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CORK Bibliography: Beverage Alcohol Laws

96 citations. January 2009 to present

Prepared: December 2012

Barringer FE. Hall v. Torero's II, Inc.: Drunken driving, bar liability, and the quest for safer roadways. North Carolina Law Review Addendum 88: 22-36, 2012. (86 legal refs.)

Summary: ... In recognition of the harm that drunken driving can cause, tort law has expanded beyond its common law limitations and now allows victims of drunken drivers to pursue claims against commercial hosts who serve alcohol to minor and obviously intoxicated patrons. ... Second, North Carolina allows victims of a drunken driver to sue commercial vendors of alcohol if they can show that the commercial vendors sold alcohol to a person that they knew or reasonably should have known was intoxicated. ... In Hall , for example, William Terry was not underage and evidence admitted at trial raised questions about whether Torero's actually served him alcohol when he was intoxicated. ... And since North Carolina already taxes alcohol sales, creating incentives for bars to engage in socially responsible behavior would simply be a question of adjusting tax rates--or creating deductions--for bars that conform to certain expectations. ... Rather than imposing tort liability on bar owners, the state should use its alcohol tax and licensing system to create incentives for bars to engage in more responsible practices when serving alcohol to patrons that may drive.

Copyright 2012, North Carolina Law Review Association

Beckingham D. Gender, space, and drunkenness: Liverpool's licensed premises, 1860-1914. Annals of the Association of American Geographers 102(3): 647-666, 2012. (121 refs.)

The British licensing system regulated public houses both as social centers and as providers of alcohol. In the northern port city of Liverpool-which police statistics consistently showed to be one of the most drunken cities in Britain-the spatial technology of licensing worked to shape drinking and drunkenness with a particular emphasis on the regulation of female drinking. Between 1850 and 1915 women accounted for 40 percent of all apprehensions for drunkenness in the city. Women who entered public houses were subjected to greater public scrutiny than men, and the law also helped construct the pub as a masculine space. Social reformers also played a crucial role in shaping public debates about licensing and licensed premises. Allied to concerns about prostitution, subsequent attempts to prevent women from using pubs risked encouraging private drinking. In this way, changes to licensed space influenced behavior even in unlicensed and thus formally unregulated spaces such as the home, where the consumption of alcohol could not be controlled in the same way as in the public house. Although its decisions and policies seemed only to apply to public houses, the licensing system played a much broader role in the gendered construction and consumption of urban space.

Copyright 2012, Taylor & Francis Ltd

Cavazos-Rehg PA; Krauss MJ; Spitznagel EL; Chaloupka FJ; Schootman M; Grucza RA et al. Associations between selected state laws and teenagers' drinking and driving behaviors. Alcoholism: Clinical and Experimental Research 36(9): 1647-1652, 2012. (31 refs.)

Background: We examined the associations between selected state-level graduated driving licensing (GDL) laws and use-and-lose laws (laws that allow for the suspension of a driver's license for underage alcohol violations including purchase, possession, or consumption) with individual-level alcohol-related traffic risk behaviors among high school youth. Methods: Logistic regression models with fixed effects for state were used to examine the associations between the selected state-level laws and drinking and driving behaviors youth aged 16 to 17years (obtained from the Youth Risk Behavior Surveillance System (YRBSS); responses dichotomized as 0 times or 1 or more times) over an extended period of time (1999 to 2009). Results: A total of 11.7% of students reported having driven after drinking any alcohol and 28.2% reported riding in a car with a driver who had been drinking on 1 or more occasions in the past 30 days. Restrictive GDL laws and use-and-lose laws were associated with decreased driving after drinking any alcohol and riding in a car with a driver who had been drinking alcohol. Conclusions: Restrictive GDL and use-and-lose laws may help to bolster societal expectations and values about the hazards of drinking and driving behaviors and are therefore partly responsible for the decline in these alcohol-related traffic risk behaviors.

Copyright 2012, Research Society on Alcoholism

Crost B; Guerrero S. The effect of alcohol availability on marijuana use: Evidence from the minimum legal drinking age. Journal of Health Economics 31(1): 112-121, 2012. (14 refs.)

This paper exploits the discontinuity created by the minimum legal drinking age of 21 years to estimate the causal effect of increased alcohol availability on marijuana use. We find that consumption of marijuana decreases sharply at age 21, while consumption of alcohol increases, suggesting that marijuana and alcohol are substitutes. We further find that the substitution effect between alcohol and marijuana is stronger for women than for men. Our results suggest that policies designed to limit alcohol use have the unintended consequence of increasing marijuana use.

Copyright 2012, Elsevier Science

Dodemaide A. No entiendo: State v. Marquez, language barriers and drunk driving. Rutgers Journal of Law & Public Policy 9(Spring): 624-664, 2012. (209 legal refs.)

Summary: ... Because Officer Lugo felt that the response was ambiguous, he read an additional statement to Marquez: I have previously informed you that the warnings given to you concerning your right to remain silent and your right to consult with an attorney do not apply to the taking of breath samples and do not give you a right to refuse to give, or to delay giving, samples of your breath for the purpose of making chemical tests to determine the content of alcohol in your blood." ... The purpose of New Jersey's implied consent law and refusal law is to help police officers acquire evidence for convictions of Driving Under the Influence (DUI) offenses; before those laws were enacted, enforcement of drunk driving laws was being undermined by a high rate of refusals. ... If a state's goal when enacting its implied consent and refusal laws was to ensure that drivers submit to breath tests, the state does not further its policy goals if it does not try to ensure that drivers understand the consequences of refusal. ... Finally, by increasing the penalty of refusal and by requiring blood tests when a breath test is refused, states can expect to see a decline in refusal rates.

Copyright 2012, Rutgers University

Flacks S. Deviant disabilities: The exclusion of drug and alcohol addiction from the Equality Act 2010. Social and Legal Studies 21(3): 395-412, 2012. (68 refs.)

The Equality Act 2010, in keeping with the Disability Discrimination Act 1995, excludes those identified as drug and alcohol 'addicted' from the scope of provisions prohibiting discrimination against disabled people. This article addresses the significance of, and justification for, this exclusion. It begins with a legislative background to the relevant limitation and subsequently examines its rationale according to prevailing legal, medical and sociological discourses. The article then considers the relevance of the discussion for disability rights. Although 'addiction', or the preferred term, 'substance dependence', is classified as a disability for international systems of disease classification, the relevance of substance dependence for discussion on disability rights, and of disability for discussion on substance dependence, has largely escaped critical comment.

Copyright 2012, Sage Publications

Li Y; Xie DH; Nie GM; Zhang JH. The drink driving situation in China. Traffic Injury Prevention 13(2): 101-108, 2012. (30 refs.)

