The Constitution of the War on Drugs: Inalienable Rights
Autor David Pozenen Limba Engleză Hardback – 19 noi 2024
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Specificații
ISBN-13: 9780197685457
ISBN-10: 0197685455
Pagini: 304
Dimensiuni: 149 x 212 x 26 mm
Greutate: 0.48 kg
Editura: Oxford University Press
Colecția OUP USA
Seria Inalienable Rights
Locul publicării:New York, United States
ISBN-10: 0197685455
Pagini: 304
Dimensiuni: 149 x 212 x 26 mm
Greutate: 0.48 kg
Editura: Oxford University Press
Colecția OUP USA
Seria Inalienable Rights
Locul publicării:New York, United States
Recenzii
The war on drugs has been a moral, political, and policy catastrophe. This stunningly original, powerful book shows that it has been a constitutional catastrophe as well. Fundamental guarantees of liberty, privacy, free expression, fair punishment, and racial equality—all have been sacrificed by the Supreme Court in service of the war effort. Mapping an alternative constitutional path toward sane drug policy and social justice, Pozen masterfully teaches a painful lesson about the failures, if not limits, of constitutional law.
The Constitution of the War on Drugs is a profound achievement. Pozen uncovers a lost and expansive history of legal challenges to draconian drug policies. The result is a bracing and truly innovative work of legal reconstruction and moral argument, one that compels lawyers and scholars to fundamentally rethink the role of constitutional law in fortifying a failed carceral state. It is essential reading for anyone, academic or activist, committed to understanding how we got here and how to imagine a different horizon.
Constitutional litigation and drug liberalization have often gone hand in hand around the world. But not in the United States. Why not? What happened to the U.S. drug reform movement? And what does this tell us about modern American constitutional jurisprudence and social movement advocacy? In this brilliant and original new book, David Pozen answers these questions and more—leaving us with a profound sense of the limits of American constitutionalism as an answer to the challenges of our time.
David Pozen's The Constitution of the War on Drugs offers a masterful assessment of the clash between repressive drug policies and the values embedded in American constitutionalism. One inescapable lesson of the past half century is that criminalization of drug use and addiction have been costly (indeed deadly) and counterproductive. Pozen's detailed review sets the stage for long-overdue policy experiments relying less on criminalization while coming to terms with unavoidable tradeoffs between individual liberty and public health.
Pozen has produced a surprising, eye-opening account of how constitutional law might have been a bulwark against the worst excesses of the war on drugs if not for the highly contingent choices of lawyers and judges during the late twentieth century. Chock full of strategic insights and fascinating stories, The Constitution of the War on Drugs is essential reading for anyone who wants to understand how the drug war was created and sustained, as well as how it fits within the shifting landscape of American constitutional practice.
It can't have been easy to write a book whose central motif is that legal efforts to constitutionalize and decriminalize various drugs have usually led down 'paths to nowhere.' And yet the result is a triumph of the legal imagination. David Pozen's The Constitution of the War on Drugs offers a transcendent constitutional history of the last half-century of criminal drug bans. Brilliantly conceptualized and realized, filled with imaginatively researched stories, The Constitution of the War on Drugs is much more than a history of a particular arena of continuing constitutional failure, although the book is certainly that.
David Pozen's carefully researched and brilliantly argued book on the Constitution and the war on drugs is both illuminating and disturbing. No surprise there. Pozen is our country's most inventive and interesting young constitutional scholar.
I admit that I was surprised when I learned that David Pozen was hard at work on a book project about the war on drugs. Why, I wondered, would one of the leading constitutional scholars of his generation devote this much time and work to a topic that, while clearly enormously important, sounds more in policy than constitutional law? My reaction, of course, perfectly reproduced the failures of constitutional imagination that Pozen's extraordinary The Constitution of the War on Drugs reveals. The story of the drug war's policy failures is well known. What hasn't been previously understood, and what Pozen's book powerfully shows, is how implicated constitutional law is in all of this.
Much has been written about U.S drug prohibition over the years, so it is surprising that no one until now has used the constitution as a lens for examining it. In his excellent new book, The Constitution of the War on Drugs, David Pozen exhumes the long-buried history of constitutional challenges to punitive drug laws and masterfully chronicles how the judiciary was used by reformers and the state to dispute, rationalize, and ultimately enable the widely maligned war on drugs.
The Constitution of the War on Drugs is a major achievement in legal scholarship.
The Constitution of the War on Drugs is a must read. An important and necessary addition to the drug policy canon.
Pozen's book provides a wonderfully rich and astute perspective on a wide array of dynamic legal, political, and social stories at the intersection of constitutional jurisprudence and drug policy. Invaluable.
David Pozen has produced the best existing critical examination of how and why nearly all U.S. courts ultimately upheld the constitutionality of drug prohibitions, even as the problems with these laws became increasingly visible. His argument is eminently readable while conforming to the highest standards of scholarship. Comprehensive, sophisticated, and original, The Constitution of the War on Drugs illuminates the tortured reasoning courts often use to allow so much of our failed drug policies to survive. Many persuasive critiques of the U.S. approach to drugs can be found, but none has been written by a scholar with such expertise in constitutional law.
