Constitutional Challenges To The Drug Law
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Constitutional Challenges To The Drug Law
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Author : Roar Mikalsen
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2017-03-03
Constitutional Challenges To The Drug Law written by Roar Mikalsen and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-03 with categories.
The legitimacy of the prohibition experiment rests on its compatibility with basic constitutional principles. This is uncontroversial and more than a hundred court decisions have upheld the law in these terms, finding no shelter for drug users/distributors in the U.S. Constitution. As its toll increases, however, more and more people are questioning the drug war. This, of course, is natural. But if there is a problem with prohibition, there must also be a problem with its relationship to constitutional principles, and as its constitutionality again is becoming contested, this case study presents an overview of the reasoning that has been used to uphold a criminalization of drugs. The result is quite surprising. As shown, the judiciary's treatment has not only been embarrasingly thin, but constitutional demands have been neglected every time a challenge has reached the courts. Not once have prohibitionists proven the validity of their premises. Instead, justices have drawn upon prejudice to sustain the status quo, while appellants have been denied an opportunity to meaningfully challenge the law. In sum, the study shows that drug policy has evolved unchecked by serious constitutional debate. Only a very few have contemplated its constitutional implications from an informed perspective; those who have have unanimously rejected the prohibition argument, and this book explains why. "Our great country, as well as our 'leaders, ' have been programmed simply to accept Drug Prohibition as a legal policy. What has been missing, until now, is a legal expose of how that simply is not the case. Roar Mikalsen's scholarly but readable work puts yet another nail in the coffin of the so-called War on Drugs. Read it, and you will agree." Judge James P. Gray (Ret.)
Constitutional Challenges To The Drug Law
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Author : Roar Alexander Mikalsen
language : en
Publisher: Life Liberty Productions
Release Date : 2021-05
Constitutional Challenges To The Drug Law written by Roar Alexander Mikalsen and has been published by Life Liberty Productions this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05 with categories.
This case study exposes how U.S. courts have mishandled constitutional challenges to the drug law. Drawing on principled reasoning, it details the problem of arbitrary persecution, and US authorities must deal with a crisis of law.
The Constitution Of The War On Drugs
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Author : David Pozen
language : en
Publisher: Oxford University Press
Release Date : 2024-04-23
The Constitution Of The War On Drugs written by David Pozen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-23 with Law categories.
In The Constitution of the War on Drugs, David Pozen provides an authoritative, critical constitutional history of the drug war, casting new light on both drug prohibition and U.S. constitutional development. Pozen shows the plausibility of a constitutional path not taken in the 1960s and 1970s--a path that would have led to a less punitive approach to drug control. He explains how and why constitutional resistance to drug prohibition collapsed. And he offers a roadmap to constitutional reform options available today.
Constitutional Analysis Of Suspicionless Drug Testing Sdt Requirements For The Receipt Of Governmental Benefits
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Author : David H. Carpenter
language : en
Publisher:
Release Date : 2012-02-09
Constitutional Analysis Of Suspicionless Drug Testing Sdt Requirements For The Receipt Of Governmental Benefits written by David H. Carpenter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-09 with categories.
Fed. or state laws that condition the initial or ongoing receipt of gov't. benefits on passing drug tests without regard to individualized suspicion of illicit drug use are vulnerable to constitutional challenge. The Supreme Court (SC) has not rendered an opinion on such a law. Constitutional challenges to SDT most often focus on issues of personal privacy and 4th Amend. protections against "unreasonable searches." Contents of this report: (1) 4th Amend. Overview; (2) Synthesis of SC Precedent; (3) Preliminary Lower Court Opinions on the MI and FL Laws: The Challenged MI Law -- Marchwinski v. Howard; The Challenged FL Law -- Lebron v. Wilkens; (4) Implications for Future Fed. or State Legislation. A print on demand report.
Drug Abuse And Human Rights Cases And Commentaries Um Press
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Author : Sarina Mohamed
language : en
Publisher: The University of Malaya Press
Release Date :
Drug Abuse And Human Rights Cases And Commentaries Um Press written by Sarina Mohamed and has been published by The University of Malaya Press this book supported file pdf, txt, epub, kindle and other format this book has been release on with Political Science categories.