Objective: China has been concerned about the serious problem of drinking and driving road crashes, and it has made good progress by establishing strict laws, imposing serious penalties, and initiating a rigorous enforcement program since 2008. This study has assessed the magnitude and nature of the problem and reviewed the legislation, current practices, and institutional capacities for preventing drinking and driving. Methods: Data and information were collected using existing reports and by consulting officials and experts from a number of agencies. Results: Although there were no national statistics on levels of drinking and driving, random breath test surveys in 2 southern cities showed that between 4.5 and 4.6 percent of drivers were driving over the minimum legal blood alcohol concentration (BAC) limit of 20 mg/100 mL. Preliminary results from crash data also showed that at least 20 percent of serious road crashes were alcohol related in these cities. The national published figure for fatal crashes caused by drinking and driving was much lower, only 4 percent, but alcohol was not often identified as the main cause because of measurement difficulties. China's legislation sets 2 BAC limits that are comparable with international norms. It has recently increased the penalties for drunk driving, the more serious of the 2 offenses, with a minimum driving ban of 5 years. The police are actively enforcing the laws through frequent roadside checking but they need more resources. Alcohol breath tests before and after a combined publicity and enforcement campaign indicated reductions of 87 and 68 percent of drivers over the legal limit in 2 southern cities. Conclusions: China has made progress in strengthening its approach to preventing drinking and driving, particularly in the area of law enforcement. However, it is not possible to evaluate the potential benefits because of data issues. Recommendations for the future include the need to improve the national road crash and injury database, strengthen the coordination of key agencies, and provide more effective and sustained public information campaigns that target vulnerable drivers and are integrated with enforcement strategies. Evaluation and research are important to improve future prevention programs.

Copyright 2012, Taylor & Francis

Murphy A. Discarding the North Dakota dictum: An argument for strict scrutiny of the three-tier distribution system. Michigan Law Review 110(5): 819-846, 2012. (25 refs.)

In Granholm v. Heald, the Supreme Court held that states must treat in-state and out-of-state alcoholic beverages equally under the dormant Commerce Clause and established a heightened standard of review for state alcohol laws. Yet in dictum the Court acknowledged that the three-tier distribution system-a regime that imposes a physical presence requirement on alcoholic beverage wholesalers and retailers-was "unquestionably legitimate." Though the system's physical presence requirement should trigger strict scrutiny, lower courts have placed special emphasis on Granholm's dictum, refusing to subject the three-tier distribution system to Granholm's heightened standard of review This Note argues that the dictum should be discarded and that courts should carefully, scrutinize the three-tier distribution system. Under Granholm's heightened standard of review, the three-tier distribution system would be found unconstitutional.

Copyright 2012, Michigan Law Review Association

Paschall MJ; Grube JW; Thomas S; Cannon C; Treffers R. Relationships between local enforcement, alcohol availability, drinking norms, and adolescent alcohol use in 50 California cities. Journal of Studies on Alcohol and Drugs 73(4): 657-665, 2012. (29 refs.)

Objective: This study investigated relationships between local alcohol policies, enforcement, alcohol outlet density, adult alcohol use, and underage drinking in 50 California cities. Method: Eight local alcohol policies (e.g., conditional use permit, social host ordinance, window/billboard advertising) were rated for each city based on their comprehensiveness. Local alcohol enforcement was based on grants received from the California Alcoholic Beverage Control agency for enforcement of underage drinking laws. Outlet density was based on the number of on- and off-premise outlets per roadway mile. Level of adult alcohol use was ascertained from a survey of 8,553 adults and underage drinking (frequency of past-year alcohol use and heavy drinking) from surveys of 1,312 adolescents in 2009 and 2010. Multilevel regression analyses were conducted to examine the effects of policies, enforcement, and other community-level variables on adolescent drinking, controlling for youth demographic characteristics. Mediating effects of adolescents' perceived ease of obtaining alcohol, perceived enforcement, and perceived acceptability of alcohol use also were examined. Results: None of the eight local alcohol-policy ratings were associated with adolescent drinking. Funding for underage drinking enforcement activities was inversely related to frequency of past-year alcohol use, whereas outlet density and adult drinking were positively related to both past-year alcohol use and heavy drinking. These relationships were attenuated when controlling for perceived ease of obtaining alcohol, enforcement, and acceptability of alcohol use, providing evidence for mediation. Conclusions: Adolescent alcohol use and heavy drinking appear to be influenced by enforcement of underage drinking laws, alcohol outlet density, and adult alcohol use. These community-level influences may be at least partially mediated through adolescents' perceptions of alcohol availability, acceptability of alcohol use, and perceived likelihood of getting in trouble with local police.

Copyright 2012, Alcohol Research Documentation

Pennay AE. 'Wicked problems': The social conundrum presented by public drinking laws. Drugs: Education, Prevention and Policy 19(3): 185-191, 2012. (21 refs.)

Aims: Drawing on Lipsky's analysis of the dilemmas faced by street-level bureaucrats, this article explores the views of local council officers and police in Melbourne, Australia, in relation to the development and enforcement of public drinking laws [Lipsky, M. (1980). Street level bureaucracy: Dilemmas of the individual in public spaces. New York: Russell Sage Foundation]. Methods: Qualitative interviews were conducted with 18 local council officers and 6 police officers. Narratives were analysed thematically. Findings: Two divergent narratives underpinned the construction of public drinking laws. First, public drinking laws were supported by some council and police officers because they enabled the maintenance of public order and maximized perceptions of safety among residents. Second, public drinking laws were contested by some council and police officers due to concerns about discrimination of socioeconomically disadvantaged populations and confliction with personal ideologies of social equality. Conclusions: In social policy, there are often competing interests and ideologies and very often no 'right' or 'wrong' solutions. Council officers and police attempt to negotiate the expectations of their professional role, their personal ideologies, and various impacts to the community, while also attempting to maintain the status quo, minimize social exclusion and maximize public order. In this respect, public drinking laws present a complex social conundrum for council officers and police.

Copyright 2012, Informa HealthCare

Pennay A; Room R. Prohibiting public drinking in urban public spaces: A review of the evidence. (review). Drugs: Education, Prevention and Policy 19(2): 91-101, 2012. (42 refs.)

Aims: The purpose of this article is to review community-based evaluations of street drinking bans, with a view to understanding the effectiveness of these laws in reducing alcohol-related harm and benefiting the community. Methods: Sixteen evaluations across 13 locations (in the UK, New Zealand and Australia) were identified. Nine themes were drawn out of the content and thematic analysis. Findings: Street drinking bans often: (1) negatively impact marginalized groups; (2) result in displacement; (3) improve perceptions of safety; (4) are enforced inconsistently; (5) improve perceptions of environment/amenity; and (6) are supported by police, traders and older people. It is unclear whether street drinking bans: (7) reduce public drinking; (8) reduce alcohol-related crime or harm; and (9) are understood and adhered to. Conclusions: There is no evidence that street drinking bans reduce alcohol-related harm or benefit the community in the other ways (aside from perceptions of safety and improvement to amenity). However, the methodological limitations of the evaluations reviewed make it difficult to draw conclusions about the effectiveness or otherwise of street drinking bans. More rigorous evaluations of the effectiveness and impacts of street drinking laws need to be undertaken given their continued proliferation across Australia and other Western countries.

