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Drug-Testing: Some Fundamental Conceptual And Juristic Problems, Bankole Thompson

Akron Law Review

Discussions about the use or abuse of drugs or of drug-testing are usually charged with a high degree of emotiveness and subjectivity. By the same token, additionally, writings on the subject of drug testing often pose peculiar problems of analysis and objectivity.

The purpose of this article is to explore and analyze some fundamental conceptual legal problems germane to a consideration of the legality of drug-testing in a democratic society which practices the rule of law and which places a high premium, in its normative scheme, on the principle of individual or personal liberty. The justification for this exercise lies …