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Lawfare Daily: David Pozen on ‘The Constitution of the War on Drugs’

The Lawfare Podcast

CHAPTER

The Legal History of Eighth Amendment Arguments in Drug-Related Cases

Exploring landmark cases like Robinson v. California, this chapter delves into the legal implications and debates surrounding the criminalization of addiction and drug-related behaviors. It examines the Equal Protection Clause's application to drug laws and highlights the challenges in proving unequal treatment, particularly focusing on the disparities between crack and powder cocaine sentencing.

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