Copyright 2012, Informa Healthcare

Ridgely MS; Pacula RL; Burnam MA. Short-Term Analysis to Support Mental Health and Substance Use Disorder Parity Implementation. Washington DC: Department of Health & Human Services, 2012. (12 refs.)

The Interim Final Rules (IFR) implementing the Mental Health Parity and Addiction Equity Act (MHPAEA) of 2008 went into effect on July 1, 2010. This report describes the findings from short-term studies commissioned by the Office of the Assistant Secretary for Planning and Evaluation (ASPE) of the U.S. Department of Health and Human Services (HHS) and undertaken by the RAND Corporation. These studies were focused on two issues in the IFR, where HHS felt that further research would be useful in informing the implementation of the MHPAEA. The two issues are the use of "non-quantitative treatment limitations" (NQTLs) by self-insured employers, insurers, health plans and managed behavioral health organizations and the identification of a "scope of services" in behavioral health to which parity applies. This paper summarizes interviews with managed behavioral health industry experts and the discussion by a panel comprised of well-known researchers and practitioners with clinical expertise in MH/SUD treatment as well as general medical treatment, experience in developing evidence-based practice guidelines, and knowledge of how plans use NQTLs. The information provided by managed behavioral health industry experts and the deliberations of the Technical Expert Panel were focused on how NQTLs are used by plans and insurers to manage MH/SUD benefits and any clinical justifications for variations in how NQTLs apply to MH/SUD benefits compared to medical benefits. justifiable considerations identified by the panel included evidence of clinical efficacy, diagnostic uncertainties, unexplained rising costs, availability of alternative treatments with different costs, variation in provider qualifications and credentialing standards, high utilization relative to benchmarks, high practice variation, inconsistent adherence to practice guidelines, whether care is experimental or investigational, and geographic variation in availability of providers. The panel also discussed how the standard in the IFR requires that these considerations be applied in a comparable way to MH/SUD benefits and medical-surgical benefits. This paper includes an analysis of the Thomson Reuters MarketScan data that offers several insights into the extent to which employer plans included coverage for these services prior to the implementation of the MHPAEA and at what cost. Descriptive analyses showed that the average cost per member per month (PMPM) for all plan-provided health care was found to be $268. Almost all of these costs are for medical-surgical services and related prescription drugs. Behavioral health services accounted for $12, or 4.6% of total PMPM costs. Furthermore, the vast majority of the cost for behavioral health was for behavioral health prescriptions ($7.46). Intermediate behavioral health services -- those that lie between inpatient and outpatient care -- were provided by employer plans in 2008, although the results differed greatly for each service. Examples of such intermediate services are non-hospital residential treatment, partial hospitalization, and intensive outpatient treatment. Almost all of the employer-based plans had claims for intensive outpatient treatment (98%), most had claims for partial hospitalization (59%), but few had claims for non-hospital residential treatment (18%). Together the additional cost of providing these three services represented a very small fraction of the average total plan cost in 2008 ($2.40 PMPM or 0.9%). Data is summarized in 7 tables and 1 figure.

Public Domain

Van Hoof JJ; Gosselt JF; Baas N; De Jong MDT. Improving shop floor compliance with age restrictions for alcohol sales: Effectiveness of a feedback letter intervention. European Journal of Public Health 22(5): 737-742, 2012. (33 refs.)

Purpose: In this study, we investigated the effects and handling of an intervention to increase compliance with age limits regarding alcohol sales. The intervention tested in this field experiment was a feedback letter sent to alcohol outlets about their individual compliance results based on a mystery shopping study. Method: We measured compliance in 146 alcohol outlets (cafeterias, supermarkets, bars, liquor stores and youth centres) in one region in the Netherlands with 15-year-old mystery shoppers. About half (n = 72) of the outlets received the intervention letter (the experimental group). After this intervention, we measured compliance again (n = 138). Then we sent the same letter to the control group and interviewed all the outlets regarding their handling of the intervention (n = 106). Results: After the experimental group received the letter, compliance increased significantly (from 18.1% to 32.4%). In the control group, compliance did not change. Of the outlets interviewed, 81% stated that they had received the letter, and the action most commonly taken was to bring the letter to the attention of their staff. Conclusions: Positive feedback letters are more often copied and shared integrally with personnel, compared with negative letters. Compliance with respect to underage alcohol sales can be improved, although compliance levels remain low in the Netherlands.

Copyright 2012, Oxford University Press

Van Hoof JJ; Reijlink LMJ; Van Dalen WE. Compliance with age limits for the sales of alcoholic beverages in Romania. Designing and evaluating a three year campaign. Revista de Cercetare si Interventie Sociala 36: 44-53, 2012. (21 refs.)

The availability of alcohol in general is the-most important predictor of alcohol consumption and alcohol abuse in adolescents. Alcohol availability can divided into economic (alcohol prices and discounts), physical (number of alcohol outlets, opening hours), legal (age limits on drinking and purchasing alcohol) and social availability (at home availability, parental behavior and parenting style). When protecting youth from alcohol use, the legal availability is the strongest instrument. Of course, when legislation states that alcohol is not allowed to be sold to people under a certain age, both on-premise (e.g., bars) and off-premise (e.g., supermarkets) alcohol outlet personnel should be trained and enforced in complying with legal age limits. In order to explore baseline compliance to this legislation a mystery shopping study was conducted in a Romanian city. Under ages and trained students tried to buy alcohol in to explore to what extent alcohol sellers comply with this legal age limits. This compliance level turned out to be 0%. Within the alcohol project, therefore, it was decided to develop a campaign in which the importance of this age limit was communicated. After this campaign, again compliance was measured. Compliance was improved in the on-premise (bars) outlets only. Despite that the results on compliance with the age limit in practice were not strong directly after the campaign, both elements from that intervention and the research method can be used in other Romanian cities to improve and measure compliance with age limits on the sales of alcohol.

Copyright 2012, Editura Lumen, IASI

Vinsel N. Drinking and driving school buses: Zero alcohol tolerance for public school bus drivers. Journal of Law & Education 41(January): 271-279, 2012. (54 legal refs.)

Summary. ... These regulations include workplace anti-drug and alcohol policies, which protect public safety by deterring alcohol misuse and illegal drug use. ... In order to understand why zero tolerance policies for alcohol are not a radical departure from federal regulations, one must understand how the blood alcohol standards were developed for commercial drivers. ... The majority of states established a 0.10% blood alcohol content for all drivers, but under the terms of the Act, states would lose federal highway funds if they did not comply with the Act, including blood alcohol content standards. ... Refusing to submit to testing leads to the same sanctions as a positive blood alcohol content. ...Employers must rely on breath tests, rather than behavior, to detect low levels of alcohol content.

