| Author | Title | Citation | Summary | Year |
| Katherine Y. Barnes |
ASSESSING THE COUNTERFACTUAL: THE EFFICACY OF DRUG INTERDICTION ABSENT RACIAL PROFILING |
54 Duke Law Journal 1089 (March, 2005) |
This Article investigates the costs and benefits of racial profiling in the context of drug interdiction. I begin by reviewing the empirical economic and civil rights literature regarding the existence and rationality of racial profiling and then build an explicit model of a trooper's decision to search a stopped vehicle. Estimating the model using... |
2005 |
| Melissa T. Aoyagi |
BEYOND PUNITIVE PROHIBITION: LIBERALIZING THE DIALOGUE ON INTERNATIONAL DRUG POLICY |
37 New York University Journal of International Law & Politics 555 (Spring 2005) |
We are all deeply concerned about the threat that drugs pose to our children, our fellow citizens and our societies. There is no choice but to work together, both within our countries and across borders, to reduce the harms associated with drugs. The United Nations has a legitimate and important role to play in this regard--but only if it is... |
2005 |
| Ellen M. Weber |
BRIDGING THE BARRIERS: PUBLIC HEALTH STRATEGIES FOR EXPANDING DRUG TREATMENT IN COMMUNITIES |
57 Rutgers Law Review 631 (Winter 2005) |
Introduction. 632 Part I. Alcohol and Drug Dependence: The Public Health Perspective. 638 A. The Disease and the Treatment. 638 B. Treatment Efficacy. 640 C. Treatment Accessibility. 644 Part II. National Policies that Promote NIMBY. 648 Part III. Civil Rights Laws and Zoning Discrimination. 656 A. Title II of the Americans With Disabilities Act... |
2005 |
| E. Michelle Tupper |
CHILDREN LOST IN THE DRUG WAR: A CALL FOR DRUG POLICY REFORM TO ADDRESS THE COMPREHENSIVE NEEDS OF FAMILY |
12 Georgetown Journal on Poverty Law and Policy 325 (Summer, 2005) |
Family treatment really taught me to live again. Not just exist, but live. ~ Carolette Sweatt, mother in recovery The life of the law has not been logic: it has been experience. ~ Oliver Wendell Holmes Current drug policy has failed to control illegal substance abuse in the United States at the cost of untreated addiction, depleted budgets,... |
2005 |
| Lynn M. Paltrow |
GOVERNMENTAL RESPONSES TO PREGNANT WOMEN WHO USE ALCOHOL OR OTHER DRUGS |
8 DePaul Journal of Health Care Law 461 (AMA Special Issue 2005) |
Throughout the 1980s and into the 1990s the media gave extraordinary coverage to the war on drugs. News reports were typically presented in extremely alarmist terms, reporting crack as a plague that was eating away at the fabric of America. Such claims were routinely made despite the lack of evidence to support them. Unsupported and... |
2005 |
| Michael B. Losow, Esq. |
PERSONALIZED MEDICINE & RACE-BASED DRUG DEVELOPMENT: ADDRESSING MINORITY HEALTH CARE DISPARITIES IN AN ETHICALLY CHARGED AREA |
20 Saint John's Journal of Legal Commentary 15 (Fall 2005) |
Thank you. I would like to start by saying that any of the nice slides you see in here I owe directly to Doctor Francis Collins, who has just recently done a similar speech and lent me his slide show. One of the things you learn in law school is that you are supposed to be prepared, but, as you see, as I go through the slides that I put together,... |
2005 |
| Benton Brooks Bodamer |
PSYCHOACTIVE SUBSTANCES, DIETARY SUPPLEMENTS, AND THE WAR ON "DRUGS": LAW, MYTH, AND TRADITION AS THE SOCIAL CONTROL OF CONSCIOUSNESS |
66 Ohio State Law Journal 1311 (2005) |
Human consciousness has long been a target of social regulation. From the religious control of ritual substances like peyote to the explicit statutory restriction of everything from cocaine to prescription drugs, the need to control substances that change consciousness has evolved into a complex body of laws and practices. The laws governing... |
2005 |
| Terry Gibbs , Garry Leech |
RACE AND CLASS DIMENSIONS OF THE WAR ON DRUGS: A HUMANITARIAN CRISIS |
3 Rutgers Journal of Law & Urban Policy 62 (Fall, 2005) |
