AuthorTitleCitationSummaryYear
Julie Petrow ADDICTED MOTHERS, DRUG-EXPOSED BABIES: THE UNPRECEDENTED PROSECUTION OF MOTHERS UNDER DRUG-TRAFFICKING STATUTES 36 New York Law School Law Review 573 (1991) It is estimated by the National Association of Perinatal Addiction Research and Education (NAPARE) that eleven percent of women use drugs during pregnancy, resulting in 375,000 births of drug-exposed infants annually. As frightening as these statistics are, the individual accounts of the pervasive problem of pregnant drug abusers are even more... 1991
Kenneth R. Hillier BEYOND THE WAR ON DRUGS: OVERCOMING A FAILED PUBLIC POLICY. BY STEVEN WISOTSKY. BUFFALO: PROMETHEUS BOOKS. 1990. PP. XLII, 279. $16.95 89 Michigan Law Review 1809 (May, 1991) We need, fully and completely, to marshal the nation's energy and intelligence in a true all-out war against drugs. We can and must win that war. -President-elect George Bush In Beyond the War on Drugs, Steven Wisotsky attempts to overcome the popular conception that illegal drugs represent a menace to society against which the nation must wage... 1991
Jodi Sax DRUG COURIER PROFILES, AIRPORT STOPS AND THE INHERENT UNREASONABLENESS OF THE REASONABLE SUSPICION STANDARD AFTER UNITED STATES v. SOKOLOW 25 Loyola of Los Angeles Law Review 321 (November, 1991) In United States v. Sokolow, the United States Supreme Court concluded that a drug enforcement agent may stop a suspect based on a standard of reasonable suspicion if, considering a totality of the circumstances, the agent believes the suspect to be engaged in illegal drug related activity. In so holding, the Court sanctioned the use of a drug... 1991
John A. Powell , Eileen B. Hershenov HOSTAGE TO THE DRUG WAR: THE NATIONAL PURSE, THE CONSTITUTION AND THE BLACK COMMUNITY 24 U.C. Davis Law Review 557 (Spring, 1991) In 1982, former President Ronald Reagan declared war on drugs. Six years later, in response to polls showing that Americans considered drug use the number one domestic problem, his successor, George Bush, vowed to wage the war with renewed vigor. Over the course of the past eight years and in apparent belief that where there's war there must be... 1991
Dorothy E. Roberts PUNISHING DRUG ADDICTS WHO HAVE BABIES: WOMEN OF COLOR, EQUALITY, AND THE RIGHT OF PRIVACY 104 Harvard Law Review 1419 (May, 1991) Women increasingly face criminal charges for giving birth to infants who test positive for drugs. Most of the women prosecuted are poor, Black, and addicted to crack cocaine. In this Article, Professor Roberts seeks to add the perspective of poor Black women to the current debate over protecting fetal rights at the expense of women's rights. Based... 1991
Frank J. Vandall REALLOCATING THE COSTS OF SMOKING: THE APPLICATION OF ABSOLUTE LIABILITY TO CIGARETTE MANUFACTURERS 52 Ohio State Law Journal 405 (1991) Cigarette-induced death and illness is one of the most important and costly health problems facing society. Each year smoking kills 350,000 persons. This yearly death toll exceeds the total number of Americans killed in World War I, the Korean War, and Vietnam. In comparison to other critical health problems, AIDS has killed a total of 60,000 and... 1991
Li-Hsien Rin-laures , Diane Janofsky RECENT DEVELOPMENTS CONCERNING THE ORPHAN DRUG ACT 4 Harvard Journal of Law & Technology 269 (Spring, 1991) Many citizens of the United States grapple with illness every day. Some illnesses, like asthma, have a relatively high patient population. Other illnesses, like Tourettee's Syndrome, a neurological disorder, are rare. Pharmaceutical companies invest substantial amounts into the research and development of treatments for the more prevalent diseases... 1991
Sidney J. Spaeth THE TWENTY-FIRST AMENDMENT AND STATE CONTROL OVER INTOXICATING LIQUOR: ACCOMMODATING THE FEDERAL INTEREST 79 California Law Review 161 (January, 1991) In recent years, the Supreme Court has begun diluting the twenty-first amendment. The twenty-first amendment implemented the hard-fought lesson of liquor's tumultuous past in this country: liquor control has to be local to be effective. Although the Court has been abandoning its earlier deference to state liquor statutes, it has continued to speak... 1991