Copyright 2012, Jefferson Law Book Company

Wagoner KG; Francisco VT; Sparks M; Wyrick D; Nichols T; Wolfson M. A review of social host policies focused on underage drinking parties: Suggestions for future research. Journal of Drug Education 42(1): 99-117, 2012. (65 refs.)

Underage drinking continues to be a public health concern, partially due to the ease in which adolescents obtain alcohol and consume it in private locations. States and municipalities have implemented strategies to counteract this, including adopting public policies called social host policies, despite limited evidence of effectiveness. Traditionally, these laws have held adults accountable for furnishing alcohol to underage drinkers. However, states and communities are using another policy, also called social host, to deter underage drinking parties where easy access to alcohol and high-risk use occurs. These innovative laws hold individuals who control the property accountable for underage drinking that occurs there, regardless of alcohol source. We conducted a critical analysis of social host policies focused on hosting underage drinking parties and constructed a conceptual model to understand their targeted factors. Future research recommendations are discussed.

Copyright 2012, Baywood Publishing

Williams RS; Ribisl KM. Internet alcohol sales to minors. Archives of Pediatrics & Adolescent Medicine 166(9): 808-813, 2012. (26 refs.)

Objectives: To determine whether minors can successfully purchase alcohol online and to examine age verification procedures at the points of order and delivery. Design: A cross-sectional study evaluated underage alcohol purchase attempts from 100 popular Internet vendors. Setting: The study was conducted at the University of North Carolina at Chapel Hill, July 14-27, 2011. Participants: Eight 18- to 20-year-old individuals participated. Outcome Measures: Rates of successful sales to minors and use of age verification procedures at order and delivery were determined. Results: Of the 100 orders placed by the underage buyers, 45% were successfully received; 28% were rejected as the result of age verification. Most vendors (59%) used weak, if any, age verification at the point of order, and, of 45 successful orders, 23 (51%) used none. Age verification at delivery was inconsistently conducted and, when attempted, failed about half of the time. Conclusions: Age verification procedures used by Internet alcohol vendors do not adequately prevent online sales to minors. Shipping companies should work with their staff to improve administration of age verification at delivery, and vendors should use rigorous age verification at order and delivery. Further research should determine the proportion of minors who buy alcohol online and test purchases from more vendors to inform enforcement of existing policies and creation of new policies to reduce youth access to alcohol online.

Copyright 2012, American Medical Association

Anderson P. Is it time to ban alcohol advertising? Clinical Medicine 9(2): 121-124, 2009. (20 refs.)

Children and adolescents are particularly vulnerable to the harmful effects of alcohol, with heavy drinking risking impaired brain development and future alcohol dependence. Advertisements increase expectancies about alcohol, leading to a greater likelihood of drinking. A systematic review of 13 longitudinal studies of over 38,000 young people found convincing evidence of an impact of media exposure and alcohol advertising on subsequent alcohol use; including initiation of drinking and heavier drinking among existing drinkers. All European countries, with the exception of the UK, have a ban on one or more types of advertising. Since self-regulation is reported as failing to prevent marketing which has an impact on younger people, and since advertising commonly crosses country borders, there is an argument to approximate advertising rules across Europe banning alcohol advertising targeted at young people, a highly cost-effective measure to reduce harmful alcohol use, and one supported by European citizens and case law.

Copyright 2009, Royal College of Physicians

Asbridge M; Mann RE; Smart RG; Stoduto G; Beirness D; Lamble R et al. The effects of Ontario's administrative driver's licence suspension law on total driver fatalities: A multiple time series analysis. Drugs: Education, Prevention and Policy 16(2): 140-151, 2009. (33 refs.)

Aims: On 29 November 1996, Ontario introduced an Administrative Driver's Licence Suspension (ADLS) law, which required that anyone charged with driving with a Blood Alcohol Concentration (BAC) over the legal limit of 80 mg% or failing to provide a breath sample would have their licence suspended for a period of 90 days at the time the charge was laid. This study evaluates the effects of Ontario's ADLS law on total driver fatalities over a 25-month period after the law was introduced, and compares Ontario's experience with that of two comparison provinces (Manitoba and New Brunswick) that did not introduce ADLS at that time. Methods: Interrupted time series analysis with ARIMA modeling was applied to the monthly number of drivers killed in Ontario and the control provinces for the period 1 January 1988 to 31 December 1998. Findings: A significant intervention effect was found in Ontario, with ADLS being associated with an estimated reduction of 14.5% in the numbers of fatally injured drivers. No corresponding effect was observed in the control provinces. Conclusions: These data provide evidence that the law produced a general deterrent effect resulting in a reduction in total driver fatalities.

Copyright 2009, Taylor & Francis

Assum T. Reduction of the blood alcohol concentration limit in Norway: Effects on knowledge, behavior and accidents. Accident Analysis and Prevention 42(6): 1523-1530, 2010. (21 refs.)

From January 1, 2001, the legal blood alcohol concentration (BAC) limit in Norway was reduced from 0.5 to 0.2 g/l. A before-and-after telephone survey concerning the effects of the reduced BAC limit was carried out. 3001 driver's license holders were interviewed before and after the amendment. The percentage of drivers claiming that they will drink no alcohol before driving has increased from 82 to 91 percent, thus the distinction between driving a motor vehicle and drinking alcohol has become clearer. Drivers influenced by alcohol and involved in accidents have on the average much higher BACs than 0.5 g/l. Statistics on alcohol-related accidents are not available for the years before and after the legal amendment, but single-vehicle night-time and weekend personal-injury and fatal crashes are used as surrogate measures. There are no significant decreases in these proxies from the six years before to the six years after the reductions of the legal limit.

Copyright 2010, Elsevier Science

Babb B; Danziger G; Moran J. Substance abuse and addiction in Family Courts: Special guest editors' introduction to special issue. Family Court Review 47(April): 204-208, 2009. (4 refs.)

Summary: ... In 2005, the Center for Families, Children and the Courts, in partnership with the Maryland Administrative Office of the Courts and the Open Society Institute-Baltimore, held a conference on addiction and substance abuse devoted to topics such as recent developments in addiction research, the effects of addiction and substance abuse on families, and updates on drug courts and family treatment courts, among others. ... Given the inextricable connection between substance abuse and issues such as child abuse and neglect, family court judges and court staff believe it is their responsibility to address the problems of substance abuse and addiction among litigants. ... With these assessments as a base, the family dependency treatment court team constructs workable case plans that give parents a viable chance to achieve sobriety, provide a safe nurturing home, assume responsibility for themselves and their children, and sustain their families. ... As the family dependency treatment court model has gained popularity, family court judges, attorneys, and staff have realized that the family justice system in general can contribute significantly to improve the lives of families struggling with prob-lems of addiction. ... The authors note the relationship between job satisfaction and efficacy, which is exemplified by the documented accomplishments of drug courts in achieving their goals. ... In her article, Caroline Cooper examines the court's response to adolescent substance abuse, focusing on the significant number of youth and young adults who use drugs, but whose drug and/or alcohol abuse is virtually ignored by the courts until it has become a criminal matter. ... Individuals with drug convictions but no current drug use should not be prevented, based on their past drug use, from obtaining student loans, grants, scholarships, or access to government training programs.