The U.S. war on drugs has been waged along class and race lines, both domestically and internationally. Rather than finding long-term solutions to the social development issues in target communities, drug policy has exacerbated problems of poverty and social marginalization. This paper examines how the war on drugs has prejudicially targeted poor... |
2005 |
| New Jersey, Commission, to Review, Criminal, Sentencing, December 2005 |
REPORT ON NEW JERSEY'S DRUG FREE ZONE CRIMES & PROPOSAL ON REFORM |
Federal Sentencing Reporter (Unknown) |
On April 23, 1987, former Governor Thomas Kean signed into law the Comprehensive Drug Reform Act of 1987 (The Act), a sweeping revamping of New Jersey's criminal drug laws. The Act at once: 1) consolidated and revised all criminal drug statutes, many of which prior to 1986 were situated outside of New Jersey's Code of Criminal Justice; 2)... |
2005 |
| Annalisa A. Jabaily |
SHIPS PASSING IN THE NIGHT: MAPPING THE TRADE ROUTES BETWEEN THE WAR ON DRUGS AND THE WAR ON TERROR |
15 Temple Political & Civil Rights Law Review 1 (Fall 2005) |
I ain't got no quarrel with them Vietcong. No Vietcong has ever called me a nigger. -Muhammed Ali It sounds like the beginning of a racist joke: What do an African American and an Arab American have in common? Many jokes, including racist ones, begin by comparing two seemingly incomparable things (or races). This particular question, however,... |
2005 |
| Katherine Culliton |
THE IMPACT OF ALCOHOL AND TOBACCO ADVERTISING ON THE LATINO COMMUNITY AS A CIVIL RIGHTS ISSUE |
16 Berkeley La Raza Law Journal 71 (Fall 2005) |
The impact of alcohol and tobacco advertising on the Latino community is a health issue, and as this paper will discuss, also a civil rights issue. Tobacco and alcohol use have not always been viewed in this way. For example, during the Prohibition Era of the 1920's, alcohol abuse was considered a moral issue. Attitudes in this country towards... |
2005 |
| MaryBeth Lipp |
A NEW PERSPECTIVE ON THE "WAR ON DRUGS": COMPARING THE CONSEQUENCES OF SENTENCING POLICIES IN THE UNITED STATES AND ENGLAND |
37 Loyola of Los Angeles Law Review 979 (Spring 2004) |
While the Bush Administration continues to fight the war on terrorism abroad, a long-waged battle continues at home as fervently as ever. Rather than diverting resources and attention away from the war on drugs, the war on terror has renewed interest in U.S. domestic drug policies. The White House has promoted the most recent National Drug... |
2004 |
| Eric J. Miller |
EMBRACING ADDICTION: DRUG COURTS AND THE FALSE PROMISE OF JUDICIAL INTERVENTIONISM |
65 Ohio State Law Journal 1479 (2004) |
This article analyzes two of the central claims made on behalf of drug courts: that they divert offenders from incapacitatory prison regimes and that they treat drug addicts. Taken together, these claims form the central justification of the drug court's existence and the basis of the court's unusual style of procedure. The court often resembles... |
2004 |
| Michael M. O'Hear |
FEDERALISM AND DRUG CONTROL |
57 Vanderbilt Law Review 783 (April, 2004) |
I. A Survey of the Conceptual Terrain. 789 A. Four Leading Paradigms of Drug Control Policy. 789 B. A Note on Terminology. 792 II. The Evolution of Federal Drug Policy. 793 A. 1914-1968: The Other Prohibition. 794 B. 1969-1980: Making War on Drugs. 797 C. 1981-2000: Escalating the War--The Triumph of Enforcement. 799 D. Federal Policy in the... |
2004 |
| Jonathan Kahn, J.D., Ph.D. |
HOW A DRUG BECOMES "ETHNIC": LAW, COMMERCE, AND THE PRODUCTION OF RACIAL CATEGORIES IN MEDICINE |
4 Yale Journal of Health Policy, Law & Ethics 1 (Winter 2004) |
A drug called BiDil is poised to become the first pharmaceutical ever approved by the U.S. Food and Drug Administration (FDA) to treat heart failure specifically in African Americans--and only African Americans. On March 8, 2001, NitroMed, then a privately held biotech firm in Massachusetts, issued a press release triumphantly announcing the... |
