Law Commons^™

Random Drug Testing Of Physicians: A Question Of Safety, Jeffrey Julian, Eli Y. Adashi, I. Glenn Cohen

DePaul Journal of Health Care Law

The prospect of mandatory random drug testing of physicians in the U.S. has been the subject of active discussion for well over three decades.1 To this day, however, such programs remain the exception rather than the rule.2 In this paper, we examine the state of mandatory random drug testing of physicians in the U.S. and explore the future prospects thereof. It was a 1986 Executive Order (Drug-Free Federal Workplace) of President Reagan that saw to it that physicians in the employ of the federal government were to be subjected to mandatory random drug testing.3 This development was attributable to the …

The Rise And Fall Of The Horseracing Integrity And Safety Act: How Congress Could Save The “Sport Of Kings”, Lucy Mcafee

Vanderbilt Journal of Entertainment & Technology Law

The Horseracing Integrity and Safety Act (HISA) has undergone several unsuccessful changes over the past decade in an effort to change how horseracing is regulated. After Congress successfully passed HISA in 2020, several lawsuits were filed to stop HISA from going into effect. Congress quickly passed an amendment to HISA—which the US Court of Appeals for the Sixth Circuit upheld—seemingly stopping such litigation, but it is clear from opponents’ statements that this is just the beginning. This Note will examine the constitutional arguments’ strengths and weaknesses through precedent to determine whether the long-awaited act, as amended, can stand the test …

Privacy Please — Direct Observation Drug Testing & Invasion Of Privacy, Elizabeth Black

University of Cincinnati Law Review

No abstract provided.

Blood On Their Hands: What Minnesota Authorities Can Do With Broad Warrants For Blood Draw Testing—State V. Fawcett, Matthew Porter

Mitchell Hamline Law Review

No abstract provided.

Pretextual Sanctions, Contempt, And The Practical Limits Of Bearden-Based Debtors' Prison Litigation, Colin Reingold

Michigan Journal of Race and Law

At the time of this writing, recent events in Ferguson, Baltimore, New York City, and elsewhere have triggered quite justified social outrage at debtors’ prisons. Our country’s state and city courts keep scores of indigent people in jail for the crime of being poor, despite the Supreme Court’s clear prohibition on the practice. Skilled litigators and their journalist allies have seized on the moment to win victories in court and in the public eye, which prevent unconscionable bond and probation practices and try to reduce our burgeoning jail populations. Lost in the uproar, though, are the many ways that a …

Drug Urinalysis In The Public Schools: Going Beyond T.L.O., James J. Cummings

Akron Law Review

The approach taken here will be to discuss briefly the fourth amendment, review traditional doctrines involving school searches, analyze the recent United States Supreme Court decision in New Jersey v. T.L.O., describe the relevant issues in a urinalysis search and recommend the standard by which such procedures should be judged.

Mill's Theory Of Liberty In Constitutional Interpretation, Wilson Ray Huhn

Akron Law Review

I wish to apply Justice Thompson's discussion of the nature of liberty in a more general context in addressing fundamental questions of constitutional interpretation. Justice Thompson's essential inquiry is, "Should the enforcement of morals be the concern of the law?" I take the liberty of slightly rephrasing that question: "Is the enforcement of traditional moral norms per se constitutional?" I suggest that the answer to this question is "no." Courts and scholars have often confused our moral traditions with our traditions of liberty and equality. My central premise is that it is for the legislature to enact morality into law, …

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 …

Chandler V. Miller: Redefining "Special Needs" For Suspicionless Drug Testing Under The Fourth Amendment, Joy L. Ames

Akron Law Review

This Note will discuss the three Supreme Court cases that, up to now, have defined Fourth Amendment doctrine regarding suspicionless drug testing in the public sector: National Treasury Employees Union v. Von Raab, Skinner v. Railway Labor Executives’ Association, and Vernonia School District v. Acton. Specifically, this Note will focus on the "special needs" analysis as it was articulated in these cases, as well as how that analysis was altered in Chandler. This Note will then thoroughly analyze the Chandler decision, pointing out its strengths in eliminating some of the subjectivity of Fourth Amendment doctrine. It will also explain the …

Florida's Legislation Mandating Suspicionless Drug Testing Of Tanf Beneficiaries: The Constitutionality And Efficacy Of Implementing Drug Testing Requirements On The Welfare Population, Lindsey Lyle

Tennessee Journal of Law and Policy

Luis Lebron is a thirty-five year old who balances his duties as sole caretaker of his four year-old son with pursuing a degree at the University of Central Florida.' To help support himself and his child while in school, Lebron applied to the Florida Department of Children and Families for Temporary Assistance for Needy Families (TANF) benefits in July 2011. However, Lebron refused to take the drug test" required by a recently passed Florida statute, requiring prospective TANF beneficiaries to undergo drug testing prior to receiving benefits. Lebron insists that he has never used illegal drugs, but refuses to take …

Separation Of Sport And State: The Federal Government’S Involvement In Major League Baseball’S Drug Testing Program, Anthony F. Iliakostas

Pace Intellectual Property, Sports & Entertainment Law Forum

Major League Baseball has been one of the premier major sports leagues in taking action and putting an end to the use of performance-enhancing drugs in baseball. Entering its eighth year, Major League Baseball has implemented and improved its drug-testing policy. However, with congressional hearings on the use of steroids and other drugs in baseball along with federal investigations, there is a lingering worry that the government is intervening in Major League Baseball's drug testing program. In this article, Anthony Iliakostas breaks down Major League Baseball's drug testing program and how the U.S. government has gotten involved. The article concludes …

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose

Pepperdine Law Review

No abstract provided.

