| Author | Title | Citation | Summary | Year |
| David C. Leven |
OUR DRUG LAWS HAVE FAILED--SO WHERE IS THE DESPERATELY NEEDED MEANINGFUL REFORM? |
28 Fordham Urban Law Journal 293 (October, 2000) |
New York has completely lost sight of the true nature of the crimes involved. . . . It is difficult to believe that the possession of an ounce of cocaine or a $20 street sale is a more dangerous or serious offense than the rape of a ten-year-old, the burning down of a building occupied by people, or the killing of another human being while... |
2000 |
| Jefferson M. Fish |
RETHINKING OUR DRUG POLICY |
28 Fordham Urban Law Journal 9 (October, 2000) |
The time has come--some would say it is long overdue--for a comprehensive reexamination of our drug policy. We need to clarify our goals, examine our strategies, evaluate their consequences, both desirable and undesirable, and consider alternatives. Because drug policy affects so many areas of life, and because so many disciplines have important... |
2000 |
| Roseanne Scotti |
THE 'ALMOST OVERWHELMING TEMPTATION': THE HEGEMONY OF DRUG WAR DISCOURSE IN RECENT FEDERAL COURT DECISIONS INVOLVING FOURTH AMENDMENT RIGHTS |
10 Temple Political & Civil Rights Law Review 139 (Fall 2000) |
In Willis v. Anderson Community School Corporation, the Court of Appeals for the Seventh Circuit ruled that a school district had not shown a compelling need that would justify invasive searches of students by drug testing. The Willis court stated: At the outset of our inquiry into the [district's] need, we must confess to the almost overwhelming... |
2000 |
| Tung Yin |
THE PROBATIVE VALUES AND PITFALLS OF DRUG COURIER PROFILES AS PROBABILISTIC EVIDENCE |
5 Texas Forum on Civil Liberties & Civil Rights 141 (Summer & Fall 2000) |
Suppose that Jones arrives at the Los Angeles airport in a taxicab. He pays entirely in cash for a one-way ticket to Detroit, from where he arrived earlier in the day. He does not check any luggage, opting to carry two shoulder bags with him. Before he boards the plane, Drug Enforcement Agency operatives detain him for an investigative stop,... |
2000 |
| Timothy Edwards |
THE THEORY AND PRACTICE OF COMPULSORY DRUG TREATMENT IN THE CRIMINAL JUSTICE SYSTEM: THE WISCONSIN EXPERIMENT |
2000 Wisconsin Law Review 283 (2000) |
I. Introduction. 284 II. Drug Treatment and the Criminal Justice System. 290 A. Identifying the Problem: Clinical Versus Penological Approaches. 290 1. Classification: The Clinical Approach. 293 a. Symptoms: The Clinical Approach. 294 b. Etiology: Clinical Constructs. 296 i. The Family. 297 ii. Environment298 iii. Co-Morbidity: The Dual Disorder.... |
2000 |
| Karen D. Zivi |
WHO IS THE GUILTY PARTY? RIGHTS, MOTHERHOOD, AND THE PROBLEM OF PRENATAL DRUG EXPOSURE |
34 Law and Society Review 237 (2000) |
In 1987, California prosecutors used the state's child support statute to charge Pamela Rae Stewart with criminal neglect for using drugs while she was pregnant. With this prosecution Stewart became the first woman in the United States charged with the crime of exposing her fetus to drugs (Gomez 1997; Roberts 1997). In 1989, Florida prosecutors... |
2000 |
| |
WINNING THE WAR ON DRUGS: A "SECOND CHANCE" FOR NONVIOLENT DRUG OFFENDERS |
113 Harvard Law Review 1485 (April, 2000) |
Since the mid-1980s, the United States has undertaken an extensive effort to incarcerate drug offenders using congressionally prescribed sentencing guidelines and mandatory minimums. These so-called War on Drugs measures, which also include three-strikes laws and lengthy first-time drug offender sentences, have fundamentally changed the... |
2000 |
| Laura M. Rojas |
CALIFORNIA'S COMPASSIONATE USE ACT AND THE FEDERAL GOVERNMENT'S MEDICAL MARIJUANA POLICY: CAN CALIFORNIA PHYSICIANS RECOMMEND MARIJUANA TO THEIR PATIENTS WITHOUT SUBJECTING THEMSELVES TO SANCTIONS? |