2004 |
| M. Casey Kucharson |
PLEASE REPORT TO THE PRINCIPAL'S OFFICE, URINE TROUBLE: THE EFFECT OF BOARD OF EDUCATION V. EARLS ON AMERICA'S SCHOOLCHILDREN |
37 Akron Law Review 131 (2004) |
High school students participating in extracurricular activities will lose sleep stressing about a new type of exam. Not a traditional exam that tests their knowledge of math, social studies, or English, but an exam that tests their urine. Drug abuse among high school students is a serious problem that school officials confront everyday. Instead of... |
2004 |
| Rene Bowser |
RACE AS A PROXY FOR DRUG RESPONSE: THE DANGERS AND CHALLENGES OF ETHNIC DRUGS |
53 DePaul Law Review 1111 (Spring 2004) |
Considerable debate exists concerning the use of race in medical research and in clinical practice. Race, according to some, is of little or no biological significance and, therefore, should be of little or no importance in making treatment decisions. Others insist that a patient's race can, and should, influence the doctor's thinking about... |
2004 |
| L. Buckner Inniss |
A MOVING VIOLATION? HYPERCRIMINALIZED SPACES AND FORTUITOUS PRESENCE IN DRUG FREE SCHOOL ZONES |
8 Texas Forum on Civil Liberties and Civil Rights 51 (Spring 2003) |
I. Introduction. 52 II. Criminalized Spaces in General and Drug Free Zones--The Hypercriminalized Space. 54 A. Criminalized Space. 54 B. Hypercriminalized Space. 63 III. The Creation of the Federal Schoolyard Drug Statutes and Recurring Challenges to Validity. 65 IV. Congressional Power to Legislate in the Area of Drug Interdiction. 68 V. Due... |
2003 |
| Elizabeth Tison |
AMENDING THE SENTENCING GUIDELINES FOR COCAINE OFFENSES: THE 100-TO-1 RATIO IS NOT AS "CRACKED" UP AS SOME SUGGEST |
27 Southern Illinois University Law Journal 413 (Winter, 2003) |
From no other governmental institution is so much expected as from the American system of justice. Covered extensively by the media, monitored closely by the public at large and administered by proponents of differing philosophies, our system always has and always will be subject to debate, both within and without the ranks of those who administer... |
2003 |
| R. Richard Banks |
BEYOND PROFILING: RACE, POLICING, AND THE DRUG WAR |
56 Stanford Law Review 571 (December, 2003) |
Introduction. 572 I. The Campaign Against Racial Profiling. 574 A. Consensus and Data Collection. 574 B. The Innocence Emphasis. 576 C. The Irrationality Claim. 577 1. Self-fulfilling prophecy and survey data claims.. 577 2. Hit rates argument.. 578 II. The Ambiguity of the Evidence. 580 A. Limitations of Self-Fulfilling Prophecy and Survey Data... |
2003 |
| Andrew Armstrong |
DRUG COURTS AND THE DE FACTO LEGALIZATION OF DRUG USE FOR PARTICIPANTS IN RESIDENTIAL TREATMENT FACILITIES |
94 Journal of Criminal Law and Criminology 133 (Fall 2003) |
The recreational possession and use of some drugs is regarded as a criminal offense in every state in the nation. What this means for an offender is that the state views discrete incidents of detected possession not as manifestations of an over-arching addiction, but as isolated crimes deserving punishment. This approach comports with a traditional... |
2003 |
| Robert J. Aalberts |
DRUG TESTING TENANTS: DOES IT VIOLATE RIGHTS OF PRIVACY? |
38 Real Property, Probate and Trust Journal 479 (Fall, 2003) |
Editors' Synopsis: Drug activity is a serious problem in many apartment complexes. Innocent tenants can be victimized by violent crime, robberies, and burglaries committed by drug dealers and users. In recent years, the popular press has reported stories concerning private sector landlords who are requiring prospective tenants, as well as tenants... |
2003 |
| Joseph E. Kennedy |
DRUG WARS IN BLACK AND WHITE |
66-SUM Law and Contemporary Problems 153 (Summer 2003) |
