| Author | Title | Citation | Summary | Year |
| Matthew L.M. Fletcher |
THE DRUG WAR ON TRIBAL GOVERNMENT EMPLOYEES: ADOPTING THE WAYS OF THE CONQUEROR |
35 Columbia Human Rights Law Review 1 (Fall 2003) |
For three months Gus and the Indian female counselor met weekly. They would smudge before each session with sweet grass. Gus would explore his reality while carrying a stone in his hand. We were learning, listening and talking, speaking freely, not judged. It was the nonjudgmental approach that attracted him --there is a stigma on a non-Indian... |
2003 |
| |
THE FORDHAM LAW DRUG POLICY REFORM PROJECT AMERICA'S OLDEST WAR: THE EFFICACY OF UNITED STATES DRUG POLICY--A DEBATE BETWEEN GRAHAM BOYD, ACLU AND ASA HUTCHINSON, DEA |
30 Fordham Urban Law Journal 401 (January, 2003) |
MS. KAY: Hi. Thank you all for coming and welcome. My name is Amanda Kay and I am the Executive Director of the Fordham Law Drug Policy Reform Project. When four of us started this group in September, we had a lot of ideas, but never really guessed that we would be able to bring such esteemed speakers here and attract law students from beyond... |
2003 |
| Ronald Timothy Fletcher |
THE MEDICAL NECESSITY DEFENSE AND DE MINIMIS PROTECTION FOR PATIENTS WHO WOULD BENEFIT FROM USING MARIJUANA FOR MEDICAL PURPOSES: A PROPOSAL TO ESTABLISH COMPREHENSIVE PROTECTION UNDER FEDERAL DRUG LAWS |
37 Valparaiso University Law Review 983 (Summer, 2003) |
[M]arijuana, in its natural form, is one of the safest therapeutically active substances known to man .. One must reasonably conclude that there is accepted safety for use of marijuana under medical supervision. To conclude otherwise, on the record, would be unreasonable, arbitrary, and capricious. The marijuana plant has been known to exist for... |
2003 |
| Steven S. Martin, James A. Inciardi, Daniel J. O'Connell, Senior Scientist, Professor and Director, Research Associate Center for Drug and Alcohol Studies |
TREATMENT RESEARCH IN OZ-IS RANDOMIZATION THE IDEAL OR JUST SOMEWHERE OVER THE RAINBOW? |
67-SEP Federal Probation 53 (September, 2003) |
MEETING THE TREATMENT needs of offenders within the correctional system promises an important societal investment in reducing the number of incarcerated drug-involved offenders and the concomitant burgeoning costs of incarceration and health care. Researchers have documented the high costs of drug-abusing offenders whose criminal activity, criminal... |
2003 |
| Regina Austin |
"STEP ON A CRACK, BREAK YOUR MOTHER'S BACK": POOR MOMS, MYTHS OF AUTHORITY, AND DRUG-RELATED EVICTIONS FROM PUBLIC HOUSING |
14 Yale Journal of Law & Feminism 273 (2002) |
Once upon a time, the old superstition Step on a crack, break your mother's back turned many of my walks down city streets into a game. What else could cracks have referred to but the lines and crevices in the pavement? Of course, it did not much matter, since little depended on it. I knew that my mama's well-being did not rise or fall with my... |
2002 |
| Tal Klement, Elizabeth Siggins |
A WINDOW OF OPPORTUNITY: ADDRESSING THE COMPLEXITIES OF THE RELATIONSHIP BETWEEN DRUG ENFORCEMENT AND RACIAL DISPARITY IN SEATTLE |
1 Seattle Journal for Social Justice 165 (Spring/Summer, 2002) |
L1-2Table of Contents: Executive Summary. 168 Section I. Introduction. 171 Central Question of this Report:. 171 Background: The Minority & Justice Commission Report. 172 The Harm of Racial Disparity. 173 Methodology. 174 Structure of Report. 175 Section II. Defining Disparity. 175 Racial Demographics for the City, County, and State. 176 Disparity:... |
2002 |
| Keith Donoghue |
CASUALTIES OF WAR: CRIMINAL DRUG LAW ENFORCEMENT AND ITS SPECIAL COSTS FOR THE POOR |
77 New York University Law Review 1776 (December, 2002) |
Over the last three decades, different criticisms have emerged in response to the war on drugs. One strain of argument relies on a pragmatic analysis of the costs and benefits to society as a whole of using criminal sanctions. Although the costs associated with drug-related harms and drug enforcement disproportionately burden poor communities,... |
2002 |
| Graham Boyd |
COLLATERAL DAMAGE IN THE WAR ON DRUGS |
