| Author | Title | Citation | Summary | Year |
| Honorable Jack B. Weinstein , Mae C. Quinn |
TERRY, RACE, AND JUDICIAL INTEGRITY: THE COURT AND SUPPRESSION DURING THE WAR ON DRUGS |
72 Saint John's Law Review 1323 (Summer-Fall 1998) |
Thirty years ago the Supreme Court announced the stop and frisk rule that has become so much a part of modern criminal jurisprudence. Since then, commentators argue, the liberal and lenient Terry v. Ohio standard has been utilized to justify race-based stops by many law enforcement officers. In responding to Professor Tracey Maclin's concerns... |
1998 |
| Richard Curtis |
THE IMPROBABLE TRANSFORMATION OF INNER-CITY NEIGHBORHOODS: CRIME, VIOLENCE, DRUGS, AND YOUTH IN THE 1990S |
88 Journal of Criminal Law and Criminology 1233 (Summer, 1998) |
The reduction of crime was startling because it contradicted two powerful assumptions about life in the United States. The first was that cities were becoming progressively more dangerous places to live. In this formulation, not only were Americans more at risk for becoming victims of violent crime, they were also more likely to become perpetrators... |
1998 |
| Robin A. Longaker |
WARNING: YOUR TOBACCO SPONSORSHIP MAY BE HAZARDOUS TO OUR NATION'S HEALTH |
5 Villanova Sports and Entertainment Law Journal 165 (1998) |
I'll tell you why I like the cigarette business. It costs a penny to make. Sell it for a dollar. It's addictive. And there's fantastic brand loyalty. Events such as Nascar's Winston Cup, World Cup Soccer, Cigarette boat races, America's Cup, Wimbledon and the Superbowl display an array of athletic achievement and are known world wide.... |
1998 |
| Scott D. Matthews |
WILL NASCAR HAVE TO PUT ON THE BRAKES?: THE CONSTITUTIONALITY OF THE FDA'S BAN ON BRAND-NAME TOBACCO SPONSORSHIP IN MOTOR SPORTS |
31 Indiana Law Review 219 (1998) |
They come in their motor homes and pick-up trucks, the working class and the wealthy alike. Some come with coolers full of beer. Some come in tee shirts sporting their hero. Some come with no shirts at all. But they all come for the same reason-to see cars blaze around a race track at nearly two-hundred miles per hour; to see their favorite driver... |
1998 |
| David H. Angeli |
A "SECOND LOOK" AT CRACK COCAINE SENTENCING POLICIES: ONE MORE TRY FOR FEDERAL EQUAL PROTECTION |
34 American Criminal Law Review 1211 (Spring, 1997) |
I. L2-3,T3Introduction 1211 II. L2-3,T3The Totality of Relevant Facts': A Reexamination of History, Policy Objectives, and Foreseeable Disparate Impact 1217 A. Foreseeability of Disparate Impact. 1218 B. The Racial Fears Historically Embodied in Federal Drug Laws.. 1221 C. Events Leading to the Passage of Cocaine Sentencing Provisions. 1223 D.... |
1997 |
| Gregory D. Bassuk |
ADVERTISING RIGHTS AND INDUSTRY FIGHTS: A CONSTITUTIONAL ANALYSIS OF TOBACCO ADVERTISING RESTRICTIONS IN A FEDERAL LEGISLATIVE SETTLEMENT OF TOBACCO INDUSTRY LITIGATION |
85 Georgetown Law Journal 715 (February, 1997) |
A sweeping legislative proposal that would bar lawsuits against the tobacco industry for the next fifteen years and immunize cigarette manufacturers from regulation by the U.S. Food and Drug Administration has been quietly circulating on Capitol Hill. For years, tobacco industry leaders, lawmakers, and antismoking groups have considered how to... |
1997 |
| Tracey L. Meares |
CHARTING RACE AND CLASS DIFFERENCES IN ATTITUDES TOWARD DRUG LEGALIZATION AND LAW ENFORCEMENT: LESSONS FOR FEDERAL CRIMINAL LAW |
1 Buffalo Criminal Law Review 137 (1997) |
America's drug problem manifests itself in many ways. Illegal drugs are linked to high crime levels, high imprisonment rates, and wasted lives. The harms associated with drugs and drug law enforcement disproportionately affect African Americans. Increasingly the answer to the drug problem is presented in terms of a debate between the supporters of... |
1997 |
| Cristian M. Stevens |
CRITICISM OF CRACK COCAINE SENTENCES IS NOT WHAT IT IS CRACKED UP TO BE: A CASE OF FIRST IMPRESSION WITHIN THE ONGOING CRACK VS. COCAINE DEBATE |
62 Missouri Law Review 869 (Fall 1997) |