Copyright 2009, Association of Family and Conciliation Courts

Baldwin ML; Marcus SC; De Simone J. Job loss discrimination and former substance use disorders. Drug and Alcohol Dependence 110(1-2): 1-7, 2010. (26 refs.)

Persons with former alcohol or drug use disorders are protected from labor market discrimination by the Americans with Disabilities Act of 1990. They have been neglected, however, in empirical studies of labor market discrimination following implementation of the Act. We apply econometric techniques used to study other disabled groups to determine if there are significant differences in employment outcomes for persons with and without former substance use disorders and, if so, what part of these differences potentially can be attributed to employer discrimination. There are no significant differences in employment rates between persons with and without former substance use disorders, and among those who are employed no significant differences in rates of full-time employment. But persons with former substance use disorders report significantly higher rates of involuntary job loss within the previous year. Part of the differential remains unexplained after controlling for other factors that affect employment outcomes, suggesting employer discrimination may be one cause of poor job stability among this group. Certain identifiable subgroups with low levels of human capital are particularly susceptible to substance-related discrimination.

Copyright 2010, Elsevier Science

Barry CL; Huskamp HA. Moving beyond parity - Mental health and addiction care under the ACA. (editorial). New England Journal of Medicine 365(11): 973-975, 2011. (5 refs.)

Brown RL; Matousek TA; Radue MB. Legal-age students' provision of alcohol to underage college students: An exploratory study. Journal of American College Health 57(6): 611-618, 2009

Objective: The authors investigated the magnitude and cultural context of legal-age university students' provision of alcohol to underage students and how such alcohol provision might be deterred. Participants: 130 legal-age students at a midwestern university in the United States were randomly selected. Methods: The authors assessed 16 focus groups and a thematic analysis. Results: Most participants reported frequent alcohol provision. Most denied moral responsibility for any negative consequences that recipients might suffer. Small numbers of participants, chiefly women, would decrease alcohol provision after education on the sexual risks to underage females. Larger numbers would decrease provision in response to consistent law enforcement, severe legal and disciplinary penalties, and education on severe penalties. Conclusions: Legal-age students' provision of alcohol to underage students is an integral part of college Students' drinking culture. As a deterrent, an enforcement-based campaign may be more effective than an educational campaign on the possible negative consequences of alcohol for underage students.

Copyright 2009, Heldref Publications

Brucker DL. Social construction of disability and substance abuse within public disability benefit systems. (review). International Journal of Drug Policy 20(5): 418-423, 2009. (49 refs.)

Federal legislation passed in 1996 in the United States changed the eligibility criteria for public disability benefit programmes. After 1996, persons with a primary diagnosis of substance abuse no longer qualified to receive disability benefits. Using a framework of social construction, a qualitative comparative analysis examines how the national disability systems of eight countries - Australia, Canada, Germany, Japan, the Netherlands, South Africa, Sweden, the United Kingdom, and the US - address issues of substance abuse. The US is the only country among the focal countries that does not currently allow disability benefits to be awarded to those with primary conditions of substance use disorders. International experience in providing disability benefits to persons with substance use disorders can inform US policy makers as to how the current US federal disability benefit system might be expanded to be more inclusive of persons with substance abuse disorders.

Copyright 2009, Elsevier Science

Butler S. Addiction counsellors in the Republic of Ireland: Exploring the emergence of a new profession. Drugs: Education, Prevention and Policy 18(4): 295-302, 2011. (31 refs.)

This article reviews the emergence and expansion of addiction counselling as a specialist form of professional practice with problem drinkers and drug users in Ireland, over the past 30 years. It sees addiction counselling as having its roots in a widely shared disenchantment with the ''medical model'' of addiction treatment, and identifies the main factors which have shaped the growth of this new profession over this period. It is argued that statutory health authorities have largely allowed addiction counselling to evolve in an ad hoc style: ceding maximum discretion to individual counsellors and teams of counsellors, while making minimal efforts to standardize counsellor training or to integrate the counsellors'' work into a broader, coherent health service response. Reference is made to attempts currently under way to establish statutory registration systems for addiction counsellors in this country, which, if successful, should raise standards of practice and provide greater protection for members of the public availing themselves of such services. It is also argued, however, that both statutory registration and implementation of Tiered Care models of service delivery are likely to reduce the level of autonomy which addiction counsellors have traditionally enjoyed vis-a-vis service managers.

Copyright 2011, Taylor & Francis

Capps B. Libertarianism, legitimation, and the problems of regulating cognition-enhancing drugs. Neuroethics 4(2, special issue): 119-128, 2011. (47 refs.)

Some libertarians tend to advocate the wide availability of cognition-enhancing drugs beyond their current prescription-only status. They suggest that certain kinds of drugs can be a component of a prudential conception of the "good life" they enhance our opportunities and preferences; and therefore, if a person freely chooses to use them, then there is no justification for the kind of prejudicial, authoritative restrictions that are currently deployed in public policy. In particular, this libertarian idea signifies that if enhancements are a prudential 'good' for the user, then this can also be construed as a moral good for all rational agents. If this argument is successful, there can be no substantial distinction between the categorical benefits of enhancement, and what is labeled as an enhancement technology. In this paper, I argue that the exclusivity of egotistical choice, and an uncritical deployment of enhancement as a prudential good, underplays the role of a social and political community when creating a procedurally just and effective public policy. Principally, the argument is devoid of any ethical system to permit the external-and therefore public-appreciation of the social context of moral decisions. In effect, libertarian arguments of this sort must disregard any ideas of public ethics, because the liberty to use whatever means available to gain a socio-economic advantage actually extinguishes any professed legitimation strategy. Escaping the procedural aspects of public policy, which are considered integral to authoritative coherence, results in the erosion of any moral obligations. Thus, in a libertarian society, disenfranchised individuals-such as those harmed through addiction-are the unlucky or superfluous product of a liberal and 'progressive' society.

Copyright 2011, Springer

Chase D; Hora PF. Substance abuse and addiction in family courts: The best seat in the house. Family Court Review 47(April): 209-234, 2009. (96 refs.)