47 Villanova Law Review 839 (2002) |
A declaration of war, now as at other moments in our national history, invites us to disregard the normal rules of conduct under the imperative of a higher goal assumed to trump all other considerations. For example, Abraham Lincoln suspended the fundamental right to the Writ of Habeas Corpus, citing the exigencies of the Civil War as a rationale... |
2002 |
| Phyllis Goldfarb |
COUNTING THE DRUG WAR'S FEMALE CASUALTIES |
6 Journal of Gender, Race and Justice 277 (Fall 2002) |
This article explores the impact of the drug war on women's lives. In Part I, I examine the usage of the word war and its connotations. In Part II, I illustrate the impact of the drug war on women's lives by detailing a dozen federal cases in which women have served--or, in several instances continue to serve--long mandatory sentences for drug... |
2002 |
| Michael A. Simons |
DEPARTING WAYS: UNIFORMITY, DISPARITY AND COOPERATION IN FEDERAL DRUG SENTENCES |
47 Villanova Law Review 921 (2002) |
I. Introduction. 921 II. The Sentencing Guidelines, Mandatory Minimums and the War on Drugs. 925 A. The Demise of Rehabilitation and the Birth of the War on Drugs. 925 B. The Sentencing Guidelines and Departures: An Overview. 931 C. Departures in Drug Cases. 938 D. Cooperation Departures and Disparity. 944 III. In Defense of Cooperation (and... |
2002 |
| Sandra, Guerra, Thompson, Associate Dean for, Academic Affairs and, Professor of Law,, University of Houston, Law Center |
DID THE WAR ON DRUGS DIE WITH THE BIRTH OF THE WAR ON TERRORISM?: A CLOSER LOOK AT CIVIL FORFEITURE AND RACIAL PROFILING AFTER 9/11 |
Federal Sentencing Reporter (January 1, 2002) |
We stand at the threshold of a new era in law enforcementor do we? The tragic events of September 11th make the task of considering the role of law enforcement in fighting the war on drugs much more complex. Indeed, judging from media accounts since 9/11, there is virtually no war on drugs left to discuss. That is to say, with reporting... |
2002 |
| Paula Kautt, Paula Kautt is a, Program Analyst at, the federal Drug, Enforcement, Administration. She, earned a doctorate in, Criminal Justice from, the University of, Nebraska Omaha in, 2000. The views, expressed in this, essay are solely those, of the a |
DIFFERENTIAL USAGE OF GUIDELINE STANDARDS BY DEFENDANT RACE AND GENDER IN FEDERAL DRUG SENTENCES: FACT OR FICTION? |
Federal Sentencing Reporter (January 1, 2002) |
A number of recent statistical studies from social science suggest that sentencing outcomes for federal drug offenses vary significantly by defendant race, gender, and ethnicity. The primary explanation offered for these apparent disparities is that defendant race, gender, and ethnicity interact with the legally relevant guideline factors (such as... |
2002 |
| Erik Luna |
DRUG EXCEPTIONALISM |
47 Villanova Law Review 753 (2002) |
NO one doubts that America is an exceptional society, both for better and for worse. It is the longest running democracy, the world's undisputed economic leader and the only remaining superpower in the new millennium. But the United States is also remarkable for its socio-economic inequality, commitment to litigation and adversarial relationships,... |
2002 |
| John Barry |
FROM DRUG WAR TO DIRTY WAR: PLAN COLOMBIA AND THE U.S. ROLE IN HUMAN RIGHTS VIOLATIONS IN COLOMBIA |
12 Transnational Law & Contemporary Problems 161 (Spring, 2002) |
L1-4,T4Forward 162 I. L2-4,T4Introduction 163 II. L2-4,T4Background on Colombia and the Drug War 164 A. L3-4,T4Geography 165 B. L3-4,T4People 166 C. L3-4,T4Economy 167 D. L3-4,T4History, Politics, and Society 168 E. L3-4,T4Origins and Evolution of the Drug Trade 171 F. L3-4,T4The U.S. Drug War 172 III. L2-4,T4The War on Drugs and Human Rights 173... |
2002 |
| Nancy S. Marder |
JURIES, DRUG LAWS & SENTENCING |
6 Journal of Gender, Race and Justice 337 (Fall 2002) |
The institution of the jury continues to be under attack. In the wake of criminal trials, such as O.J. Simpson, in which the jury was portrayed as biased or incompetent, and civil trials, such as the McDonald's coffee cup case, in which the jury was portrayed as vindictive and the award as outrageous, the other branches of government have tried to... |