Over the past two decades, we have waged war on drugs. Yet it is not likely to be news to any reader of this Symposium on race and criminal justice that the primary casualties of that war have been African Americans and other individuals of color. The debate over the racial complexion of the war against drugs often devolves into a clash of... |
2003 |
| David E. Steinberg |
HIGH SCHOOL DRUG TESTING AND THE ORIGINAL UNDERSTANDING OF THE FOURTH AMENDMENT |
30 Hastings Constitutional Law Quarterly 263 (Spring 2003) |
I. Random Drug Tests and the Fourth Amendment. 265 A. The Road to Earls: Supreme Court Decisions on Random Drug Tests. 265 B. Random Drug Tests in High Schools. 267 1. Acton. 268 2. Earls. 269 3. Summary. 270 II. The Original Understanding of the Fourth Amendment. 270 A. The Controversies That Resulted in the Fourth Amendment. 271 1. The John... |
2003 |
| Judge William F. Chinnock |
NO SMOKING AROUND CHILDREN: THE FAMILY COURTS' MANDATORY DUTY TO RESTRAIN PARENTS AND OTHER PERSONS FROM SMOKING AROUND CHILDREN |
45 Arizona Law Review 801 (Fall 2003) |
A man's home is his castle, but no one is allowed to hurt little children-- even in his castle. A considered analysis of family law across the United States leads to this inescapable conclusion: a family court that does not issue court orders restraining persons from smoking in the presence of children under the court's care fails those children... |
2003 |
| David W. Rasmussen , Bruce L. Benson |
RATIONALIZING DRUG POLICY UNDER FEDERALISM |
30 Florida State University Law Review 679 (Summer, 2003) |
I. L2-4,T4Introduction 679 II. L2-4,T4The Intended Benefits of Criminalization and Enforcement: Are They Effectively Achieved? 684 A. L3-4,T4Reducing Drug Consumption 685 B. L3-4,T4The Elusive Benefit of Lowering Drug Use via Enforcement 687 III. L2-4,T4Enforcement Can Change Relative Prices and Consumption Patterns 692 A. L3-4,T4Persistence of... |
2003 |
| Kurt V. Laker |
SMOKE AND MIRRORS: THE SELF-EXAMINATION OF CANADIAN MARIJUANA POLICY IN THE CONTEXT OF DECRIMINALIZATION IN THE NETHERLANDS |
14 Indiana International & Comparative Law Review 341 (2003) |
Drug policy reform is almost a non-issue in American government. The only politically viable stance is a hardline position against all illegal drugs with harsh penalties for offenders. Congress has attempted to stifle research into alternative drug policies by introducing House Bill 135. This only illuminates the boldness of the Canadian Senate,... |
2003 |
| Brian Narvaez |
TEXAS REACTS TO TULIA AND THE DRUG WAR'S PERSECUTION OF MINORITIES |
28 Thurgood Marshall Law Review 317 (Spring, 2003) |
I. L2-4,T4Introduction and Scope 318 II. L2-4,T4The War on Drugs and Its Effects 320 A. L3-4,T4An Overview of the War on Drugs 320. B. L3-4,T4Race and Justice 321. 1. Race and Crime. 322 2. Race and Prison. 322 3. Race and Sentencing. 324 C. L3-4,T4Racial Profiling 326. III. L2-4,T4Constitutional Analysis 329 A. L3-4,T4Introduction to Equal... |
2003 |
| Josephine Gittler |
THE AMERICAN DRUG WAR, MATERNAL SUBSTANCE ABUSE AND CHILD PROTECTION: A COMMENTARY |
7 Journal of Gender, Race and Justice 237 (Spring 2003) |
Federal, state, and local governments have been fighting a protracted war on drugs, the most prominent component of which has been the enactment and enforcement of criminal anti-drug laws. A major criticism of this war is that it has been ineffective and costly because there continues to be a substantial supply of and demand for drugs despite the... |
2003 |
| Kathleen R. Sandy |
THE DISCRIMINATION INHERENT IN AMERICA'S DRUG WAR: HIDDEN RACISM REVEALED BY EXAMINING THE HYSTERIA OVER CRACK |
54 Alabama Law Review 665 (Winter 2003) |
A significant, but decreasing, percentage of Americans believe the War on Drugs is justified, believing that the benefits outweigh the costs. If you are one of these people, consider the following: The United States spends approximately $1 billion a year to drug test approximately twenty million workers. Companies are finding out that fatigue and... |
2003 |