AuthorTitleCitationSummaryYear
Frank Rudy Cooper THE UN-BALANCED FOURTH AMENDMENT: A CULTURAL STUDY OF THE DRUG WAR, RACIAL PROFILING AND ARVIZU 47 Villanova Law Review 851 (2002) THE drug war is the United States' attempt to eradicate illegal drug use by means of investigation and punishment of drug users and drug suppliers. In its current form, the drug war emanates from then newly elected President Ronald Reagan's declaration of a war on drugs. This Article seeks to elucidate how law enforcement interests aimed... 2002
Kevin R. Johnson U.S. BORDER ENFORCEMENT: DRUGS, MIGRANTS, AND THE RULE OF LAW 47 Villanova Law Review 897 (2002) OVER the last few decades, law enforcement efforts to control the U.S. borders have focused on drugs and illegal immigrants. While the North American Free Trade Agreement encouraged the free flow of capital and goods across American borders, the United States almost simultaneously with the trade pact's approval took aggressive steps in the name of... 2002
  U.S. SENTENCING COMMISSION HEARING, 2/25/02: POWDER COCAINE, CRACK COCAINE, AND RACE Federal Sentencing Reporter (January 1, 2002) Editor's Note: On February 25, 2002, the U.S. Sentencing Commission held a hearing on cocaine sentencing policy. The last two speakers, Wade Henderson of the Leadership Conference on Civil Rights and Charles Kamasaki of the National Council of La Raza expressed their concern about the disproportionate impact of federal drug policy on members of... 2002
Petra Sami WATERED DOWN CONSTITUTIONAL RIGHTS: A HOSPITAL'S ROLE IN PROSECUTING PREGNANT WOMEN FOR DRUG USE IN FERGUSON V. CITY OF CHARLESTON 16 Saint John's Journal of Legal Commentary 767 (Fall 2002) In the wake of the dramatic rise in the use of illicit drugs in modern society, the resulting war on drugs, and more specifically, the prevalence of drug use among pregnant women and the media attention on the rise of crack use and poignant stories of crack babies, states began prosecuting drug-using pregnant mothers for such crimes as child... 2002
  WHAT DOES THE FUTURE HOLD FOR DRUG COURTS? 29 Fordham Urban Law Journal 1858 (June, 2002) Nahama Broner New York University School of Social Work Caroline S. Cooper Drug Court Clearinghouse, American University Michael Jacobson John Jay College of Criminal Justice Juanita Bing-Newton New York State Office of Court Administration Deborah P. Small The Lindesmith Center My talk today is going to focus on slightly different than I think the... 2002
David B. Ezra "GET YOUR ASHES OUT OF MY LIVING ROOM!": CONTROLLING TOBACCO SMOKE IN MULTI-UNIT RESIDENTIAL HOUSING 54 Rutgers Law Review 135 (Fall, 2001) In this Article, the Author addresses one of the newer fronts in the battle between smokers and nonsmokersthe home. The Article suggests that existing legal precedent allows property owners and managers to regulate or prohibit smoking in various residential settings. After presenting a short history of tobacco regulation, the Author discusses the... 2001
Leonard E. Birdsong DRUG DECRIMINALIZATION AND FELONY DISENFRANCHISEMENT: THE NEW CIVIL RIGHTS CAUSES 2 Barry Law Review 73 (Summer 2001) The Fifteenth Amendment to the United States Constitution gave black men the right to vote five years after the Civil War ended. Black women won that right, along with other adult females, when the Nineteenth Amendment was ratified fifty years later. However, having the right on paper and being able to exercise it were two different things for many... 2001
Eric E. Sterling DRUG LAWS AND THOUGHT CRIME 10 Temple Political & Civil Rights Law Review 327 (Spring 2001) Good morning everyone. I am curious--how many people in the audience are law students? Could you raise your hands? How many people in the audience are lawyers, members of the bar? Raise your hands please. How many people in the audience are not lawyers or law students? Good, there is quite a mix. I wanted to start first with the question of Jim... 2001
Diana R. Gordon DRUG POLICY AND THE DANGEROUS CLASSES: A HISTORICAL OVERVIEW 10 Temple Political & Civil Rights Law Review 315 (Spring 2001) As this symposium convenes President Bill Clinton has on his desk, awaiting his signature, a bill that provides for harsh mandatory minimum sentences for possession and sale of methamphetamine but not for the closely related club drug Ecstasy. Speed tends to be a drug of choice for poor Hispanics while Ecstasy is used by middle-class whites,... 2001
Brigitte M. Nahas DRUG TESTS, ARRESTS & FETUSES: 8 Cardozo Women's Law Journal 105 (2001) A COMMENT ON THE U.S. SUPREME COURT'S NARROW OPINION IN FERGUSON v. CITY OF CHARLESTON The arrests resembled the conduct of a state in a totalitarian regime, with police apprehending some patients within days, or even hours, of giving birth, and hauling them to jail in handcuffs and leg shackles. Police attached handcuffs to three-inch wide leather... 2001
