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From Mountains To Molehills: A Comparative Analysis Of Drug Policy, Brian A. Ford
From Mountains To Molehills: A Comparative Analysis Of Drug Policy, Brian A. Ford
Annual Survey of International & Comparative Law
This paper examines the debate surrounding the trend of global movements away from prohibition and towards a harms reduction approach to drug policy. This paper reviews the prohibitionist model that is, by and large, the global status quo of how countries deal with drugs. Under the prohibitionist approach, governments criminally ban the production, trafficking, sale, possession, and use of drugs in an effort to directly combat the harms associated with drugs. Section I of this paper presents the prohibitionist approach as the international status quo and examines the effects and failures of that approach. Section II examines a variety of …
Putting Teeth Into A.B. 109: Why California’S Historic Public Safety Realignment Act Should Require Reentry Programming, Kathleen Nye Flynn
Putting Teeth Into A.B. 109: Why California’S Historic Public Safety Realignment Act Should Require Reentry Programming, Kathleen Nye Flynn
Golden Gate University Law Review
Part I of this Comment provides a history of probation reform policies in California and an overview of realignment and its preceding litigation, with a focus on components that relate to rehabilitation in post-release. Part II explores how Plata laid the groundwork for California’s current focus on reform and demonstrates how realignment hinges on changing the role of probation, slowing recidivism, and improving rehabilitation opportunities. Part III argues that the State should provide mandatory guidelines for county rehabilitation efforts as part of realignment. Finally, Part IV recommends statutory language that would make rehabilitative programming for probationers a mandatory component of …
An Argument For Child Pornography Victim Restitution In The Ninth Circuit: United States V. Kennedy, Amber Pruitt
An Argument For Child Pornography Victim Restitution In The Ninth Circuit: United States V. Kennedy, Amber Pruitt
Golden Gate University Law Review
This Note argues that the Ninth Circuit erred in United States v. Kennedy by vacating restitution damages for the victims to be paid by the possessor of their images, because denying victims such restitution offends traditional understandings of the limits of proximate cause and the legislative intent behind § 2259.44 There are alternative legal tests currently used by other circuits that establish proximate cause in child-pornography-possessor cases that the Ninth Circuit should have applied in Kennedy to ensure that those responsible for harming children would not escape due liability.
Part I of this Note explains why the possession of child …