30 McGeorge Law Review 1373 (Summer, 1999) |
In November 1996, California voters passed Proposition 215, known as the Compassionate Use Act of 1996. This statute specifies that a physician may recommend the use of marijuana for the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.... |
1999 |
| Christine M. Bulger |
IN THE BEST INTEREST OF THE CHILD? RACE AND CLASS DISCRIMINATION IN PRENATAL DRUG USE PROSECUTIONS |
19 Boston College Third World Law Journal 709 (Spring, 1999) |
PRIVATE CHOICES, PUBLIC CONSEQUENCES: REPRODUCTIVE TECHNOLOGY AND THE NEW ETHICS OF CONCEPTION, PREGNANCY, AND FAMILY. By lynda Beck Fenwick. New York: Dutton. 1998. Pp. 390. Conflicts of opinion abound in regard to the moral and ethical questions posed by today's rapid advances in reproductive technology. These issues include deciding whether or... |
1999 |
| Lynn M. Paltrow |
PREGNANT DRUG USERS, FETAL PERSONS, AND THE THREAT TO ROE V. WADE |
62 Albany Law Review 999 (1999) |
On the twenty-fifth anniversary of Roe v. Wade, it is safe to say that there has been a concerted effort to overturn that decision and to outlaw all abortions. The most widely-recognized efforts to restrict abortion have come from legislative initiatives to restrict or outlaw abortion and from violent attacks against women who seek health care from... |
1999 |
| Therese Powers |
RACE FOR PERFECTION: CHILDREN'S RIGHTS AND ENHANCEMENT DRUGS |
13 Journal of Law and Health 141 (1998-1999) |
I. Introduction. 141 II. Overview of Ritalin and Human Growth Hormone. 142 A. Ritalin. 142 B. Human Growth Hormone. 145 C. Competing Interests in Administering Ritalin & HGH. 146 III. Children's Rights. 150 A. Generally. 150 B. Children's Rights vs. Parental Rights. 152 C. Civil Commitment. 154 D. Abortion. 155 E. Religion. 158 F. Non-Religious... |
1999 |
| Joanna Raby |
RECLAIMING OUR PUBLIC SCHOOLS: A PROPOSAL FOR SCHOOL-WIDE DRUG TESTING |
21 Cardozo Law Review 999 (December, 1999) |
Substance abuse among schoolchildren in the United States has reached epidemic levels. Within public schools, substance abuse has led to an increase in disciplinary problems and has interfered significantly with the ability of teachers and administrators to carry out their educational mandates. In the face of this drug-related disciplinary crisis,... |
1999 |
| Gary A. Pulsinelli |
THE ORPHAN DRUG ACT: WHAT'S RIGHT WITH IT |
15 Santa Clara Computer and High Technology Law Journal 299 (May, 1999) |
I. Introduction. 300 II. The Orphan Drug Act. 302 A. Background. 303 B. Chronology. 305 1. The 1983 Act. 305 2. The 1984 Amendments. 307 3. The 1985 Amendments. 308 4. The 1988 Amendments. 308 5. The 1993 Regulations. 309 C. Orphan Drug Act Provisions. 310 1. Protocol Assistance. 310 2. Marketing Exclusivity. 310 3. Open Protocols. 311 4. Orphan... |
1999 |
| Danny David |
THREE PATHS TO JUSTICE: NEW APPROACHES TO MINORITY-INSTITUTED TOBACCO LITIGATION |
15 Harvard BlackLetter Law Journal 185 (Spring, 1999) |
When you get the dragon out of his cave on to the plain and in the daylight, you can count his teeth and claws, and see just what is his strength. But to get him out is only the first step. The next is either to kill him, or to tame him . Having finally lured the once-elusive American tobacco industry into the daylight, plaintiffs in several... |
1999 |
| David J. Malcolm |
TOBACCO, GLOBAL PUBLIC HEALTH, AND NON-GOVERNMENTAL ORGANIZATIONS: AN EMINENT PANDEMIC OR JUST ANOTHER LEGAL PRODUCT? |
28 Denver Journal of International Law and Policy 1 (Winter 1999) |
I. Introduction. 2 II. Tobacco and Health. 7 III. Public Education and Awareness. 12 IV. Tobacco's Effect upon Children. 16 A. Influences upon the Child. 16 B. Support from International Law. 19 V. Substance Control. 23 A. A Medical Basis. 23 B. An Argument for an International Legal Basis. 24 VI. Economic Issues. 26 A. Economics. 26 B.... |