Pozen offers a highly engaging, though still tragic, narrative.
The War on Drugs is one of the greatest injustices in American public policy, and also one of the biggest constitutional issues in modern time. Pozen's book is a major contribution to our understanding of the relevant history and legal doctrine.
The Constitution of the War on Drugs is a profound achievement. Pozen uncovers a lost and expansive history of legal challenges to draconian drug policies. The result is a bracing and truly innovative work of legal reconstruction and moral argument, one that compels lawyers and scholars to fundamentally rethink the role of constitutional law in fortifying a failed carceral state. It is essential reading for anyone, academic or activist, committed to understanding how we got here and how to imagine a different horizon.
Constitutional litigation and drug liberalization have often gone hand in hand around the world. But not in the United States. Why not? What happened to the U.S. drug reform movement? And what does this tell us about modern American constitutional jurisprudence and social movement advocacy? In this brilliant and original new book, David Pozen answers these questions and more—leaving us with a profound sense of the limits of American constitutionalism as an answer to the challenges of our time.
David Pozen's The Constitution of the War on Drugs offers a masterful assessment of the clash between repressive drug policies and the values embedded in American constitutionalism. One inescapable lesson of the past half century is that criminalization of drug use and addiction have been costly (indeed deadly) and counterproductive. Pozen's detailed review sets the stage for long-overdue policy experiments relying less on criminalization while coming to terms with unavoidable tradeoffs between individual liberty and public health.
Pozen has produced a surprising, eye-opening account of how constitutional law might have been a bulwark against the worst excesses of the war on drugs if not for the highly contingent choices of lawyers and judges during the late twentieth century. Chock full of strategic insights and fascinating stories, The Constitution of the War on Drugs is essential reading for anyone who wants to understand how the drug war was created and sustained, as well as how it fits within the shifting landscape of American constitutional practice.
It can't have been easy to write a book whose central motif is that legal efforts to constitutionalize and decriminalize various drugs have usually led down 'paths to nowhere.' And yet the result is a triumph of the legal imagination. David Pozen's The Constitution of the War on Drugs offers a transcendent constitutional history of the last half-century of criminal drug bans. Brilliantly conceptualized and realized, filled with imaginatively researched stories, The Constitution of the War on Drugs is much more than a history of a particular arena of continuing constitutional failure, although the book is certainly that.
David Pozen's carefully researched and brilliantly argued book on the Constitution and the war on drugs is both illuminating and disturbing. No surprise there. Pozen is our country's most inventive and interesting young constitutional scholar.
I admit that I was surprised when I learned that David Pozen was hard at work on a book project about the war on drugs. Why, I wondered, would one of the leading constitutional scholars of his generation devote this much time and work to a topic that, while clearly enormously important, sounds more in policy than constitutional law? My reaction, of course, perfectly reproduced the failures of constitutional imagination that Pozen's extraordinary The Constitution of the War on Drugs reveals. The story of the drug war's policy failures is well known. What hasn't been previously understood, and what Pozen's book powerfully shows, is how implicated constitutional law is in all of this.
Much has been written about U.S drug prohibition over the years, so it is surprising that no one until now has used the constitution as a lens for examining it. In his excellent new book, The Constitution of the War on Drugs, David Pozen exhumes the long-buried history of constitutional challenges to punitive drug laws and masterfully chronicles how the judiciary was used by reformers and the state to dispute, rationalize, and ultimately enable the widely maligned war on drugs.
The Constitution of the War on Drugs is a major achievement in legal scholarship.
The Constitution of the War on Drugs is a must read. An important and necessary addition to the drug policy canon.
Pozen's book provides a wonderfully rich and astute perspective on a wide array of dynamic legal, political, and social stories at the intersection of constitutional jurisprudence and drug policy. Invaluable.
David Pozen has produced the best existing critical examination of how and why nearly all U.S. courts ultimately upheld the constitutionality of drug prohibitions, even as the problems with these laws became increasingly visible. His argument is eminently readable while conforming to the highest standards of scholarship. Comprehensive, sophisticated, and original, The Constitution of the War on Drugs illuminates the tortured reasoning courts often use to allow so much of our failed drug policies to survive. Many persuasive critiques of the U.S. approach to drugs can be found, but none has been written by a scholar with such expertise in constitutional law.
Pozen offers a highly engaging, though still tragic, narrative.
The War on Drugs is one of the greatest injustices in American public policy, and also one of the biggest constitutional issues in modern time. Pozen's book is a major contribution to our understanding of the relevant history and legal doctrine.
Notă biografică
David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School. He teaches and writes about constitutional law, information law, and nonprofit law, among other topics. Pozen previously served as special assistant to Senator Ted Kennedy on the U.S. Senate Judiciary Committee, special advisor to Legal Adviser Harold Hongju Koh at the U.S. Department of State, and law clerk to Justice John Paul Stevens on the U.S. Supreme Court and Judge Merrick Garland on the U.S. Court of Appeals for the D.C. Circuit. In 2019, the American Law Institute named Pozen the recipient of its Early Career Scholars Medal.