Paul Iannicelli DRUGS IN CINEMA: SEPARATING THE MYTHS FROM REALITY 9 UCLA Entertainment Law Review 139 (Fall 2001) American society has always had a conflicted attitude towards mood-altering drugs, characterized by fear on the one hand and curiosity on the other. During different times, one attitude or the other - fear or curiosity - seems to predominate. Periods of tolerance and benign outlook are followed by periods of intolerance and determined efforts to... 2001
Kurt Schmoke FORGING A NEW CONSENSUS IN THE WAR ON DRUGS: IS IT POSSIBLE? 10 Temple Political & Civil Rights Law Review 351 (Spring 2001) Thank you very much. Dean Epps , it is great to see you, great to be here. Marc Mauer and Eric Sterling and Judge Sweet have all been very active in trying to help us as a country to really try and live out the central tenants of our philosophy of equal justice under the law. I've heard them speak and they have heard me speak on a number of... 2001
David D. Cole FORMALISM, REALISM, AND THE WAR ON DRUGS 35 Suffolk University Law Review 241 (2001) Upon graduation, one of my law school classmates became an Assistant United States Attorney (AUSA) in a major city in the Northeast, where he found himself prosecuting federal drug cases. Like Supreme Court Justice Clarence Thomas reportedly reacted upon seeing a man taken into custody, my friend had a there but for the grace of God go I... 2001
Jerome H. Skolnick, Abigail Caplovitz GUNS, DRUGS, AND PROFILING: WAYS TO TARGET GUNS AND MINIMIZE RACIAL PROFILING 43 Arizona Law Review 413 (Summer 2001) Minorities--people of color--are the main victims of crime in New York and other cities. If murder rates had held steady in 1999 at the 1993 level in New York City, 2229 more African Americans, 64 more Asians, and 1842 more Hispanics (a total of 4205 people of color) would have been murder victims, as compared to 308 whites. And crime has plunged... 2001
Susan Frietsche POLICING DRUG USE DURING PREGNANCY 10 Temple Political & Civil Rights Law Review 411 (Spring 2001) Ferguson v. City of Charleston, No. 99-936, was argued before the U.S. Supreme Court on October 4, 2000. The facts of Ferguson are on the whole not in dispute: in 1989, Charleston County law enforcement officials collaborated with the Medical University of South Carolina--a public hospital that served primarily low-income, African American... 2001
Marc Mauer RACE, DRUG LAWS, & CRIMINAL JUSTICE 10 Temple Political & Civil Rights Law Review 321 (Spring 2001) This symposium is about the war on drugs and its impact, but I think that there are really two wars on drugs that we are talking about, with at least two perspectives. From one perspective, I am the parent of two teenage children. They are good kids, do well in school and are involved in sports and music. As far as I know my children are not doing... 2001
Dawn Day RACIAL PROFILING AND OTHER FACTORS IN THE SPREAD OF AIDS AMONG PEOPLE WHO INJECT DRUGS 10 Temple Political & Civil Rights Law Review 359 (Spring 2001) There are 20,000 new HIV infections each year among people who inject drugs, with the burden of the HIV/AIDS epidemic falling much more heavily on African Americans than on whites. This analysis will consider several possible reasons for this differential impact, including: racial differences in injecting drug use, racial differences in genetic... 2001
Samantha Weyrauch THE FETUS AND THE DRUG ADDICTED MOTHER: WHOSE RIGHTS SHOULD PREVAIL? 5 Michigan State University Journal of Medicine & Law 95 (Spring, 2001) C1-3Table of Contents L1-2Introduction . R395. I. Fetal/Maternal Rights. 97 A. Status of the Fetus in Medicine. 97 B. The Fetal Rights Doctrine. 98 II. The Problem of Prenatal Substance Abuse. 100 A. Profile of the Women. 101 B. Effects of Prenatal Cocaine Abuse. 103 C. Unavailability of Treatment Options. 105 III. Legal Obstacles to Maternal... 2001
Dennis J. Callahan THE LONG DISTANCE REMAND: FLORIDA v. BOSTICK AND THE RE-AWAKENED BUS SEARCH BATTLEFRONT IN THE WAR ON DRUGS 43 William and Mary Law Review 365 (October, 2001) The War on Drugs has led to the development of innovative police tactics in much the same way that conventional wars have produced technological and medical breakthroughs. To keep pace with law enforcement, the Supreme Court has been scrambling to set the boundaries of Fourth Amendment protection against unreasonable searches and seizures in... 2001
Steven J. Boretos THE ROLE OF DISCRIMINATION AND DRUG POLICY IN EXCESSIVE INCARCERATION IN THE UNITED STATES 6 University of the District of Columbia Law Review 73 (Fall 2001) United States prisons now hold more people in confinement than ever before in the history of any country in the world. An analysis of this situation reveals that racial discrimination and public policies, such as the war on drugs, getting tough on crime and zero tolerance are to blame, resulting in government-wide violations of individual... 2001