In United States v. Jackson, the United States Court of Appeals for the Eighth Circuit held that the sentencing provisions of 21 U.S.C. S 841 are unambiguous, and declined to apply the rule of lenity to reduce the defendant's sentence. Although the narrow issue of the alleged ambiguity of the sentencing provisions was an issue of first impression,... |
1997 |
| Mark Parts |
DISEASE PREVENTION AS DRUG POLICY: A HISTORICAL PERSPECTIVE ON THE CASE FOR LEGAL ACCESS TO STERILE SYRINGES AS A MEANS OF REDUCING DRUG-RELATED HARM |
24 Fordham Urban Law Journal 475 (Spring 1997) |
Invention of the modern hypodermic syringe in the mid-1800s is generally attributed to Dr. Alexander Wood of Edinburgh. By the employment of this instrument and the injection of morphine and other derivatives of opium under the skin, it was thought that the so-called opium appetite would not be stimulated, as it was by oral administration. Heroin... |
1997 |
| Julie S. Thomerson |
DRUG SENTENCING |
74 Denver University Law Review 435 (1997) |
Most of the recent controversy regarding drug sentencing arises from inconsistencies between statutory minimums and the relatively new Sentencing Guidelines (Guidelines) promulgated by the Federal Sentencing Commission. Where the two conflict, courts have exercised judicial discretion to determine the appropriate standard. This has created... |
1997 |
| Andrew N. Sacher |
INEQUITIES OF THE DRUG WAR: LEGISLATIVE DISCRIMINATION ON THE COCAINE BATTLEFIELD |
19 Cardozo Law Review 1149 (December, 1997) |
There are no living communities which do not have some notions of justice, beyond their historic laws, by which they seek to gauge the justice of their legislative enactments. America's War on Drugs commenced in 1982. Congress subsequently created the United States Sentencing Commission through the Sentencing Reform Act of 1984 with the express... |
1997 |
| Donald W. Garner , Richard J. Whitney |
PROTECTING CHILDREN FROM JOE CAMEL AND HIS FRIENDS: A NEW FIRST AMENDMENT AND FEDERAL PREEMPTION ANALYSIS OF TOBACCO BILLBOARD REGULATION |
46 Emory Law Journal 479 (Spring 1997) |
Since the following Article was completed, a Supreme Court decision and a proposed comprehensive settlement of tobacco liability have given its central thesis added force and importance. First, the U.S. Supreme Court denied certiorari to the alcohol and billboard companies that sought review of the Fourth Circuit's opinions in Anheuser-Busch, Inc.... |
1997 |
| Bradford J. Patrick |
SNUFFING OUT THE FIRST AMENDMENT: THE FDA REGULATION OF TOBACCO COMPANY ADVERTISING AND SPORTS SPONSORSHIPS UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. |
8 Marquette Sports Law Journal 139 (Fall 1997) |
Cigarette smoking did not become a large part of society in America until around 1910, when the Camel brand, the first blended tobacco cigarette, was introduced by R.J. Reynolds. After peaking in the mid-1950s, consumption of all forms of tobacco has continued to drop. In 1955, the National Cancer Institute conducted the first large-scale... |
1997 |
| Joseph L. Gastwirth , Tapan K. Nayak |
STATISTICAL ASPECTS OF CASES CONCERNING RACIAL DISCRIMINATION IN DRUG SENTENCING: STEPHENS v. STATE AND U.S. v. ARMSTRONG |
87 Journal of Criminal Law and Criminology 583 (Winter 1997) |
Statistical evidence has been accepted in a wide variety of legal cases, including trademark confusion, product liability, and jury and employment discrimination. Recently, statistics introduced on behalf of defendants who have challenged the fairness of sentencing practices have been poorly received by courts, as compared to their acceptability in... |
1997 |
| Wayne L. Mowery, Jr. |
STEPPING UP THE WAR ON DRUGS: PROSECUTION AND ENHANCED SENTENCES FOR CONSPIRACIES TO POSSESS OR DISTRIBUTE DRUGS UNDER STATE AND FEDERAL SCHOOLYARD STATUTES |
101 Dickinson Law Review 703 (Summer 1997) |
Drug abuse cuts across all cultural, racial, and economic lines and impairs millions of Americans. Drug use is inextricably linked to crime and violence, and contributes to the breakdown of our families, the abuse of children and adults, the spread of the AIDS virus, school dropouts and the declining quality of education, homelessness, urban decay,... |