A survey of 355 judges examined the differences in judicial satisfac-tion between those assigned to problem-solving courts--such as drug treatment and unified family--and judges in other more traditional assignments such as family law and criminal courts. The unified family court systems, like drug treatment courts, have generally adopted the principles of therapeutic jurisprudence. Significant differences were found on each of the three survey scales: (1) helpfulness, (2) attitude toward litigants, and (3) positive effects of assignment. The judges who were in the problem-solving courts (drug treatment and unified family court) scored higher on all three scales than those who were not (traditional family and criminal court). The group of problem-solving court judges consistently scored higher than the other group of judges, with the drug treatment court judges scoring the highest. The group of traditional criminal court and family court judges scored less positively, with the criminal court judges having the lowest scores. The problem-solving court judges were more likely to report believing that the role of the court should include helping litigants address the problems that brought them there and were more likely to observe positive changes in the litigants. They were also more likely to believe that litigants are motivated to change and are able to do so. They felt more respected by the litigants and were more likely to think that the litigants were grateful for help they received. The problem-solving court judges were also more likely to report being happy in their assignments and to believe that these assignments have a positive emotional effect on them.

Copyright 2009, Association of Family and Conciliation Courts

Cheng TC; Lo CC. Heavy alcohol use, alcohol and drug screening and their relationship to mothers' welfare participation: A temporal-ordered causal analysis. Journal of Social Policy 39(Part 4): 543-559, 2010. (49 refs.)

This longitudinal study examined the association between heavy alcohol use, alcohol- and drug-screening requirements, and social support network variables and mothers' welfare participation in the United States. The study was a secondary data analysis of 3,517 mothers. The sample was extracted from National Longitudinal Survey of Youth data gathered in 1994-2004. Results of logistic regression show welfare participation is not associated with heavy alcohol use or alcohol- and drug-screening requirements, but is associated with a history of reported heavy alcohol use, informal help with childcare, and scant human capital. Results also indicate that alcohol- and drug screening required under TANF may not exclude heavy drinking mothers from TANF participation, and that social support networks do not cancel heavy drinking's association with participation. Policy implications are discussed.

Copyright 2010, Cambridge University Press

Cooper CS. Substance abuse and addiction in Family Courts. Adolescent drug users: The justice system in missing and important opportunity. Family Court Review 47(April): 239-250, 2009. (47 refs.)

HIGHLIGHT: A significant number of youth and young adults who use drugs have fallen through the cracks of our juvenile and adult justice systems in terms of receiving any meaningful services. The situation is due to a number of factors, including the reliance on adolescent self-reporting utilized by most of the research, the failure of justice and other systems to routinely assess youth for either current drug use or indicia of drug use (e.g., "resiliency" or "protective" factors), and confidentiality and other restrictions pertaining to access to juvenile justice system information. Yet, retrospective reviews of drug use patterns for adults in the criminal justice system make it clear that drug use is beginning for most of these offenders during adolescence or before. This article urges (1) juvenile courts to develop mechanisms for systematically screening youth who come into the system for drug use and/or propensities for drug use and (2) adult courts to embark on similar strategies and to develop adolescent tracks that would be geared to providing the services these youth (despite their chronological age) need and would otherwise not receive in the adult system.

Copyright 2009, Association of Family and Conciliation Courts

Dave D; Mukerjee S. Mental health parity legislation, cost-sharing and substance-abuse treatment admissions. Health Economics 20(2): 161-183, 2011. (37 refs.)

Treatment is highly cost-effective in reducing an individual's substance abuse (SA) and associated harms. However, data from Treatment Episodes (TEDS) indicate that per capita treatment admissions substantially lagged behind increases in heavy drug use from 1992 to 2007. Only 10% of individuals with clinical SA disorders receive treatment, and almost half who forgo treatment point to accessibility and cost constraints as barriers to care. This study investigates the impact of state mental health and SA parity legislation on treatment admission flows and cost-sharing. Fixed effects specifications indicate that mandating comprehensive parity for mental health and SA disorders raises the probability that a treatment admission is privately insured, lowering costs for the individual. Despite some crowd-out of charity care for private insurance, mandates reduce the uninsured probability by a net 2.4 percentage points. States mandating comprehensive parity also see an increase in treatment admissions. Thus, increasing cost-sharing and reducing financial barriers may aid the at-risk population in obtaining adequate SA treatment. Supply constraints mute effect sizes, suggesting that demand-focused interventions need to be complemented with policies supporting treatment providers. These results have implications for the effectiveness of the 2008 Federal Mental Health Parity and Addiction Equity Act in increasing SA treatment admissions and promoting cost-sharing.

Copyright 2011, Wiley-Blackwell

Dierker LC; Sledjeski EM; Marshall S; Johnson S. Substance parity laws and the detection and treatment of substance use disorders among adolescents in mental health care. Journal of Dual Diagnosis 5(1): 2-13, 2009. (38 refs.)

This study investigated the association between substance use parity laws and the detection/treatment of co-occurring psychiatric and substance use disorders among adolescents seeking treatment within a mental health setting. Data were drawn from the Substance Abuse and Mental Health Services Administration 1997 Client/Patient Sample Survey (CPSS). The CPSS is a nationally representative survey of mental health service use obtained from standardized chart reviews. While 5.8% of the sample received a substance use diagnosis, only 32% of those youth received substance treatment. Youth receiving services in a state with a substance parity law were more likely to receive a substance use diagnosis and substance treatment compared with youth residing in a state without a substance parity law. Findings suggest that while substance parity laws may influence the detection and treatment of substance use disorders, overall, youth with a dual diagnosis remain underserved.

Copyright 2009, Taylor & Francis

Dills AK. Social host liability for minors and underage drunk-driving accidents. Journal of Health Economics 29(2): 241-249, 2010. (24 refs.)

Social host laws for minors aim to reduce teenage alcohol consumption by imposing liability on adults who host parties. Parents cite safety reasons as part of their motivation for hosting parties, preferring their teens and their teens' friends to drink in a supervised and safe locale. Both sides predict an effect of social host liability for minors on alcohol-related traffic accident rates for under-aged drinkers: the effects, however, work in opposite directions. This paper finds that, among 18-20 year olds, social host liability for minors reduced the drunk-driving fatality rate by 9%. I find no effect on sober traffic fatalities. Survey data on drinking and drunk driving suggest the declines resulted mostly from reductions in drunk driving and not reductions in drinking.

Copyright 2010, Elsevier Science

Dixon K. Implementing mental health parity: The challenge for health plans. Health Affairs 28(3): 663-665, 2009. (0 refs.)

By design, the new mental health parity law should work harmoniously with innovations that have helped slow down growth in mental health and substance abuse (MH/SA) treatment costs and improve their quality. The main purpose of the new law is to put coverage of MH/SA benefits on an equal footing with general medical benefits. But some unique features of care for MH/SA disorders will pose challenges in aligning benefits with general medical care. Successful navigation of these challenges will require, as in the passage of the parity law itself, cooperation from all stakeholder groups.

