Law Commons^™

Addiction And Responsibility: Thoughts On The Misuse And Misunderstanding Of Addiction In The Courtroom, David L. Wallace

David L Wallace

No abstract provided.

Improving The Odds: Changing The Perception Of Problem Gambling And Supporting The Growth Of Problem Gambling Courts, Amaia Guenaga

UNLV Gaming Law Journal

This Note will examine what problem gambling is and demonstrate the parallels between problem gambling and substance abuse. The Note will then explore the development and expansion of problem-solving courts for substance abuse and mental health and explore the pros and cons of problem gambling courts, in the end offering support for the further creation and development of problem gambling courts.

Law & Health Care Newsletter, V. 19, No. 1, Fall 2011

Law & Health Care Newsletter

No abstract provided.

Rethinking Addiction: Drugs, Deterrence, And The Neuroscience Revolution, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This article connects the debate about addiction with the fundamental criminal law principle of deterrence. It seeks to bridge the gap between the competing medical and criminal justice approaches by exploring addiction in light of recent research about the brain, gender differences, and what works best from both a treatment and justice perspective. To sharpen the issues, the article deliberately focuses on the emotionally freighted subject of pregnant drug users. This approach will illuminate prevailing assumptions about how biological, genetic, cultural, and other environmental factors shape human behavior and challenge conventional understandings of deterrence in light of new research on …

Judicial Dilemmas In Enforcement Of Drug Abuse Laws, Alvin H. Goldstein Jr.

Cal Law Trends and Developments

No abstract provided.

Introduction: Obstacles To The Development And Use Of Pharmacotherapies For Addiction, Richard C. Boldt

Journal of Health Care Law and Policy

No abstract provided.

Failure Of Physicians To Prescribe Pharmacotherapies For Addiction: Regulatory Restrictions And Physician Resistance, Ellen M. Weber

Journal of Health Care Law and Policy

No abstract provided.

Will Full Benefits Parity Create Real Parity? – Congress’S Second Attempt At Ending Discrimination Against Mental Illness: The Paul Wellstone And Pete Domenici Mental Health And Addiction Equity Act Of 2008, Justin C. Wilson

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Punishing Pregnant Drug-Using Women: Defying Law, Medicine, And Common Sense, Jeanne M. Flavin Phd, Lynn M. Paltrow Jd

Jeanne M Flavin

The arrests, detentions, prosecutions, and other legal actions taken against drug-dependent pregnant women distract attention from significant social problems, such as our lack of universal health care, the dearth of policies to support pregnant and parenting women, the absence of social supports for children, and the overall failure of the drug war. The attempts to “protect the fetus” undertaken through the criminal justice system (as well as in family and drug courts) actually undermine maternal and fetal health and discourage efforts to identify and implement effective strategies for addressing the needs of pregnant drug users and their families. In this …

Guest Editors’ Introduction To Special Issue On Substance Abuse And Addiction In Family Courts, Barbara A. Babb, Gloria Danziger, Judith D. Moran

All Faculty Scholarship

No abstract provided.

Re Farmers Co-Operative Dairy Ltd And Unifor, Local 40n (Giles), Innis Christie

Innis Christie Collection

The Grievor was discharged due to theft, fraud and breach of trust. The Union believes the discharge was unjust since an addiction to gambling suggests accommodation would be appropriate. The Grievor seeks reinstatement with full compensation for lost wages and benefits.

The grievance fails. The theft was premeditated and repeated. There is no evidence that the behaviour would not be repeated.

Immunizing Against Addiction: The Argument For Incorporating Emerging Anti-Addiction Vaccines Into Existing Compulsory Immunization Statutes, Alexis Osburn

Cleveland State Law Review

This paper discusses the legal ramifications of incorporating anti-addiction vaccines into a state's existing compulsory immunization scheme. Part II explains the neurobiological and physiological factors that make addiction a medical disease and discusses the mental and physical damage caused by illicit drug use. It also introduces the reader to anti-addiction research and explains how anti-addiction vaccines work. Part III provides the reader with a brief history of state-mandated vaccination requirements, including a discussion of the leading cases that govern compulsory vaccination requirements. Part IV advocates for the amendment of state-mandated immunization statutes to include anti-addiction vaccines. It analyzes two tests …

"Drug Treatment Courts In The 21st Century: Improving The Criminal Justice System's Response To Drug Offenses", Peggy Fulton Hora, Theodore Stalcup

Peggy Hora

The article demonstrates that the traditional criminal justice system’s response to drug offenses – arrest, trial and incarceration and re-arrest, re-trial and re-incarceration of 70% of offenders within three years – wastes vast economic and human resources. Drug treatment courts, on the other hand, have proven to be strong alternatives to incarceration as well as effective mechanisms for dealing with America’s drug problem. The article addresses criticism of drug treatment courts, including resistance to the disease model of addiction, disputes over efficacy of treatment, legal issues related to purported coercion of treatment, concern over unbridled judicial discretion and ethical issues …

"Merchants Of Discontent:" An Exploration Of The Psychology Of Advertising, Addiction And Its Implications For Commercial Speech, Tamara R. Piety

Tamara R. Piety

This article compares the psychology of addition and the psychology of advertising and argues that the parallels suggest that some regulation of advertising is in the public interest.

