Food and Drug Law Commons^™

Fighting The War On Drugs In The "New World Order": The Ker-Frisbie Doctrine As A Product Of Its Time, Kirk J. Henderson

Vanderbilt Journal of Transnational Law

This Note analyzes the United States policy of abducting fugitives from abroad to stand trial when an asylum nation refuses an extradition request. The United States has justified this so-called "snatch" authority under the century-old Ker-Frisbie Doctrine. Pursuant to this doctrine, the Supreme Court has refused to examine the means by which a person has been brought before a court. In 1974, however, the United States Court of Appeals for the Second Circuit created a narrow exception that would bar jurisdiction if an accused proved acts of torture, but no defendant has ever met this standard.

Since Ker and Frisbie …

Protecting Plant-Derived Drugs: Patents And Beyond, Liz Hanellin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Getting New Drugs To People With Aids: A Public Policy Response To Lansdale, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

Department Of Food And Agriculture, S. Gerry, L. Rainey, D. Rupard

California Regulatory Law Reporter

No abstract provided.

Reforming The Ncaa Drug-Testing Program To Withstand State Constitutional Scrutiny: An Analysis And Proposal, Thomas P. Simon

University of Michigan Journal of Law Reform

Shortly after year-round testing went into effect, the California Court of Appeal held that the NCAA's original drug testing program violated a student-athlete's right of privacy as protected by the California Constitution. This Note examines the impact of that decision and attempts to design a program that will withstand state constitutional scrutiny. Part I describes the current NCAA drug-testing program. Part II looks at the fourth amendment argument against drug testing of student-athletes. Part III assesses the viability of a federal constitutional attack on NCAA testing, while Part IV discusses a state constitutional challenge. Finally, Part V proposes reform of …

Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta

Michigan Law Review

This Note offers two justifications for narrowing the scope of section 881 forfeiture. Part I argues that courts should apply the substantial connection test to section 881 forfeitures. This Part analyzes the statute using the traditional tools of statutory interpretation. While the text of the statute seems to support the broadest possible interpretation, the legislative history and context of adoption suggest that the substantial connection test is consistent with Congressional intent. In amending section 881, subsequent Congresses have favored application of the substantial connection test. Consistent with this narrower reading, present strategy in the "war on drugs" focuses stiff penalties …

The War On Drugs And Denominational Preferences: Farewell To Strict Scrutiny Analysis, Jeffrey T. Lawrence

BYU Law Review

No abstract provided.

Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Government Drug Testing: A Question Of Reasonableness, James M. Sokolowski

Vanderbilt Law Review

The 1980s were noted for the escalation of the war on drugs. The dominant public perception was that drug use is a hideous evil that must be stopped, even at a great cost of public resources and personal liberties. Parents, politicians, and law enforcement officials rallied to battle drug use.2 Tremendous expenses and limited victories did not slow the war on drugs.'It cannot be disputed that drug abuse is widespread. More than seventy million Americans have experimented with illegal drugs, and twenty-three million currently use an illegal drug.4 The costs to society include drug-related crimes, accidents, lost productivity, increased health …

Drug Proceeds Forfeiture And The Right To Counsel Of Choice, Danton A. Berube

Vanderbilt Law Review

As part of the current war on drugs, Congress enacted 21 U.S.C.section 853, the drug proceeds forfeiture statute. The statute authorizes criminal forfeiture of assets that are used in the commission of, or constitute the proceeds from, a federal drug felony. When prosecutors began to use the statute to seek forfeiture of defense counsel's attorney's fees, defendants and the law firms that represented them argued that the provision violated the sixth amendment right to counsel.

The courts of appeals were divided on the question of whether the sixth amendment prohibits forfeiture of assets intended to be used to hire an …

Drug Diplomacy And The Supply-Side Strategy: A Survey Of United States Practice, Sandi R. Murphy

Vanderbilt Law Review

The illicit drug trade is gigantic. The United Nations reports that the annual value of the illegal drug trade worldwide is 250 to 300 billion dollars.' The United States leads the world in illicit drug consumption and suffers a myriad of drug-related problems. The majority of marijuana, cocaine, and heroin consumed in the United States through out the 1980s was supplied by six Latin American and Caribbean countries. These countries, like the United States, are plagued by drug-related problems. The governments and citizens of both drug producing and drug transit countries are increasingly victims of crime, violence,and corruption.

Attendant to …

Special Project: Current Issues In Drug Enforcement Law, S. Douglas Williams, Jr.

Vanderbilt Law Review

The illegal drug trade and its costs to society have grown exponentially in the past several years. Drug traffickers, both within the United States and abroad, have amassed incredible wealth trafficking illicit drugs while the United States, the world's leading consumer of those drugs,' has suffered drug related increases in lost productivity, insurance costs, and health care expenditures. As the impact of these problems has reached more Americans, popular support for increased enforcement efforts has grown. Politicians have successfully used the drug war as a get-tough-on-crime campaign message. Local communities have organized themselves to confront drug dealers and to attempt …

A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds

Michigan Journal of International Law

On December 31, 1985, the European Community ["EC"] adopted the "Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action" ("the Directive"). The directive, originally scheduled to take effect on January 1, 1988, prohibits the use of hormones, natural and synthetic, in livestock production and the sale of meat treated with hormones in the EC market. The United States believes that the directive violates the requirements of the Agreement on Technical Barriers to Trade ("Standards Code" or "Code").

Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia

California Regulatory Law Reporter

No abstract provided.

Elimination Of Process: Will The Biotechnology Patent Protection Act Revive Process Patents, 24 J. Marshall L. Rev. 263 (1990), Kerin Kelly

UIC Law Review

No abstract provided.

The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng

Michigan Journal of International Law

For many years, consumer organizations within the European Community have demanded the prohibition of natural and synthetic hormones from use in animal fodder. Since the level of hormone use by breeders varies among Member States, demands for a hormone prohibition have also differed in intensity from State to State. After lengthy negotiations beset with legal difficulties, a general, community-wide prohibition became reality at the beginning of 1989. The price of this policy has been trade difficulties with the United States which, up to the present time,' have resulted in trade sanctions and economic losses on both sides. Since both parties …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Maritime Drug Law Enforcement Act is Applicable to Aliens on Foreign Vessels Outside the Territory of the United States--Fourth Amendment Held Inapplicable to Searches and Seizures on the High Seas, United States v. Davis, 905 F.2d 245 (9th Cir. 1990)

Executive Order Authorizing Naturalization for Aliens Serving in Designated Geographical Areas During Grenada Campaign Struck Down--President Reagan Held to Have Exceeded His Authority--Severability of Order Impossible as President Did Not Intend that All Aliens Serving in United States Forces at Time of Campaign Become Citizens--Reyes v. United States Dep't. of Immigration & Naturalization, No. 89-55403 (9th Cir. 1990).

Provision of …

Improving Substance Abuse Treatment For Women, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

Alcohol and other drug use among women of child-bearing age has increased dramatically, and, as a result, more pregnant women are faced with alcohol and other drug problems. The only known national estimate suggests that 11 percent of pregnant women used illegal drugs during their pregnancy. Although pregnant crack-addicted women have received the most media attention, the problem is no less serious for alcohol and other drugs.

Alcohol and other drug use during pregnancy has negative physical and psychological consequences for both the mother and the child. Alcoholic mothers are at risk of having infants with fetal alcohol syndrome, which …

Unavoidably Unsafe Products And Strict Products Liability: What Liability Rule Should Be Applied To The Sellers Of Pharmaceutical Products?, Richard C. Ausness

Kentucky Law Journal

No abstract provided.

Department Of Food And Agriculture, S. Hillard, C. Merrill, A. Urrutia

California Regulatory Law Reporter

No abstract provided.

Department Of Food And Agriculture, K. Rager, D. Rankin, M. Staples

California Regulatory Law Reporter

No abstract provided.

Strict Products Liability: The Original Intent, George L. Priest

Cardozo Law Review

No abstract provided.

Department Of Food And Agriculture, K. Rager, D. Rankin, M. Staples

California Regulatory Law Reporter

No abstract provided.

Cocaine, Demand, And Addiction: A Study Of The Possible Convergence Of Rational Theory And National Policy, A. Morgan Cloud, Iii

Vanderbilt Law Review

As the "war against drugs" meanders through the century,' policy-makers continue to search for effective strategies for combating the illegal drug industry. For seventy-five years the dominant federal strategy has been to curtail supplies of prohibited substances.' In its many permutations, this supply-side approach has included attempts to eradicate crops, to intercept drugs at the Nation's borders, and to arrest, prosecute, and punish commercial participants at every level of the production and distribution system.

By any rational measure, the supply-side "war against drugs" has failed. Only ten to fifteen percent of the illicit drugs entering the country are intercepted and …

Department Of Food And Agriculture, K. Rager, D. Rankin, M. Staples

California Regulatory Law Reporter

No abstract provided.

Federal Preemption Of Prescrption Drug Labeling: Antidote For Pharmaceutical Industry Overdosing On State Court Jury Decisions In Products Liability Cases, 22 J. Marshall L. Rev. 629 (1989), John F. Del Giorno

UIC Law Review

No abstract provided.

Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers

UIC Law Review

No abstract provided.

National Treasury Employees Union V. Von Raab: A Broader Special Needs Warrant Exception Dilutes Fourth Amendment Protection, 22 J. Marshall L. Rev. 903 (1989), Kathryn Schierl

UIC Law Review

No abstract provided.

The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick

Michigan Journal of International Law

As the concept of a unified European market becomes more of a reality as we approach 1992, talk of a "Fortress Europe" has heightened sensitivity on trade issues among officials of the United States and the European Community ("EC"). The EC's plan to ban the sale of meat treated with growth hormones within the Member-States has presented a trade issue disconcerting to both sides. This brewing tempest has raised many interesting legal issues involving the dispute settlement provisions set out in the Agreement on Technical Barriers to Trade ("Standards Code"). This note examines why the process failed to resolve, and …

Some Doubts Concerning The Selection Hypothesis Of George Priest, Douglas O. Linder

Faculty Works

No abstract provided.