1997 |
| Juan R. Torruella |
THE "WAR ON DRUGS": ONE JUDGE'S ATTEMPT AT A RATIONAL DISCUSSION |
14 Yale Journal on Regulation 235 (Winter 1997) |
(E)ver since (Columbus mistook his discovery for the islands off Asia), the American continent has existed between dream and reality, in a divorce between the good society that we desire and the imperfect society in which we really live. --Mexican author Carlos Fuentes, former ambassador to the United States and the United Nations Introduction Our... |
1997 |
| Mark J. Kadish |
THE DRUG COURIER PROFILE: IN PLANES, TRAINS, AND AUTOMOBILES; AND NOW IN THE JURY BOX |
46 American University Law Review 747 (February, 1997) |
Introduction. 748 I. Drug Courier Profile and the Fourth Amendment. 753 II. Beyond the Fourth Amendment: Drug Courier Profile Evidence in the Courtroom. 760 A. The Majority: Profile Evidence is Inadmissible as Substantive Evidence of Guilt. 761 B. Exceptions for Admissibility of Drug Courier Profile Evidence . 762 1. Rebuttal evidence. 763 2.... |
1997 |
| Lawrence O. Gostin |
THE EPIDEMICS OF INJECTING DRUG USE AND BLOOD-BORNE DISEASE: A PUBLIC HEALTH PERSPECTIVE |
31 Valparaiso University Law Review 669 (Spring, 1997) |
The twin epidemics of injecting drug use and blood-borne disease threaten both public health and social structure. The drug-related health problems of the estimated 1.5 million injecting drug users (IDUs) in the United States range from blood-borne infections to physical deterioration and death. The most comprehensive longitudinal study among IDUs... |
1997 |
| Joe R. Hinojosa |
THE FOOD AND DRUG ADMINISTRATION'S FINAL RULE ON TOBACCO ADVERTISING IS ALL BUTT FINAL: COMMERCIAL SPEECH DOCTRINE WILL BE TESTED ONCE MORE UNDER A STRICTER CENTRAL HUDSON ANALYSIS IN THE AFTERMATH OF 44 LIQUORMART, INC. v. RHODE ISLAND |
28 Saint Mary's Law Journal 729 (1997) |
I. Introduction. 730 II. The FDA's Role in Protecting the American Public. 738 A. Restrictive Medical Devices and the FDA's Regulation of Tobacco. 738 B. Snuffing out Tobacco's Grip on American Children. 740 III. Jurisprudential History of Commercial Speech. 747 A. Summary of the Commercial Speech Doctrine. 747 B. The Central Hudson Test. 751 C. 44... |
1997 |
| Nkechi Taifa |
BEYOND INSTITUTIONALIZED RACISM: "THE GENOCIDAL IMPACT OF EXECUTIVE, LEGISLATIVE & JUDICIAL DECISION–MAKING IN THE CRACK COCAINE FIASCO" |
10–OCT NBA National Bar Association Magazine 13 (September/October, 1996) |
During heated debate on the floor of the House of Representatives on the crack cocaine issue last year, Representative Maxine Waters conveyed comments of frustration from her constituents disparaging the prevalence of crack cocaine in their communities: Ms. Waters, why do they not get the big drug dealers?, she quoted them as asking. What is... |
1996 |
| William Spade, Jr. |
BEYOND THE 100:1 RATIO: TOWARDS A RATIONAL COCAINE SENTENCING POLICY |
38 Arizona Law Review 1233 (Winter, 1996) |
It may profit us very little to win the war on drugs if in the process we lose our soul. In the Violent Crime Control and Law Enforcement Act of 1994, Congress directed the United States Sentencing Commission (Sentencing Commission or Commission) to study federal sentencing policy as it relates to possession and distribution of all forms of... |
1996 |
| Laura Duncan |
CIGARETTE MAKERS RACE ATTORNEYS GENERAL TO COURT |
82-MAR ABA Journal 38 (March, 1996) |
In a pre-emptive strike, cigarette makers have sued the attorneys general in two states to snuff out expected lawsuits seeking to recover smoking-related health costs. The result may not be a lucky strike, however, according to some experts asked to comment on the two separate lawsuits, filed in Massachusetts and Texas. Five cigarette makers fired... |
1996 |
| Norbert Gilmore ; |
DRUG USE AND HUMAN RIGHTS: PRIVACY, VULNERABILITY, DISABILITY, AND HUMAN RIGHTS INFRINGEMENTS |
12 Journal of Contemporary Health Law and Policy 355 (Spring 1996) |