This is a groundbreaking book that offers key stakeholders, policy makers and professionals a much needed resource to understand the need to provide effective and humane treatment of drug users with drug addiction problems (drug dependants) who fall within the criminal justice system in Malaysia. This book begins with a narrative description of the historical evolution of drug abuse in Malaysia: beginning from the opium trade in the 18th century, with the exodus of the Chinese immigrants to Southeast Asia and Malaysia as labourers in the late 19th century which brought along the problem of opium addiction to the Malay Peninsula, to the 1970s which saw a transitional change from opium addiction to heroin and the rise in amphetamine-type-stimulant (ATS) abuse in Malaysia as the 21st century drug problem. It then provides an overview of Malaysia’s prohibition approach by waging the rhetorical War on Drugs, including the development of Malaysia’s punitive drug laws and the recent paradigm shift towards a more rehabilitative approach in drug treatment. Over the years, a considerable number of High Court cases have challenged the legality of the detention of drug dependants for treatment at Puspen via a court-mandated order. This book further presents a commentary that is founded upon the legal challenges brought about by such unlawful detention, illustrated by judicial decisions of Malaysian judges regarding the constitutional rights of the drug dependants enshrined under Article 5 of the Federal Constitution.
Regulating European Drug Problems
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Author : Nicholas Dorn
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999
Regulating European Drug Problems written by Nicholas Dorn and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Throughout Europe - from town halls and regional governments, through national Parliaments and ministries, to the high institutions of the European Union - there runs a vigorous debate on organised crime, municipal safety and private conduct. Drug problems and what to do about them often occupy center-stage at these debates. Throughout the 1990s the focus of legal attention has been primarily on the criminal law. New criminal offenses have been created, partly in response to influences 'from above' (from international and European agreements) and partly in response to pressure 'from below' (concerns of citizens at national and sub-national levels). But although criminal law certainly is important as far as the development of drug controls is concerned, it is by no means the whole story. There is a parallel history, a regulatory one, consisting of the increasing use of administrative measures, some of which are directly concerned with drugs while others are more general but equally applicable. These responses, together with civil law, variously function as adjuncts to criminal law or as alternatives to it, in relation to drug trafficking at European and national levels, drug-related public nuisance as it concerns citizens at municipal level, and drug users. After charting existing measures in the legal orders of Member states and of the Community, Regulating European Drug Problems looks at prospects for administrative drug controls after Amsterdam - in the context of the development of the Single Market, cooperation against crime and insecurity, subsidiarity, and human rights. At a practical level, the study offers provocative ideas to policy-makers and administrators working at the intersection of city-level, national, and European responses to drugs. For scholars and students, the book offers comparative legal research and European synthesis, and forges new links between fields of law, suppresion of organised crime, and economic and social regulation.
Usa V Cardales Luna Maritime Drug Law Enforcement Act Is Applicable To Drug Seizures In International Waters Legal Decision
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Author :
language : en
Publisher: DIANE Publishing
Release Date :
Usa V Cardales Luna Maritime Drug Law Enforcement Act Is Applicable To Drug Seizures In International Waters Legal Decision written by and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Legal Challenges To The Marijuana Laws
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Author : National Organization for the Reform of Marijuana Laws (U.S.)
language : en
Publisher:
Release Date : 1978
Legal Challenges To The Marijuana Laws written by National Organization for the Reform of Marijuana Laws (U.S.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Marijuana categories.
Drug Abuse And Drug Related Crimes
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Author : S. K. Chatterjee
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1989
Drug Abuse And Drug Related Crimes written by S. K. Chatterjee and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.
To End A War
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Author : Roar Mikalsen
language : en
Publisher: CreateSpace
Release Date : 2015-03-27
To End A War written by Roar Mikalsen and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-27 with categories.
Half a century after world leaders signed the UN drug convention and committed themselves to the eradication of illicit drugs, it has become painfully obvious that things didn't turn out as planned. Not only have the drug laws failed to deliver us from the problems associated with drug use, but as the disastrous consequences of the drug war have become more apparent, the inherently problematic relationship to human rights law has also become more obvious. This book spells out these problems. The author takes you through the thinking behind our human rights conventions and by means of principled reasoning he details how our drug policies violate fundamental rights. The book is a must for anyone who wants to understand what the rights-oriented debate is all about, and whether you are a drug user who want to know your rights, a public official who want to know your duties, or a concerned citizen who simply want to learn more about these issues, it will tell you what you need to know. "Roar has written a kind of Thomas Paine's Common Sensepamphlet on the war on drugs for our time, which calls for peace and an end to the injustices of the drug war on the basis of principled opposition to unchecked government authority. It's a must consider for anyone interested in what The Declaration of Independence calls, 'natural justice.'" - Kenneth M. White, Assistant Professor of Criminal Justice and Political Science, Kennesaw State University. "Not only do we face a prohibition on drugs, we also face a prohibition on a discussion about it. Roar Mikalsen's book challenges both, and he makes strong points at every turn." -Judge James P. Gray (Ret.) Superior Court, Orange County, California. Author: Why Our Drug Laws Have Failed. "Roar has done a great job exposing the normative deficiencies in our drug control policies. Of course they violate human rights law, as he demonstrates so persuasively." -Douglas Husak, Professor of Law, Rutgers University. Author: Drugs and Rights."