Addiction And Causation, Michael Corrado

San Diego Law Review

Is it possible for a compatibilist to capture the notion of a choice that is resistible but very, very hard to resist? And, along the same lines, is it possible for the compatibilist to capture the notion of degrees of responsibility, of greater or lesser moral responsibility? Of course, duress may lessen responsibility, and in general the aversiveness of the alternatives facing an agent may lessen her responsibility for an action: The more aversive the alternatives, the less responsible the agent-or at least the less inclined we are to punish the agent. That way of ranking responsibility is clearly intelligible …

Substance Abuse, Families, And Unified Family Courts: The Creation Of A Caring Justice System, Barbara A. Babb, Judith D. Moran

All Faculty Scholarship

This article proposes an approach to family law decision-making tailored to assist families plagued by substance abuse. Substance abuse is linked to social, health, and economic problems facing Americans today and is a factor for a substantial number of family law litigants. By failing to address substance abuse issues, the family repeatedly may need to seek court intervention. The unified family court model is the concept of a single court that coordinates the work of independent agencies and tribunals, each with some limited role in resolving the problems incident to a family's legal matters. Professor Babb has created an interdisciplinary …

Providing Safe Haven: The Challenge To Family Courts In Cases Of Child Abuse And Neglect By Substance-Abusing Parents, Susan E. Foster, Margaret Long Macchetto

Journal of Health Care Law and Policy

No abstract provided.

Evaluating Histories Of Substance Abuse In Cases Involving The Termination Of Parental Rights, Richard C. Boldt

Journal of Health Care Law and Policy

No abstract provided.

The Science Of Addiction: Research And Public Health Perspectives, Richard A. Millstein, Alan I. Leshner

Journal of Health Care Law and Policy

No abstract provided.

A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt

Michigan Law Review

This article focuses on one particular set of issues raised by the effort to coordinate the activities of Head Start centers with those of substance abuse treatment programs and the introduction of treatment and prevention functions into the daily interactions of Head Start staff and parents. These issues involve the disclosure of potentially damaging information about a Head Start parent's drug or alcohol abuse and the confidentiality considerations that arise when she or he has sought or received treatment for that abuse. Although it is possible to characterize these issues as technical, doctrinal questions of statutory and regulatory interpretation, it …

A Study In Regulatory Method, Local Political Cultures, And Jurisprudential Voice: The Application Of Federal Confidentiality Law To Project Head Start, Richard C. Boldt

Michigan Law Review

This article focuses on one particular set of issues raised by the effort to coordinate the activities of Head Start centers with those of substance abuse treatment programs and the introduction of treatment and prevention functions into the daily interactions of Head Start staff and parents. These issues involve the disclosure of potentially damaging information about a Head Start parent's drug or alcohol abuse and the confidentiality considerations that arise when she or he has sought or received treatment for that abuse. Although it is possible to characterize these issues as technical, doctrinal questions of statutory and regulatory interpretation, it …

Addicted Pregnancy As A Sex Crime, Lorraine Schmall

Northern Illinois University Law Review

This article examines how controls on addictive pregnancy present a new and dangerous threat to the treatment of women under the law. The author first examines the relationship between the mother and the fetus, concluding that no coherent status attaches to the unborn vis-a-vis its own mother which could justify depriving her of her privacy, autonomy, and the right to make personal family decisions. The article continues with a historical discussion of disparate legal treatment of women throughout history, and the discriminatory effect of state intervention into cases of addicted pregnancy on poor people and people of color. This article …

Addiction As Disability: The Protection Of Alcoholics And Drug Addicts Under The Americans With Disabilities Act Of 1990, Reese J.J. Henderson

Vanderbilt Law Review

With the passage of the Americans with Disabilities Act of 1990 (ADA), Congress finally acknowledged that employment discrimination against the disabled continues to be a serious problem in the United States. Approximately forty-three million Americans are disabled. As many as two-thirds of disabled individuals of working age are unemployed, and half of all adults with disabilities have household incomes of fifteen thousand dollars or less. Although most unemployed disabled individuals depend on insurance payments or government benefits for support, polls reveal that a majority would rather work than depend on such assistance. The ADA provides a comprehensive plan for main-streaming …

Age Variations In Risk Perceptions And Smoking Decisions, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The results of a national survey of smoking risks and smoking behavior are analyzed. Smoking risk perceptions follow the expected patterns given age differences in risk information acquired and differences in information associated with smoking status. Risk perceptions are greater as one moves to younger age cohorts, where overall lung cancer risks are substantially overestimated. These risk perceptions in turn have a negative effect on smoking decisions, where younger individuals behave no differently in terms of the manner in which they incorporate risk perceptions into their smoking decisions.

Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity, George P. Smith Ii

Journal of Law and Health

The purpose of this essay is to demonstrate the pressing need of the law to take decisive action in imposing tort liability for willful and malicious conduct by drug addicted women during their pregnancy. Liability should be imposed notwithstanding the warnings from civil libertarians that the enforcement of such a policy would most assuredly give rise to "prenatal police patrols".

The Heroin Solution, Michigan Law Review

Michigan Law Review

A Review of The Heroin Solution by Arnold S. Trebach

The Hardest Drug: Heroin And Public Policy, Michigan Law Review

Michigan Law Review

A Review of The Hardest Drug: Heroin and Public Policy by John Kaplan

Criminal Responsibility And The Drug Dependence Defense--A Need For Judicial Clarification, Irene A. Sullivan

Fordham Law Review

No abstract provided.

Case Notes

Fordham Law Review

No abstract provided.

California Narcotic Rehabilitation: De Facto Prison For Addicts, John L. Roche, James C. Rothwell

San Diego Law Review

This note discusses the history and status of California's statutory plans for coping with the narcotic addiction problem.