1999 |
| Nicholas deB. Katzenbach |
A RATIONAL DISCUSSION OF CURRENT DRUG LAWS |
25 Fordham Urban Law Journal 443 (Spring 1998) |
I do not want to be characterized here as an expert because I think the experts are here as members of the panel. I am really just speaking as a lawyer, as a citizen, and as somebody who is concerned about these problems. Thirty years ago this month the President's Crime Commission came out with a rather extensive report. I had the honor to chair... |
1998 |
| Robert Nash Parker , Randi S. Cartmill |
ALCOHOL AND HOMICIDE IN THE UNITED STATES 1934-1995--OR ONE REASON WHY U.S. RATES OF VIOLENCE MAY BE GOING DOWN |
88 Journal of Criminal Law and Criminology 1369 (Summer, 1998) |
In the last few years, a great deal of attention has been devoted to the apparent decline in rates of homicide and other kinds of violence in the United States. Commentators debate whether rates of violence are actually declining, and what are the reasons for this apparent decline. The purpose of this paper is to explore the possibility that one... |
1998 |
| Kathleen M. Paralusz |
ASHES TO ASHES: WHY FDA REGULATION OF TOBACCO ADVERTISING MAY MARK THE END OF THE ROAD FOR THE MARLBORO MAN |
24 American Journal of Law & Medicine 89 (1998) |
Despite education campaigns about the health hazards associated with smoking and the use of smokeless tobacco, teenage use of tobacco products has reached epidemic proportions. Recent studies indicate that adolescent smoking is on the rise, and that children are beginning to smoke at progressively earlier ages. Nearly 3,000 young people start... |
1998 |
| Kevin F. Ryan |
CLINGING TO FAILURE: THE RISE AND CONTINUED LIFE OF U.S. DRUG POLICY |
32 Law and Society Review 221 (1998) |
Why do public policies persist in the face of failure? How do certain approaches to public problems gain such a dominance over our patterns of thinking that their lack of success only implies the need for more of the same? Why does the policymaking process become so preoccupied with a narrow range of alternatives, so blinded by a narrow range of... |
1998 |
| Corinne A. Carey |
CRAFTING A CHALLENGE TO THE PRACTICE OF DRUG TESTING WELFARE RECIPIENTS: FEDERAL WELFARE REFORM AND STATE RESPONSE AS THE MOST RECENT CHAPTER IN THE WAR ON DRUGS |
46 Buffalo Law Review 281 (WINTER 1998) |
Autonomy is the death knell of authority, and authority knows it: hence the ceaseless warfare of authority against the exercise, both real and symbolic, of autonomy-that is, against suicide, against masturbation, against self-medication . . . Experience should teach us to be most on our guard to protect liberty when the Government's purposes are... |
1998 |
| Irene Dey |
DRUG COURIER PROFILES: AN INFRINGEMENT ON FOURTH AMENDMENT RIGHTS |
28 University of Baltimore Law Forum 3 (Summer, 1998) |
Drug courier profiles were developed in the early 1970s as part of an effort to reduce the flow of drugs into the United States. The profiles gained wide use by the Drug Enforcement Agency (DEA) at airports and, due to their success, gained much popularity with state and local law enforcement agencies. Although there is no national drug courier... |
1998 |
| DOUGLAS A. BERMAN, Assistant Professor, Ohio State University College of Law |
EDITOR'S OBSERVATIONS |
Federal Sentencing Reporter (February 1, 1998) |
As the guidelines enter their second decade, the evolution of federal sentencing policy and practice is now as important, if not more important, than the decisions made by Congress and the Sentencing Commission when the guidelines were first enacted. Two matters that have evolved into long-term controversies the disparate penalties for crack and... |
1998 |
| John F. Galliher , David P. Keys , Michael Elsner |
LINDESMITH V. ANSLINGER: AN EARLY GOVERNMENT VICTORY IN THE FAILED WAR ON DRUGS |