Drug use is a complex social phenomenon involving the drugs which are used, the people using them, the context in which they are acquired and used, and the social construction of drug use by society and by governments. It is a popular yet controversial behavior which elicits extreme public opinion. Discourse about drug use is often polarized,... |
1996 |
| Omar Saleem |
KILLING THE PROVERBIAL TWO BIRDS WITH ONE STONE: USING ENVIRONMENTAL STATUTES AND NUISANCE TO COMBAT THE CRIME OF ILLEGAL DRUG TRAFFICKING |
100 Dickinson Law Review 685 (Summer 1996) |
Illegal drugs and the destruction of the natural environment both are major concerns of many Americans. These twin social problems raise serious social concerns. Tremendous efforts have been channeled into confronting both environmental degradation and stopping the flow of illegal drugs. A tendency exists to separate the problems from each other... |
1996 |
| Robert Batey |
NAKED LUNCH FOR LAWYERS: WILLIAM S. BURROUGHS ON CAPITAL PUNISHMENT, PORNOGRAPHY, THE DRUG TRADE, AND THE PREDATORY NATURE OF HUMAN INTERACTION |
27 California Western International Law Journal 101 (Fall 1996) |
At eighty-two, William S. Burroughs has become a literary icon, arguably the most influential American prose writer of the last 40 years, the rebel spirit who has witch-doctored our culture and consciousness the most. In addition to literature, Burroughs' influence is discernible in contemporary music, art, filmmaking, and virtually any other... |
1996 |
| Steven R. Salbu |
NEEDLE EXCHANGE, HIV TRANSMISSION, AND ILLEGAL DRUG USE: INFORMING LAW AND PUBLIC POLICY WITH SCIENCE AND RATIONAL DISCOURSE |
33 Harvard Journal on Legislation 105 (Winter, 1996) |
Efforts to control the spread of AIDS have been constrained by the controversial nature of many prevention programs. This is especially true of needle exchange programs. In this Article, Professor Salbu explores the issues behind needle exchange and the validity of arguments both for and against such programs. He also provides a comprehensive... |
1996 |
| Juan R. Torruella |
ONE JUDGE'S ATTEMPT AT A RATIONAL DISCUSSION OF THE SO-CALLED WAR ON DRUGS |
6 Boston University Public Interest Law Journal 1 (Fall 1996) |
In The Buried Mirror, Carlos Fuentes, a well-known Mexican author and a former ambassador to the United States and the United Nations, observes that ever since Columbus' dis-Orientation in mistaking his discovery of the Indies for that of the islands off Asia: the American continent has existed between dream and reality, in a divorce between the... |
1996 |
| Juan R. Torruella |
ONE JUDGE'S ATTEMPT AT A RATIONAL DISCUSSION OF THE SO-CALLED WAR ON DRUGS |
66 Revista Juridica Universidad de Puerto Rico 1 (1996) |
I was recently reading a book by the well-known Mexican author Carlos Fuentes, also former ambassador to the United States and the United Nations, who on commenting upon Columbus' dis-Orientation in mistaking his discovery for that of the islands off Asia, observed that: [E]ver since, the American continent has existed between dream and... |
1996 |
| Robert J. Miller , Maril Hazlett |
THE "DRUNKEN INDIAN": MYTH DISTILLED INTO REALITY THROUGH FEDERAL INDIAN ALCOHOL POLICY |
28 Arizona State Law Journal 223 (Spring, 1996) |
[I]f it be the Design of Providence to extirpate these Savages in order to make room for Cultivators of the Earth, it seems not improbable that Rum may be the appointed Means. Benjamin Franklin I. Introduction: Myth of the Drunken Indian Versus the Reality. 225 II. Theories on Indian Alcohol Use. 229 A. Biologic or Genetic Predisposition. 229 B.... |
1996 |
| Thomas M. Mieczkowski |
THE PREVALENCE OF DRUG USE IN THE UNITED STATES |
20 Crime and Justice 349 (1996) |
The four major sources of data on the prevalence of use of illicit drugsthe National Household Survey on Drug Abuse, the High School Senior Survey (Monitoring the Future), the Drug Abuse Warning Network, and the Drug Use Forecasting Systemtell us much that we want to know about drug abuse patterns and trends but not enough. The first two are... |
1996 |