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State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah
State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah
Dickinson Law Review (2017-Present)
In order to prevent further overuse of prescription opioids, states have adopted a variety of strategies. This article summarizes the growing use of prescription drug monitoring programs, crackdowns on “pill mills,” prohibitions on the use of particularly hazardous opioids, limitations on the duration and dosage of prescribed opioids, excise taxes, physician education and patient disclosure requirements, public awareness campaigns, and drug take-back programs. Although occasionally challenged on constitutional grounds, including claims of federal preemption under the Supremacy Clause, discrimination against out-of-state businesses under the dormant Commerce Clause doctrine, and interference with rights of commercial free speech, this article evaluates the …
Prevention As The Primary Goal Of Sentencing: The Modern Case For Indeterminate Dispositions In Criminal Cases, Christopher Slobogin
Prevention As The Primary Goal Of Sentencing: The Modern Case For Indeterminate Dispositions In Criminal Cases, Christopher Slobogin
San Diego Law Review
This Article contends that properly constituted, indeterminate sentencing is both a morally defensible method of preventing crime and the optimal regime for doing so, at least for crimes against person and most other street crimes.
More specifically, the position defended in this Article is that, once a person is convicted of an offense, the duration and nature of sentence should be based on a back-end decision made by experts in recidivism reduction, within broad ranges set by the legislature. Compared to determinate sentencing, the sentencing regime advanced in this Article relies on wider sentence ranges and explicit assessments of risk, …
Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney
Substantive Due Process And Parental Corporal Punishment: Democracy And The Excluded Child, Mary Kate Kearney
San Diego Law Review
This Article questions whether parents have a right to corporally punish their children, and if they do, how this right should be defined. The author argues that parents should not receive the heightened constitutional protection conferred by a fundamental right. She argues that the political process already adequately protects the interests of parents in disciplining their children. To the extent that the political process chooses to permit parents to administer reasonable corporal punishment, this Article proposes a five-part test that courts can use to determine whether an act of corporal punishment fits within that reasonableness standard. This test is more …