Deborah A. Wainey THE USE OF JUVENILE COURT JURISDICTION AND RESTRAINING AUTHORITY TO ADDRESS THE PROBLEM OF MATERNAL DRUG ABUSE IN OHIO 17 Ohio Northern University Law Review 611 (1991) Fetal rights have increasingly been the focus of legal scrutiny in the past several years. Fetal protection policies are one example of attempts to protect unborn children. Although fetal protection policies have caused a stir in the employment arena, fetal rights may well prove to be an even bigger issue in the context of maternal drug abuse. The... 1991
Joseph L. Galiber A BILL TO REPEAL CRIMINAL DRUG LAWS: REPLACING PROHIBITION WITH REGULATION 18 Hofstra Law Review 831 (Spring, 1990) Conventional wisdom obliges elected officials to beat the narcodrums loudly and incessantly, and to demand increasingly harsh criminal penalties for the sale and use of illegal drugs. It is reasonable to wonder why I, a senator, would dare submit a bill to the New York State Legislature which would regulate all drugs currently proscribed as illegal... 1990
Mark A. Conrad BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK v. FOX -- THE DAWN OF A NEW AGE OF COMMERCIAL SPEECH REGULATION OF TOBACCO AND ALCOHOL 9 Cardozo Arts and Entertainment Law Journal 61 (1990) Four decades ago, the late Supreme Court Justice Hugo Black observed that a door-to-door seller of pots or other gadgets has no constitutional right to hawk his wares. Justice Black's dicta, reflecting a prevailing legal truism even to this first amendment absolutist, echoed a long-standing belief that commercial speech was not protected under the... 1990
Marie-Andree Bertrand CREATION OF AN INTERNATIONAL ANTI-PROHIBITIONIST LEAGUE IN THE FIELD OF DRUGS 18 Hofstra Law Review 881 (Spring, 1990) On March 31, 1989, forty-five legal experts, sociologists, psychiatrists, criminologists, magistrates and journalists, from fifteen different countries and three continents, gathered in Rome and founded the International Anti-prohibitionist League (IAL). The IAL's objective, as its name indicates, is to work toward the repeal of criminal laws... 1990
Kerrie S. Covell , Annette Gibbs DRUG TESTING AND THE COLLEGE ATHLETE 23 Creighton Law Review 1 (1989/1990) Drugs have become a destructive force in the lives of countless Americans. The 1980's was an era of intense struggle with the drug abuse issue. Instigated at least in part by the Reagan administration's campaign against drug use, the war against drugs has been fought by parents, legislators, judges, and employers. Indeed, the Bush administration... 1990
Dwight L. Greene FOREWORD 18 Hofstra Law Review 457 (Spring, 1990) Coke is just a way for me to make some money and do some of the things I would otherwise not have the chance of doing . [S]elling coke is just like any other business-you gotta work hard, stay on your toes, protect what's yours, and not f_ up with silly matters. In America you gotta have money . because that's what people respect.' Masterrap, a... 1990
Gregory A. Loken , James Kennedy, M.D. LEGAL COCAINE AND KIDS: THE VERY BITTERNESS OF SHAME 18 Hofstra Law Review 567 (Spring, 1990) I have prayed with drops of agony on my Brow, trembling not only before the Justice of my Maker, but even before the Mercy of my Redeemer. I gave thee so many Talents. What hast thou done with them? [N]ot only to friends have I stated the whole Case with tears & the very bitterness of shame; but in two instances I have warned young men, mere... 1990
Michael Z. Letwin REPORT FROM THE FRONT LINE: THE BENNETT PLAN, STREET-LEVEL DRUG ENFORCEMENT IN NEW YORK CITY AND THE LEGALIZATION DEBATE 18 Hofstra Law Review 795 (Spring, 1990) In September, 1989, the Bush administration presented its National Drug Control Strategy-popularly known as the Bennett Plan.' The Plan vociferously rejected drug legalization and, like every other federal drug war program since the Nixon administration, devoted seventy percent of the Plan's proposed resources to law enforcement, including... 1990
Martha A. Myers SYMBOLIC POLICY AND THE SENTENCING OF DRUG OFFENDERS 23 Law and Society Review 295 (1989) This paper examines the sentencing behavior of judges in a context characterized by significant legislative and social change. Data from Georgia are used to explore the ways in which judges accommodated their sentencing practices to a general crusade against drug use and to specific legislation that identified trafficking as criminal, set harsh... 1989
