Current Lewis & Clark Law Review Focuses on Medical Marijuana Use

December 05, 2005

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Comments and reactions continue to swirl in the aftermath of last summer's U.S. Supreme Court decision on medical marijuana use. Lewis & Clark Law School's forthcoming law review focuses scholarly attention on the doctrinal and policy implications of the case, Gonzales v. Raich.

       "These are among the very first postdecision papers published about Raich following the Supreme Court's decision last June," said Amanda J. Austin, editor of the Lewis & Clark Law Review.

"This issue is essentially a symposium in print that offers scholarly insight into the case, with accessible and engaging articles."

       Randy Barnett, Austin B. Fletcher Professor at Boston University School of Law and currently a visiting professor at Georgetown Law School, argued before the Supreme Court on behalf of the plaintiffs in Raich. In the foreword to the Lewis & Clark Law Review, he writes: "I am saddened for my clients, and the thousands like them, whose suffering is alleviated by the use of cannabis for medical purposes, as recommended by their physicians and permitted by the laws of their states, but who are nevertheless considered criminals by the federal government."

       Austin added that Oregon has a compassionate use statute similar to the California statute that was at issue in Raich. "So this case, like Oregon's assisted-suicide case currently before the Supreme Court, deals with the critical issue of federalism," she said. Included in the forthcoming law review (Volume 9, Issue 4, Winter 2005):

       "Is Morrison Dead? Assessing a Supreme Drug (Law) Overdose" Jonathan H. Adler, visiting associate professor of law, George Mason University School of Law; associate professor and associate director, Center for Business Law and Regulation, Case Western Reserve University School of Law.

       "Why Not Heighten the Scrutiny of Congressional Power when the States Undertake Policy Experiments?" Ann Althouse, Robert W. & Irma M. Arthur-Bascom Professor of Law, University of Wisconsin at Madison.

       "Raich and Judicial Conservatism at the Close of the Rehnquist Court" Eric R. Claeys, assistant professor of law, Saint Louis University School of Law.

       "Rescuing Federalism After Raich: The Case for Clear Statement Rules" Thomas W. Merrill, Charles Keller Beekman Professor of Law, Columbia University School of Law.

       "Society Must Be [Regulated]: Biopolitics and the Commerce Clause in Gonzales v. Raich" John T. Parry, visiting professor of law, Lewis & Clark Law School; associate professor of law, University of Pittsburgh School of Law.

       "The Medical Marijuana Case: A Commerce Clause Counter-Revolution?" Robert J. Pushaw Jr., James Wilson Endowed Professor, Pepperdine University School of Law.

       "What Hath Raich Wrought? Five Takes" Glenn H. Reynolds, Beauchamp Brogan Distinguished Professor of Law, University of Tennessee College of Law; and Brannon P. Denning, associate professor of law and director of faculty development, Cumberland School of Law, Samford University.

       Students at Lewis & Clark Law School publish Lewis & Clark Law Review, a general-purpose law review, four times a year. The review focuses on original scholarship and is among the top 50 general law journals in the nation, according to the annual citation study conducted by Washington & Lee University Law School. The study tracks the number of articles from the preceding eight years in the Westlaw Law Review database that contain at least one citation to a piece from a given journal. This year, the study ranks Lewis & Clark Law Review number 45 out of more than 200 general law reviews.

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