Copyright 2009, Project Hope

Donnelly JR. The need for ibogaine in drug and alcohol addiction treatment. (editorial). Journal of Legal Medicine 32(1): 93-114, 2011. (53 refs.)

Dwyer JG. A consitutional birthright: The State, parentage, and the rights of newborn persons. UCLA Law Review 56(4): 755-835, 2009. (75 refs.)

State parentage laws, dictating who a newborn child's first legal parents will be, have been the subject of constitutional challenges in several U.S. Supreme Court and many lower court decisions. All of those decisions, however, have focused on constitutional rights of adults (especially unwed biological fathers) who wish to become, or to avoid becoming, legal parents. Neither courts nor legal scholars have considered whether the children have any constitutional rights that constrain legislatures and courts in deciding which adults will be their legal parents. If a state enacted a parentage law that said, for example, that any child born to a birth mother who already had two children would be placed in a parent-child relationship at birth with applicants for adoption rather than with the birth mother, would that infringe on any constitutional right of the child? Or would the birth mother be the only person with standing to challenge the law? Such a law would be purely hypothetical in the U.S. (though not far from reality in some other parts of the world). But the actual current parentage laws in the United States, which confer legal parent status in almost all instances on biological parents, with no regard for fitness, also have a seriously adverse affect on a subset of children-specifically, children whose birth parents are manifestly unfit to raise children, as evidenced by serious child maltreatment histories, criminal records, substance abuse, mental illness, and/or imprisonment. This Article is the first to consider whether states violate a constitutional right of some children when their parentage laws consign the children to legal relationships with, and into the custody of, adults whom the state knows to be unfit. It identifies opportunities for children's advocates to advance constitutional challenges to state parentage laws as applied to newborn offspring of adults unfit to parent, and it presents a robust legal theory to underwrite such challenges.

_Copyright 2009, University of California

Egan V; Cordan G. Barely legal: Is attraction and estimated age of young female faces disrupted by alcohol use, make up, and the sex of the observer? British Journal of Psychology 100(Part 2): 415-427, 2009

One 'reasonable ground' for unlawful sex with a minor is mistaken age. Alcohol consumption and make-up are often deemed further influences on impaired perception. Two hundred and forty persons in bars and cafes rated the attractiveness of composite faces of immature and mature females with and without additional make-up, alcohol users having their concurrent blood-alcohol level measured using a breathalyser. A non-sex-specific preference for immature faces over sexually mature faces was found. Alcohol and make-up did not inflate attractiveness ratings in immature faces. While alcohol consumption significantly inflated attractiveness ratings for participants viewing made-up sexually mature faces, greater alcohol consumption itself did not lead to overestimation of age. Although alcohol limited the processing of maturity cues in female observers, it had no effect on the age perceptions of males viewing female faces, suggesting male male preferences are not easily disrupted. Participants consistently overestimated the age of sexually immature- and sexually mature-faces by an average of 3.5 years. Our study suggests that even heavy alcohol consumption does not interfere with age-perception tasks in men, so is not of itself an excuse for apparent mistaken age in cases of unlawful sex with a minor.

Copyright 2009, British Psychological Society

Fell JC; Fisher DA; Voas RB; Blackman K; Tippetts AS. Changes in alcohol-Involved fatal crashes associated with tougher state alcohol legislation. Alcoholism: Clinical and Experimental Research 33(7): 1208-1219, 2009. (50 refs.)

Background: This study used a pre- to post-design to evaluate the influence on drinking-and-driving fatal crashes of 6 laws directed at youth aged 20 and younger and 4 laws targeting all drivers. Methods: Data on the laws were drawn from the Alcohol Policy Information System data set (1998 to 2005), the Digests of State Alcohol Highway Safety Related Legislation (1983 to 2006), and the Westlaw database. The Fatality Analysis Reporting System data set (1982 to 2004) was used to assess the ratio of drinking to nondrinking drivers involved in fatal crashes [fatal crash incidence ratio (CIR)]. The data were analyzed using structural equation modeling techniques. Results: Significant decreases in the underage fatal CIR were associated with presence of 4 of the laws targeting youth (possession, purchase, use and lose, and zero tolerance) and 3 of the laws targeting all drivers (0.08 blood alcohol concentration illegal per se law, secondary or upgrade to a primary seat belt law, and an administrative license revocation law). Beer consumption was associated with a significant increase in the underage fatal CIR. The direct effects of laws targeting drivers of all ages on adult drinking drivers aged 26 and older were similar but of a smaller magnitude compared to the findings for those aged 20 and younger. It is estimated that the 2 core underage drinking laws (purchase and possession) and the zero tolerance law are currently saving an estimated 732 lives per year controlling for other exposure factors. If all states adopted use and lose laws, an additional 165 lives could be saved annually. Conclusions: These results provide substantial support for the effectiveness of under age 21 drinking laws with 4 of the 6 laws examined having significant associations with reductions in underage drinking-and-driving fatal crashes. These findings point to the importance of key underage drinking and traffic safety laws in efforts to reduce underage drinking-driver crashes.

Copyright 2009, Research Society on Alcoholism

Foster JH; Herring R; Waller S; Thom B. The Licensing Act 2003: A step in the right direction? Journal of Substance Use 14(2): 113-123, 2009. (28 refs.)

The Licensing Act 2003 (covering England and Wales) introduced greater flexibility to the UK licensing laws, including the possibility of 24-h licenses. This paper reports a nation wide survey of 225 (63%) local authority chairs of licensing committees/senior members of licensing teams in England evaluating the short-term impact of the Act. A cumulative impact (saturation) area was only declared in 38 (17%) local authorities. Extended hours applications were more common than new applications in both on- and off-licensed premises. The perception of those surveyed was of 'no change' in the following alcohol-related variables; public noise levels (n=133, 59%) violence and fights (n=130, 60%), under-aged drinking (n=143, 67%), crime (n=141, 68%), and drink-driving (n=157, 86%). Contrary to the picture often presented in certain parts of the mass-media, the impact of the Licensing Act appears to be neutral. However, these are likely to be the result of a number of intervening factors, rather than the change to a more liberalized licensing regime. The role of the police would seem to be fundamental. Future research will need to disentangle the impact of these intervening factors and it will be a number of years before the impact of these changes can be assessed.

Copyright 2009, Informa Healthcare

Garcia RA. Equity for all? Potential impact of the Mental Health Parity and Addiction Act of 2008. Journal of Legal Medicine 31(1): 137-155, 2010. (95 legal refs.)

