Volume 20, Issue 2: Drug Laws (Policy and Reform)

Articles

Will Money Talk?: The Case for a Comprehensive Cost-Benefit Analysis of the War on Drugs?

This Article describes the need for reform and the issues that must be addressed to combat the War on Drugs. That is, while there is a vast amount of data indicating the toll that the War on Drugs has taken on society, evidence regarding the social and economic benefits remains scant. Read more about Will Money Talk?: The Case for a Comprehensive Cost-Benefit Analysis of the War on Drugs?

  • June 2009
  • 20 Stan.L.& Pol'y Rev. 229
  • Article

Race, Drugs, and Law Enforcement in the United States

This Article recaps the role of race in the concerns that prompted the war on drugs, documents the racial disparities in the arrest and incarceration of drug offenders, and argues that racial discrimination in the war on drugs violates U.S. obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. Read more about Race, Drugs, and Law Enforcement in the United States

  • June 2009
  • 20 Stan.L.& Pol'y Rev. 257
  • Article

Escalating the War On Drugs: Causes and Unintended Consequences

The involvement in markets for drugs has been illegal for over a century in the United States, and marijuana was added to the illicit drug category over seven decades ago. This Article addresses the following two questions: (1) What caused drug escalation to start in the 1980s and why has it continued? (2) What are the consequences of this escalation on the level of non-drug crime?  Read more about Escalating the War On Drugs: Causes and Unintended Consequences

  • June 2009
  • 20 Stan.L.& Pol'y Rev. 293
  • Article

The Forgotten Fifth: Rural Youth and Substance Abuse

This Article seeks to raise the visibility of the roughly twenty percent of the U.S. population who live in rural places in relation to the particular challenges presented by adolescent substance abuse. The Article also assesses the social, economic, and spatial milieu in which rural adolescent substance abuse has burgeoned. Despite popular notions that substance abuse is essentially an urban phenomenon, recent data demonstrates that it is also a significant problem in rural America. Read more about The Forgotten Fifth: Rural Youth and Substance Abuse

  • June 2009
  • 20 Stan.L.& Pol'y Rev. 359
  • Article

The Montana Meth Project: “Unselling” a Dangerous Drug

Although teen use of methamphetamine remained relatively constant in the nation from 2005 to 2007, it fell by forty-five percent in Montana. During the same period, the percentage of workers testing positive for meth in the state declined by seventy-two percent, and meth-related crime dropped by sixty-two percent. These positive developments reflect the work of the Meth Project, a large-scale marketing campaign designed to discourage meth use among teenagers. Read more about The Montana Meth Project: “Unselling” a Dangerous Drug

  • June 2009
  • 20 Stan.L.& Pol'y Rev. 405
  • Article

Drugs, Courts, and the New Penology

This Article proposes an alternative to the current structure of drug courts that is a more radical and more natural structure for court-based drug rehabilitation: a grand jury model rather than a judicial one. The Article provides a brief overview of the genesis of both drug and reentry courts to suggest that each arises from a concern that traditional courts were failing to successfully address the problem of drug use in predominantly poor, minority urban areas. Read more about Drugs, Courts, and the New Penology

  • June 2009
  • 20 Stan.L.& Pol'y Rev. 417
  • Article

Rethinking Drug Courts: Restorative Justice As a Response to Racial Injustice

This Article discusses racial disparities in the war on drugs in an attempt to move beyond the bare numbers and to identify both what drives the disparities and why they are appropriately regarded as an important policy problem. The Article also describes the drug treatment court model and explains why it is ill-suited to address the racial disparity problem. Read more about Rethinking Drug Courts: Restorative Justice As a Response to Racial Injustice

  • June 2009
  • 20 Stan.L.& Pol'y Rev. 463
  • Article

Forfeiture of Cross-Examination Rights in California

This Article takes a proposition on the wisdom of Assemblyman Calderon’s proposal and its impact on the accused’s opportunity to use cross-examination to expose the unreliability of the prosecution’s testimonial evidence as well as of an initiative that would have added a similar forfeiture hearsay exception as part of a broad anti-crime measure that was placed before the voters in the November 2008 election. Read more about Forfeiture of Cross-Examination Rights in California

  • June 2009
  • 20 Stan.L.& Pol'y Rev. 501
  • Article

Notes

The Negative Executive Privilege

Adam K. Magid

This Note offers an analytical framework for courts to employ that will provide more coherence to executive privilege decisions in light of logic, the Constitution, and established principles of law. Part I of the Note explains the lack of a constitutional foundation for an affirmative executive privilege, or a constitutionally-rooted power bestowed upon the executive to resist legal requests. Read more about The Negative Executive Privilege

  • June 2009
  • 20 Stan.L.& Pol'y Rev. 561
  • Note

Policing Parole: The Constitutional Limits of Back-End Sentencing

Elizabeth C. McBride

The goal of this Note is to explore the implications of Blakely’s animating principle for parole supervision, in the context of both parole revocation proceedings as well as back-end sentencing more generally. The Note focuses on California’s parole system because parole supervision is mandatory for nearly every released state prisoner in California and because California relies heavily on re-incarceration to sanction parole violations. Read more about Policing Parole: The Constitutional Limits of Back-End Sentencing

  • June 2009
  • 20 Stan.L.& Pol'y Rev. 597
  • Note

Comments

Introduction to Symposium on Drug Laws: Policy and Reform

The articles in this symposium address the numerous criticisms that have surfaced regarding the shortcomings and injustices of the war on drugs. The articles span all facets of misfires from United States drug laws; they include investigations of resulting racial disparities, analyses of the value of specialized drug courts, and questions of the implications from allocating exhaustive resources to the war on drugs. Read more about Introduction to Symposium on Drug Laws: Policy and Reform

  • June 2009
  • 20 Stan.L.& Pol'y Rev. 221
  • Comment