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December 1, 2009

"Legalizing Drug Criminal Law"

The title of this post is the title of this interesting new piece from Markus Dubber.  Here is the abstract:

This paper investigates American drug criminal law, or rather the American drug penal regime, from the perspectives of two fundamental modes of governance, police and law.  In particular, it inquires into the possibility of drug criminal law as law, rather than as a police action designed to identify and eliminate threats to public welfare.  The topic of this paper thus is not “the legalization of drugs,” whatever that might mean, but the legalization of the drug penal regime.  It is concerned with the possibility of legitimate state action that brings the law power of the state in general, and its penal law power in particular, to bear on persons on account of their interaction, relationship, or association with drugs.

December 1, 2009 at 10:38 AM | Permalink


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"Dope," an article by T.J. English in the December "Playboy" provides disturbing insights that should be addressed in any honest examination of the American drug penal regime.

I hope somehow Bill Otis finds a copy of the article to help him understand what drives my sometimes heated criticisms of the entire system, not just the DEA.

Apparently the magazine is protecting the article, but synopsises of the case are available online. Google Lee Lucas trial.

Posted by: John K | Dec 2, 2009 12:00:11 PM

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