James Felman , Christopher J. Petrini DRUG TESTING AND PUBLIC EMPLOYMENT: TOWARD A RATIONAL APPLICATION OF THE FOURTH AMENDMENT 51-WTR Law and Contemporary Problems 253 (Winter, 1988) C1-3TABLE OF CONTENTS I. Introduction. 254 II. The Lines of Battle: Drug Use and Drug Testing in the Public Workplace. 256 A. The Nature and Scope of the American Drug Problem. 256 1. How Many Drug Users Are There?. 256 2. At What Cost?. 257 B. The Employers' Response: The Use and Variety of Drug Testing. 259 1. The Increased Implementation of Drug... 1988
Michael R. O'Donnell EMPLOYEE DRUG TESTING-BALANCING THE INTERESTS IN THE WORKPLACE: A REASONABLE SUSPICION STANDARD 74 Virginia Law Review 969 (August, 1988) In the 1980s, courts, legislatures, and scholars have struggled with the issue of employee drug testing. Although drug abuse should not be tolerated in the workplace, there must be some limit to testing and the invasion of privacy testing entails. In 1987, seven states enacted drug-testing laws. Nine federal judicial circuits have decided employee... 1988
Larry Kraft SMOKING IN PUBLIC PLACES: LIVING WITH A DYING CUSTOM 64 North Dakota Law Review 329 (1988) Smoking harms smokers. That fact is universally accepted and was established at least a century ago. Within the last two years the Surgeon General reported as fact that smoking also harms nonsmokers. That report, supported by over 300 pages of scientific evidence, is the impetus for what could be a massive wave of nonsmokers' rights cases. The... 1988
Jeannette C. James THE CONSTITUTIONALITY OF FEDERAL EMPLOYEE DRUG TESTING: NATIONAL TREASURY EMPLOYEES UNION v. VON RAAB 38 American University Law Review 109 (Fall, 1988) Increasing national concern over the abuse of drugs in the United States has prompted an onslaught of employee testing programs to detect and prevent the use of drugs in the federal workplace. Since the early 1980s, a national consensus condemning drug use has gained momentum. As a result, there is a growing trend toward judicial deference to... 1988
Sally Lynn Meloch AN ANALYSIS OF PUBLIC COLLEGE ATHLETE DRUG TESTING PROGRAMS THROUGH THE UNCONSTITUTIONAL CONDITION DOCTRINE AND THE FOURTH AMENDMENT 60 Southern California Law Review 815 (March, 1987) The collegiate sports world was shocked on June 19, 1986, when University of Maryland basketball star Len Bias, the first-round draft pick of the national champion Boston Celtics, died suddenly. The cause of death was heart failure resulting from an overdose of cocaine. Eight days later, on June 27, 1986, the sports world was shocked again by the... 1987
Michael J. Hudock, III BEHIND THE HYSTERIA OF COMPULSORY DRUG SCREENING IN EMPLOYMENT: URINALYSIS CAN BE A LEGITIMATE TOOL FOR HELPING RESOLVE THE NATION'S DRUG PROBLEM IF COMPETING INTERESTS OF EMPLOYER AND EMPLOYEE ARE EQUITABLY BALANCED 25 Duquesne Law Review 597 (Summer, 1987) The damnable character of illicit drugs should not blind our eyes to the mischief which will surely follow any attempt to destroy them by unwarranted methods. To press forward to a great principle by breaking through every other great principle that stands in the way of its establishment; . . . in short, to procure an eminent good by means that... 1987
Thomas L. McGovern III EMPLOYEE DRUG TESTING LEGISLATION: REDRAWING THE BATTLELINES IN THE WAR ON DRUGS 39 Stanford Law Review 1453 (July, 1987) American business has become an important ally of the Reagan Administration in its war on drug abuse. Some observers suggest that a request by a potential employer for a drug test will soon be as common as a request for a job reference. Drug testing may provide employers with information to make the workplace a safer and more productive place,... 1987
Charles L. Becton THE DRUG COURIER PROFILE: 'ALL SEEMS INFECTED THAT TH' INFECTED SPY, AS ALL LOOKS YELLOW TO THE JAUNDIC'D EYE' 65 North Carolina Law Review 417 (March, 1987) To combat the rising tide of illegal drugs in this country, agents of the Drug Enforcement Agency (DEA) have developed the drug courier profile. The profile consists of numerous factors or characteristics that purportedly signal the agent whether a particular airline passenger carries drugs on his or her person. Relying on the profile, agents... 1987