2002 |
| Debora Halbert |
MORALIZED DISCOURSES: SOUTH AFRICA'S INTELLECTUAL PROPERTY FIGHT FOR ACCESS TO AIDS DRUGS |
1 Seattle Journal for Social Justice 257 (Fall/Winter, 2002) |
In 1997, the South African government passed the South African Medicines and Related Substances Control Act Amendments in order to address the problems associated with delivering AIDS medication to the millions of South Africans with HIV/AIDS. The scope of the act was modest, allowing the Minister of Health to make affordable medication available... |
2002 |
| Dee Marlo E. Chico |
PHARMACOGENOMICS: A BRAVE NEW WORLD IN DESIGNER DRUGS |
5 Scholar: St. Mary's Law Review on Minority Issues 111 (Fall 2002) |
I. Introduction. 112 A. Laying the Foundation. 113 1. The Scientific Background. 115 2. An Introduction to Pharmacogenomics. 116 II. Historical Perspective: An Introduction to Pharmacogenomics. 122 A. The Genome and Human History. 124 B. Genetic Determinism and Discrimination. 125 C. The Shadow of Eugenics. 126 D. The Nature of Pharmacogenomics.... |
2002 |
| Frank J. Chaloupka , Ellen J. Hahn , Sherry L. Emery |
POLICY LEVERS FOR THE CONTROL OF TOBACCO CONSUMPTION |
90 Kentucky Law Journal 1009 (2001-2002) |
Historically one of the oldest and most important crops in the United States, tobacco has become embroiled in the second half of the twentieth century in a struggle pitting American economic interests against public health. It is in the tobacco growing and manufacturing states that this conflict between lives and money is particularly prominent. In... |
2002 |
| Kenneth B. Nunn |
RACE, CRIME AND THE POOL OF SURPLUS CRIMINALITY: OR WHY THE 'WAR ON DRUGS' WAS A 'WAR ON BLACKS' |
6 Journal of Gender, Race and Justice 381 (Fall 2002) |
The War on Drugs has had a devastating effect on African American communities nationwide. Throughout the drug war, African Americans have been disproportionately investigated, detained, searched, arrested and charged with the use, possession and sale of illegal drugs. Vast numbers of African Americans have been jailed and imprisoned pursuant to the... |
2002 |
| Gabriel J. Chin |
RACE, THE WAR ON DRUGS, AND THE COLLATERAL CONSEQUENCES OF CRIMINAL CONVICTION |
6 Journal of Gender, Race and Justice 253 (Fall 2002) |
One of the most important recent developments in the criminal justice system is the increasing imposition of sanctions for conviction off-budget, covertly. These sanctions, often called collateral consequences, are not imposed explicitly as part of the sentencing process, but by legislative creation of penalties applicable by operation of law... |
2002 |
| Samuel R. Gross , Katherine Y. Barnes |
ROAD WORK: RACIAL PROFILING AND DRUG INTERDICTION ON THE HIGHWAY |
101 Michigan Law Review 651 (December, 2002) |
I. Introduction. 653 II. Stops, Searches and Hits. 662 A. The Maryland State Police Data. 662 1. Searches and Stops. 662 2. Hits.. 667 B. The Process. 670 1. Pretext Stops and Operation Pipeline. 670 2. Consent and Probable Cause. 672 3. Intelligence. 677 C. Do the Data Describe Reality?. 678 1. Misreporting. 678 2. Preselecting. 682 D. Is This... |
2002 |
| |
STATEMENT OF DIANA E. MURPHY |
Federal Sentencing Reporter (January 1, 2002) |
Chairman Biden, members of the Subcommittee, I am Diana Murphy, Chair of the United States Sentencing Commission (the Commission) and a judge on the Eighth Circuit Court of Appeals. I appreciate the opportunity to testify today about federal cocaine sentencing policy, and the Subcommittee should be commended for holding this important hearing.... |
2002 |
| Amanda Kay |
THE AGONY OF ECSTASY: RECONSIDERING THE PUNITIVE APPROACH TO UNITED STATES DRUG POLICY |
29 Fordham Urban Law Journal 2133 (June, 2002) |
People think they can stop the drug traffic by putting people in jail and by having terribly long sentences. But, of course, it doesn't do any good. -- Judge Whitman Knapp In the past few years, legislators and judges have become more vocal in their opposition to the war on drugs in the United States. However, challenging punitive drug laws is... |
2002 |