Eda Katharine Tinto THE ROLE OF GENDER AND RELATIONSHIP IN REFORMING THE ROCKEFELLER DRUG LAWS 76 New York University Law Review 906 (June, 2001) In recent years, New York's drug sentencing laws--the Rockefeller Drug Laws-- have come under attack due to their failure to reduce drug use despite the growing prison population. The political and academic communities now are debating how best to reform these laws. In this Note, Eda Tinto highlights the absence of a much-needed discussion... 2001
Lynn M. Paltrow THE WAR ON DRUGS AND THE WAR ON ABORTION: SOME INITIAL THOUGHTS ON THE CONNECTIONS, INTERSECTIONS AND THE EFFECTS 28 Southern University Law Review 201 (Special Edition 2001) While many people view the war on abortion and the war on drugs as distinct, there are in fact many connections and overlaps between the two. Their history, the strategies used to control and punish some reproductive choices and those to control the use of certain drugs, the limitations that exist to access to reproductive health care and drug... 2001
Benjamin D. Steiner , Victor Argothy WHITE ADDICTION: RACIAL INEQUALITY, RACIAL IDEOLOGY, AND THE WAR ON DRUGS 10 Temple Political & Civil Rights Law Review 443 (Spring 2001) [O]pposing whiteness is not the same as opposing white people. White supremacy is an equal opportunity employer; nonwhite people can become active agents of white supremacy as well as passive participants in its hierarchies and rewards. Some of these kids come from beautiful homes, says W.J. Hunt, chairman of the Los Angeles County Narcotics and... 2001
Ira Glasser AMERICAN DRUG LAWS: THE NEW JIM CROW 63 Albany Law Review 703 (2000) In 1942, over 120,000 Americans were stripped of their businesses and their homes and incarcerated for the duration of World War II. They committed no offense. They were convicted of no crime. They were suspected, arrested, had their property confiscated and were imprisoned because of the color of their skin and their national origin or the... 2000
Richard Dvorak CRACKING THE CODE: "DE-CODING" COLORBLIND SLURS DURING THE CONGRESSIONAL CRACK COCAINE DEBATES 5 Michigan Journal of Race and Law 611 (Spring 2000) INTRODUCTION. 612 I. The Failure of Equal Protection Challenges to the CrackSentencing Scheme. 617 A. United States v. Clary: One Court's Use of Unconscious Racism to Show Racial Discrimination. 617 B. Evading Intent: Unconscious Racism A Poor Fit with Supreme Court Jurisprudence. 621 II. The Historical Use of Racist Code Words In American... 2000
Dorothy E. Roberts CREATING AND SOLVING THE PROBLEM OF DRUG USE DURING PREGNANCY 90 Journal of Criminal Law and Criminology 1353 (Summer 2000) In the mid-1980s newspapers began to report an explosion of babies born affected by drugs in the womb. The crisis of drug-exposed babies cried out for action. Prosecutors across the county decided to tackle the problem by prosecuting the babies' mothers. Between 1985 and 1995, at least two hundred women in thirty states were charged with crimes... 2000
Linda G. Mills FEMINIST PHALLACIES: THE POLITICS OF PRENATAL DRUG EXPOSURE AND THE POWER OF LAW 25 Law and Social Inquiry 1215 (Fall 2000) Laura Gómez. Misconceiving Mothers: Legislators, Prosecutors, and the Politics of Prenatal Drug Exposure. Philadelphia: Temple University Press, 1997. Pp. ix + 207. $19.95. Power is infused in every human negotiation, and is especially evident in the politics and sociology of law. Although the general topic of the dynamics of power in law has... 2000
Bryony J. Gagan FERGUSON V. CITY OF CHARLESTON, SOUTH CAROLINA: 'FETAL ABUSE,' DRUG TESTING, AND THE FOURTH AMENDMENT 53 Stanford Law Review 491 (November, 2000) This note analyzes Ferguson v. City of Charleston, South Carolina, a Fourth Amendment case before the Supreme Court this term. Ferguson's appeal contends that the lower court did not properly apply the special needs exception to a discretionary drug-testing program that targeted pregnant hospital patients and was created by police and prosecutors... 2000
Alfred W. McCoy FROM FREE TRADE TO PROHIBITION: A CRITICAL HISTORY OF THE MODERN ASIAN OPIUM TRADE 28 Fordham Urban Law Journal 307 (October, 2000) America's current war on drugs represents a misuse of its power and a misperception of the global narcotics trade. In 1999, the White House issued the National Drug Control Strategy, announcing a multi-year program to reduce illegal drug use and availability 50 percent, and thereby achieve the lowest recorded drug-use rate in American history.... 2000
Alistair E. Newbern GOOD COP, BAD COP: FEDERAL PROSECUTION OF STATE-LEGALIZED MEDICAL MARIJUANA USE AFTER UNITED STATES V. LOPEZ 88 California Law Review 1575 (October, 2000) The Supreme Court's recent decisions in United States v. Lopez and United States v. Morrison articulate a vision of federalism under which Congress's regulatory authority under the Commerce Clause is severely limited in favor of returning traditional areas of state concern, particularly criminal law enforcement, to local or state control. The... 2000
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