John M. Husband, This review is prepared by the Labor Law Section of the Colorado Bar Association to present current issues and topics of interest to members of the bar as both legal practitioners and employers. This month's column was written by Column E DRUG AND ALCOHOL ABUSE IN THE WORKPLACE 15 Colorado Lawyer 31 (January, 1986) Drug and alcohol abuse have been part of American life for a long time. However, only recently have they gained recognition as problems of such staggering proportions. In the workplace, such abuse can cause lost jobs, moral problems, illnesses, injuries and deaths. In economic terms, losses include property damage, absenteeism, lost productivity,... 1986
Robert H. Horn SHOEMAKER v. HANDEL: ALCOHOL AND DRUG TESTING AND THE PERVASIVE REGULATION EXCEPTION TO THE FOURTH AMENDMENT'S ADMINISTRATIVE SEARCH WARRANT REQUIREMENT 14 Hastings Constitutional Law Quarterly 173 (Fall, 1986) Alcohol and drug abuse is a problem of enormous proportions. Drug abuse alone costs American society nearly sixty billion dollars annually. In a rare joint address to the nation, President Reagan and his wife, Nancy Reagan, warned of a drug and alcohol abuse epidemic in this country. Drug testing has emerged as an important tool to combat drug... 1986
Michael Caudell-Feagan, Daniel Warshawsky SERVICE-CONNECTION AND DRUG-RELATED OFFENSES: THE MILITARY COURTS' EVER-EXPANDING JURISDICTION 54 George Washington Law Review 118 (November, 1985) The military community in the United States now consists of over two million volunteers. If any of these servicemembers are accused of a crime, their only judicial recourse may be to courts-martial: a system of military courts created under Congress's Article I powers, independent ofand with limited review byArticle III courts. This judicial... 1985
Pamela Reasor Hanebutt EMPLOYMENT DISCRIMINATION-AMERICAN TOBACCO CO. v. PATTERSON: SECTION 703(H) OF THE CIVIL RIGHTS ACT OF 1964 EXTENDS A "MEASURE OF IMMUNITY" TO SENIORITY SYSTEMS ADOPTED AFTER THE ENACTMENT OF TITLE VII 58 Tulane Law Review 386 (October, 1983) John Patterson, a black male, brought suit against his employer, the American Tobacco Company, and the Tobacco Workers' International Union, alleging racial discrimination in hiring and promotional practices in violation of Title VII of the Civil Rights Act of 1964. The district court found that although the petitioners' current hiring practices... 1983
Steven Wisotsky EXPOSING THE WAR ON COCAINE: THE FUTILITY AND DESTRUCTIVENESS OF PROHIBITION 1983 Wisconsin Law Review 1305 (1983) Introduction I. The Role of the Law in the Black Market in Cocaine A. The Rise and Fall and Rise of Cocaine in the United States B. Measuring the Black Market in Cocaine C. The Economics of the Black Market in Cocaine II. The Structure of the Cocaine Industry A. Production Abroad B. Importation, Distribution, Money-Laundering III. The Law... 1983
Diane M. Weidert CIVIL RIGHTS--SENIORITY SYSTEMS--BONA FIDE SENIORITY SYSTEMS ADOPTED BEFORE AND AFTER CIVIL RIGHTS ACT OF 1964 ARE IMMUNE FROM ATTACK UNLESS RESULT OF INTENTION TO DISCRIMINATE 14 Saint Mary's Law Journal 95 (1982) In 1968, American Tobacco Co. discontinued its previous racially discriminatory employment practices in its two plants, in response to the mandates of title VII of the Civil Rights Act of 1964. A new plan for employment and promotion practices was developed with the creation of nine lines of progression, each line having at least two jobs.... 1982
  RACIAL DISCRIMINATION BY PRIVATE CLUBS HOLDING STATE LIQUOR LICENSES. 86 Harvard Law Review 70 (November, 1972) In Moose Lodge No. 107 v. Irvis, the Supreme Court held that the grant of a state liquor license to a private club which refuses to serve black guests, and the regulation of the club by the state liquor control board consequent upon that grant, do not constitute sufficient state involvement to invoke the equal protection clause of the fourteenth... 1972
  "Plain Touch" & Stop-and-Frisk Policing: The Intersection of Race, Drugs, and Disorder 53 Criminal Law Bulletin 3 (Unkown) Michael S. Klein is an Assistant Professor in the Department of Criminology at Lynchburg College. He received his Ph.D. in Criminal Justice from Washington State University. His primary research interests are legal issues in criminal justice, juvenile delinquency, and school violence. Contact information: Lynchburg College, 1501 Lakeside Dr.,...  
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