Law and Drug Policy (LAW-916-001)
Jurith
Meets: 06:00 PM - 07:50 PM (TH) - Room 500
Enrolled: 7 / Limit: 18
Notices
There are no notices at this time.
Description
This course is based on creative discussion of the legal aspects of drug policy. Course participants will use rigorous analysis to discern how legal principles have influenced efforts to control substance abuse and ways lawyers can play a positive role in policy development.
This course is a 2 credit seminar. Grading will be based on a research paper and class participation (10%). Reading assignments will be approximately 30-60 pages per week using both full and edited cases, and other primary source materials.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
There is no required textbook for this course.
First Class Readings
Week 1 - Antecedents of Current Policy. Please read:
United States v. Doremus, 249 U.S. 86 (1919). Use of Article I taxing authority for drug control; distinction for professional medical practice.
Webb v. United States, 269 U.S. 96 (1919); Linder v. United States, 268 U.S. 5 (1925); United States v. Moore, 423 U.S. 122 (1975). Federal law determines drug diversion beyond the boundaries of professional practice.
Boggs Act, P.L 82-255, 1951. Response to the rise in heroin use after WW II. The prevailing attitude by Federal drug control officials in the Federal Bureau of Narcotics was that increased penalties were needed to respond to the increase in addiction. Mandatory minimum sentences were enacted by the Congress in 1951, also known as the “Boggs Act” Five years later the Narcotics Control Act of 1956 lengthened minimum sentences and allowed the imposition of the death penalty on anyone over eighteen who provided heroin to anyone under that age. In spite of these stiff penalties, heroin use continued to rise through the 1960’s.
U.S v. Leary, 296 US 6 (1965). Invalidates “presumption” provisions of the 1956 Narcotics Control Act.
Syllabus
Use your MyAU username and password to access the syllabus in the following format(s):
Adobe Acrobat (PDF)