing of Black Mothers and its Intergenerational Impact. 126 Conclusion. 126 |
2005 |
| |
A PRESCRIPTION FOR BETTER DRUG TRIALS |
41-MAR Trial 54 (March, 2005) |
When a hugely popular drug like Vioxx is pulled from the market, or a black-box warning is added to the label of an antidepressant, many consumers wonder why these products' side effects were not detected earlier; before thousands of users were exposed to potentially serious harm. The answer may lie in what many consumer and public health advocates... |
2005 |
| Jeff Yates , Todd A. Collins , Gabriel J. Chin |
A WAR ON DRUGS OR A WAR ON IMMIGRANTS? EXPANDING THE DEFINITION OF "DRUG TRAFFICKING" IN DETERMINING AGGRAVATED FELON STATUS FOR NONCITIZENS |
64 Maryland Law Review 875 (2005) |
In this Article we assess competing interpretations of the Immigration and Nationality Act's aggravated felony provisions, specifically the determination of what state drug offenses properly constitute aggravated felonies, thus subjecting noncitizens to deleterious collateral immigration consequences, including deportation. This issue is considered... |
2005 |