The Poverty Defense, Michele Estrin Gilman

University of Richmond Law Review

No abstract provided.

Drug Testing, Welfare, And The Special Needs Doctrine: An Argument In Support Of Drug Testing Tanf Recipients, Brianna W. Mclaughlin

Cleveland State Law Review

In 1996, Congress considered situations of children like Michael Oher when they overhauled the welfare program through the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). One of the PRWORA’s goals is to protect children in homes receiving welfare benefits. A crucial step in the Congressional plan was authorizing states to drug test welfare recipients as a condition to receiving benefits. With this grant of authority, states enacted legislation to implement drug testing programs to protect children in welfare receiving homes from the dangers of drug addicted parents. In 2011, over thirty-six states proposed legislation requiring drug testing of welfare …

State Drug Testing Requirements For Welfare Recipients: Are Missouri And Florida's New Laws Constitutional, Abby E. Schaberg

Missouri Law Review

This Summary examines the framework set up by the Supreme Court for analyzing the constitutionality of drug testing on welfare recipients. It discusses the states' implementation of such programs, and specifically analyzes laws recently passed by Florida and Missouri that authorize drug-testing requirements on welfare recipients. The likely outcome of challenges to these laws appears to be dependent, at least in part, on whether the law provides for suspicionless drug testing or calls for drug testing based on some reasonable suspicion of drug use.

Collective Bargaining Agreements In Professional Sports: The Proper Forum For Establishing Performance-Enhancing Drug Testing Policies, David M. Washutka

Pepperdine Dispute Resolution Law Journal

The intrusive nature of drug testing implicates the concern over a person's right to privacy. Currently, Congress has proposed legislation which would establish minimum drug testing requirements in professional sports. This legislation is a reaction to suspicions and investigations surrounding Major League Baseball players and the use of performance enhancing drugs. Federally mandated drug testing would raise constitutional issues regarding the players' rights against mandatory drug testing. These concerns could be avoided if drug testing policies are implemented through a collective bargaining agreement, negotiated and agreed upon between the leagues and their players associations. Thus, as previously asserted, collective bargaining …

Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston

Pepperdine Dispute Resolution Law Journal

Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …

The Biological Passport: Closing The Net On Doping, Peter Charlish

Marquette Sports Law Review

None

The Constitutionality Of Mandatory, Presentence Urine Testing Of Convicted Defendants, Joshua W. Rose

Golden Gate University Law Review

In Portillo v. United States District Court for the District of Arizona, the Ninth Circuit held that mandatory presentence urine testing of a convicted defendant violates the Fourth Amendment to the United States Constitution. The court concluded that, because the particular facts of the case and the lack of information about the defendant's past drug usage did not support the district court's order, urine testing was constitutionally impermissible.

Constitutional Law - International Brotherhood Of Teamsters, V. Department Of Transportation: The Fourth Amendment, Another Victim Of The War On Drugs, Judith S. Rosen

Golden Gate University Law Review

No abstract provided.

Constitutional Law, John P. Pezone

Golden Gate University Law Review

No abstract provided.

A Call For Drug-Testing Of High School Student-Athletes, Scott A. Andresen

Marquette Sports Law Review

No abstract provided.

Which Washington: Constitutions In Conflict?, Jonathan F. Duncan, Kristina V. Giddings

Marquette Sports Law Review

No abstract provided.

The Body And The Law: How Physiological And Legal Obstacles Combine To Create Barriers To Accurate Drug Testing , Genevieve F.E. Birren, Jeremy C. Fransen

Marquette Sports Law Review

No abstract provided.

A Square Peg And A Round Hole: The Application Of Weingarten Rights To Employee Drug And Alcohol And Alcohol Testing, Daniel V. Johns

Pace Law Review

No abstract provided.

Capricious, Even Perverse Policy: Random, Suspicionless Drug Testing Policies In High Schools And The Fourth Amendment, A, Jennifer K. Turner

Missouri Law Review

Today's high school students must worry about more than simply writing their next paper or passing their next exam. They must also worry about passing another kind of test - a drug test. Students who fail this test may lose both their privilege to participate in extracurricular activities and their permit to park on campus. Teenage drug use is a national problem that many think is on the rise. A growing number of school districts across the country have responded to this apparent problem by implementing random, suspicionless drug testing (RSDT) programs. RSDT programs test particular groups of students, usually …

The Use Of Drug Testing To Police Sex And Gender In The Olympic Games, Haley K. Olsen-Acre

Michigan Journal of Gender & Law

Part I of this Article discusses the history and development of sex testing and drug testing and argues that the two are both historically and ideologically linked. Part II examines the current Code in detail and argues that the Code's focus on hormone-based controls acts to police sex and gender in Olympic athletes, thereby extending historical sex testing practices to a new era. This Article ultimately concludes that without recognizing and addressing the need for further research into the role of "sex" hormones in the body and the interplay of social context and biological circumstances, the IOC cannot maintain an …

Steroid Testing Policies In Professional Sports: Regulated By Congress Or The Responsibility Of The Leagues?, Brent D. Showalter

Marquette Sports Law Review

No abstract provided.

Wada Drug Testing Standards, Richard H. Mclaren

Marquette Sports Law Review

No abstract provided.