88 Journal of Criminal Law and Criminology 661 (Winter 1998) |
The late Alfred Lindesmith was an Indiana University sociology professor who was a long-time advocate of medical treatment of addiction. We demonstrate below how the Federal Bureau of Narcotics (FBN) attempted to intimidate Lindesmith, stifle his research, and interfere with his publication of articles counter to FBN policies. In addition, we argue... |
1998 |
| Jaime A. Wilsker |
ONE-HALF PHEN IN THE MORNING/ ONE FEN BEFORE DINNER: A PROPOSAL FOR FDA REGULATION OF OFF-LABEL USES OF DRUGS |
6 Journal of Law & Policy 795 (1998) |
When a nearly untested drug combination enters the obesity market in a country where people are willing to try almost anything that promises to help them shed pounds, you have a potential disaster on your hands. Desperation leads people to the miracle bottle for a quick fix weight loss drug like fen-phen. It's not just being able to wear shorts... |
1998 |
| William J. Stuntz |
RACE, CLASS, AND DRUGS |
98 Columbia Law Review 1795 (November, 1998) |
Urban crack markets have received more police attention than markets for cocaine powder, and crack buyers and sellers have received harsher punishments than powder buyers and sellers. Crack defendants are largely black; powder defendants are not. Some say this divide is simply racist. Others say the system actually helps black communities by... |
1998 |
| Richard C. Boldt |
REHABILITATIVE PUNISHMENT AND THE DRUG TREATMENT COURT MOVEMENT |
76 Washington University Law Quarterly 1205 (Winter, 1998) |
Introduction. 1206 I. Twentieth Century Rehabilitative Penal Practice in the United States. 1218 A. The Development and Repudiation of the Rehabilitative Ideal. 1219 B. The Practical Critique. 1223 1. The Problems of Diagnosis, Evaluation, and Prognosis. 1224 2. The Problems of Indeterminacy and Discretion. 1230 C. The Theoretical Perspective of... |
1998 |
| Vernellia R. Randall |
SMOKING, THE AFRICAN-AMERICAN COMMUNITY, AND THE PROPOSED NATIONAL TOBACCO SETTLEMENT |
29 University of Toledo Law Review 677 (Summer, 1998) |
Dedicated to the Memory of Ernest Randall 1916-1995 My great-grandfather, Manlis Randle, lived to be ninety-four years old; my grandfather, Tom Randall, the youngest child of slaves, lived to be ninety-seven years old. My father, an educated black man of the twentieth century, lived only to seventy-nine. He died of cancer after smoking cigarettes... |
1998 |
| Tracey L. Meares |
SOCIAL ORGANIZATION AND DRUG LAW ENFORCEMENT |
35 American Criminal Law Review 191 (Winter 1998) |
I. Introduction. 191 II. Community Social Organization Theory and the Current Drug-Law Enforcement Regime. 194 A. A Theory of Community Social Organization. 194 B. Tough Sentences and Social Organization Improvement?. 198 C. Tough Sentences and Social Organization Disruption?. 205 D. Stigma, Linked Fate, and Multiple Roles: The Current Drug-Law... |
1998 |
| Patricia A. Davidson |
TALES FROM THE TOBACCO WARS: INDUSTRY ADVERTISING TARGETS TEENAGE GIRLS |
13 Wisconsin Women's Law Journal 1 (Spring 1998) |
Startling statistics on youth smoking prompted the Surgeon General to label smoking a pediatric epidemic in her 1994 report. Relying on this data and new evidence that the tobacco industry intended their tobacco products to affect the structure and function of the body, the Food and Drug Administration (FDA) asserted jurisdiction over tobacco... |
1998 |
| Joni Hersch |
TEEN SMOKING BEHAVIOR AND THE REGULATORY ENVIRONMENT |
47 Duke Law Journal 1143 (April, 1998) |
Professor Hersch argues that most state regulations aimed at fighting teen smoking have had little or no effect. She provides evidence that despite widespread age restrictions on purchasing tobacco, most teens do not consider it difficult for minors to purchase tobacco products within their community. She also presents evidence demonstrating a... |
1998 |