| Deanna Rae Reitman |
THE COLLISION BETWEEN THE RIGHTS OF WOMEN, THE RIGHTS OF THE FETUS AND THE RIGHTS OF THE STATE: A CRITICAL ANALYSIS OF THE CRIMINAL PROSECUTION OF DRUG ADDICTED PREGNANT WOMEN |
16 Saint John's Journal of Legal Commentary 267 (Winter 2002) |
An estimated 375,000 infants are born each year affected by maternal drug abuse during pregnancy, requiring up to $100,000 of intensive medical care per child. A $37.5 million price tag has compelled courts and legislatures to take action, many imposing criminal sanctions against pregnant drug users. The use of criminal sanctions to deal with... |
2002 |
| Lars Noah |
THE COMING PHARMACOGENOMICS REVOLUTION: TAILORING DRUGS TO FIT PATIENTS' GENETIC PROFILES |
43 Jurimetrics Journal 1 (Fall, 2002) |
The opportunity for increased precision in pharmaceutical therapy will represent one of the important legacies of the Human Genome Project. Medical researchers have long suspected that genetic differences account for some of the variability in patient response to drugs, but now they hope that the identification of single nucleotide... |
2002 |
| Stephen, Demuth, Assistant Professor of, Sociology, Bowling Green State, University |
THE EFFECT OF CITIZENSHIP STATUS ON SENTENCING OUTCOMES IN DRUG CASES |
Federal Sentencing Reporter (March 1, 2002) |
With the enactment of the Sentencing Reform Act of 1984, Congress explicitly instructed the U.S. Sentencing Commission to draft sentencing guidelines entirely neutral as to race, sex, national origin, creed, and socioeconomic status of offenders. Efforts to evaluate the success of the federal guidelines in avoiding unwarranted sentencing... |
2002 |
| FRANK O. BOWMAN, III Associate Professor of Law Indiana University, School of Law—Indianapolis |
THE GEOLOGY OF DRUG POLICY IN 2002 |
Federal Sentencing Reporter (November 1, 2001 - January 1, 2002) |
My father taught geology at the college in the small southwest Colorado town where I grew up. So I have always looked at the apparently solid, enduring features of the Earth's surface with the knowledge that the seeming stasis is an illusion born of my inability to see changes going on beneath the surface, as well as the disproportion between the... |
2002 |
| Mark T. Baker |
THE HOLLOW PROMISE OF TRIBAL POWER TO CONTROL THE FLOW OF ALCOHOL INTO INDIAN COUNTRY |
88 Virginia Law Review 685 (May 1, 2002) |
L1-2Introduction 686. I. The Historical Development of Federal Indian Alcohol Policy. 688 A. The Colonial Era. 688 B. United States Policy Regarding the Introduction of Alcohol into Indian Country. 690 C. Federal Statutes Governing Alcohol in Indian Country Today. 693 D. Federal Policy Governing the Distribution of Land in Indian Country. 695 II.... |
2002 |
| John Scalia,, Jr., Mr. Scalia is the, statistician for the, Office of the Detention, Trustee, U.S., Department of Justice., Previously, he was a, statistician with the, Bureau of Justice, Statistics managing, the Federal Justice, Statistics Program, and a |
THE IMPACT OF CHANGES IN FEDERAL LAW AND POLICY ON THE SENTENCING OF, AND TIME SERVED IN PRISON BY, DRUG DEFENDANTS CONVICTED IN U.S. DISTRICT COURTS |
Federal Sentencing Reporter (January 1, 2002) |
In the Sentencing Reform Act of 1984 (SRA), Congress sought to reduce or eliminate unwarranted disparities in sentences imposed within and across federal judicial districts. By reducing inter- and intra-district disparities, Congress sought to ensure that imposed sentences did not vary according to the defendant's race, gender, national origin,... |
2002 |
| Celesta A. Albonetti |
THE JOINT CONDITIONING EFFECT OF DEFENDANT'S GENDER AND ETHNICITY ON LENGTH OF IMPRISONMENT UNDER THE FEDERAL SENTENCING GUIDELINES FOR DRUG TRAFFICKING/MANUFACTURING OFFENDERS |
6 Journal of Gender, Race and Justice 39 (Spring/Summer 2002) |
During the last three decades, numerous studies have focused on the effects of extralegal defendant characteristics on sentence outcomes. Much of this research has examined the effect of the defendant's gender and/or the effect of the defendant's ethnicity on sentence severity. These studies have produced important findings establishing a... |
2002 |