AuthorTitleCitationSummaryYear
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
  2. 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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