An estimated 23 to 30 million adults are severely incapacitated from mental disorders, excluding those relating to substance abuse. Studies show that nearly 15% of the American population uses some type of mental health services in a given year. In spite of these astounding statistics, until recently mental health benefits in the United States lacked equal footing with their medical and surgical counterparts. Historically, many health care insurers have categorically excluded mental health benefits from coverage. If insurers covered mental health services at all, they were often subject to higher copayments per mental health visit, with limitations on the number of visits allowed. Additionally, many policies routinely contained "carve out" provisions, providing coverage for treatment by specific types of providers (such as social workers or psychologists) but imposing time limitations on treatment. Mental health parity legislation seeks to equalize the benefits provided by private insurers, requiring coverage for mental health services on a par with other medical conditions. Mental health parity advocates base their arguments primarily on the belief that health insurance providers should not discriminate against people with mental illness. As a result of the efforts of former Senators Pete Domenici and John Danforth, mental health parity legislation equalizing mental health benefits became law on October 3, 2008 as part of the Emergency Economic Stabilization Act of 2008. Section I of this commentary examines the history of mental health insurance coverage in the United States. Specifically, it provides an overview of the Mental Health Parity Act of 1996, including its limited scope and the difficulties that arose in its implementation. The section then provides an overview of the Mental Health Parity and Addiction Equity Act of 2008, which aimed to solve many of the problems that plagued the prior law. Section II presents common arguments for and against implementation of the 2008 Act, including those objections based upon economic considerations. Section III discusses possible resolutions to these arguments, including the advocacy of a new tier of mental health benefits coverage by health care providers. Finally, section IV concludes that, in practice, the 2008 Act will do little to ensure the equality of mental health benefits under the current health care landscape.

Copyright 2010, Hemisphere Publishing

Goldfarb A; Tucker C. Advertising bans and the substitutability of online and offline advertising. Journal of Marketing Research 48(2): 207-227, 2011. (48 refs.)

The authors examine whether the growth of the Internet has reduced the effectiveness of government regulation of advertising. They combine nonexperimental variation in local regulation of offline alcohol advertising with data from field tests that randomized exposure to online advertising for 275 different online advertising campaigns to 61,580 people. The results show that people are 8% less likely to say that they will purchase an alcoholic beverage in states that have alcohol advertising bans compared with states that do not. For consumers exposed to online advertising, this gap narrows to 3%. There are similar effects for four changes in local offline alcohol advertising restrictions when advertising effectiveness is observed both before and after the change. The effect of online advertising is disproportionately high for new products and for products with low awareness in places that have bans. This suggests that online advertising could reduce the effectiveness of attempts to regulate offline advertising channels because online advertising substitutes for (rather than complements) offline advertising.

Copyright 2011, American Marketing Association

Goodenough OR; Tucker M. Law and cognitive neuroscience. Annual Review of Law and Social Science 6: 61- 92, 2010. (267 refs.)

Law and neuroscience (sometimes neurolaw) has become a recognized field of study. The advances of neuroscience are proving useful in solving some perennial challenges of legal scholarship and are leading to applications in law and policy. While caution is appropriate in considering neurolaw approaches, the new knowledge should-and will-be put to use. Areas of special attention in current neurolaw scholarship include (a) techniques for the objective investigation of subjective states such as pain, memory, and truth-telling; (b) evidentiary issues for admitting neuroscience facts and approaches into a court proceeding; (c) free will, responsibility, moral judgment, and punishment; (d) juvenile offenders; (e) addiction; (f) mental health; (g) bias; (h) emotion; and (i) the neuroeconomics of decision making and cooperation. The future of neurolaw will be more productive if challenges to collaboration between lawyers and scientists can be resolved.

Copyright 2010, Annual Reviews, Inc.

Gorman MM; Marinaccio A; Cardinale C. Fair housing for sober living: How the Fair Housing Act addresses recovery homes for drug and alcohol addiction. Urban Lawyer 42(3): 607-614, 2010. (42 legal refs.)

The facilities and operators of individual sober living homes vary greatly, but it is often argued that the location of the home in a single-family neighborhood is critical to fostering addiction recovery by avoiding the temptations other environments can create. The organizational design of sober living facilities also differs, ranging from the private landlord renting his home to recovering addicts, to corporations operating several full-time treatment centers across the country and employing professional staff. Because of the vast diversity in location and structure, the sober living model can be easily abused by landlords seeking to maximize rents. Because nearly any single family home can become a "sober living home" by adopting that label, some single family homes house upwards of twenty or thirty individuals under the guise of "sober living"; in reality, they provide little in the way of actual treatment.

Copyright 2010, American Bar Association

Gorun G; Curca GC; Hostiuc S; Buda O. "Legal highs" in Romania: Historical and present facts. Romanian Journal of Legal Medicine 19(1): 73-76, 2011. (7 refs.)

In the modern history of our country, the subject of psychoactive substances was banned as being against the socialist-communist political ideology, and consequently the research and knowledge on the historical evolution of the use of plants and substances for medical, hedonistic and/or ritual purposes in our country was not given any encouragement. In this context of a diluted and outdated knowledge on the psychoactive substances which had been maintained for decades, the explosion of the drug addiction phenomenon encountered an idealistic perception ("it is a problem of the Western world", "we are just a transit country", etc.), which lead to a fast increase in the number of young people who tried to consume illegal drugs. The political/administrative organisations, the civil society, the NGOs and particularly the scientific experts in Romania had all a very slow and laggard response, which has lead to the current situation when drug addiction is finally recognized as a very serious issue. Particular features of the Romanian phenomenon surprisingly not due to the local tradition or spontaneous flora (as long as currently marketed products are imported) are presented in this publication, giving examples from the criminal investigation experience. An alarming issue which has been highlighted by our research points to the fact that "classical drugs", such as opioids, methadone, ketamine, MDMA, are likely to be used in Romania for "spicing up" the so-called "legal" marketed products. In the following, we shall trace the historical evolution of the use of plants and substances for medical, hedonistic and/or ritual purposes in our country. We shall also reflect on the related legislative and medical issues, and the suggested measures.

Copyright 2011, Romanian Legal Medical Society

Gosselt JF; Van Hoof JJ; Baas N; De Jong MDT. Effects of a national information campaign on compliance with age restrictions for alcohol sales. Journal of Adolescent Health 49(1): 97-98, 2011. (5 refs.)

Purpose: To investigate the effect of a national information campaign, introduced by the Dutch Food Retail Organization, named "Under 20? Show Your ID!," on compliance with age restrictions on alcohol sales. The compliance level after the campaign was compared with a baseline compliance, that we calculated based on 458 preintervention compliance measurements. Methods: Data were collected using the method of mystery shopping. Three teams, each consisting of two 15-year-old mystery shoppers, conducted 105 alcohol purchase attempts in supermarkets in three regions in the Netherlands. Results: A compliance rate of 24.8% was found, which is a significant improvement compared with Dutch basement compliance rate from the past (14.9%), but is nominally still very low. Conclusions: This mass media intervention campaign failed to increase compliance to an acceptable level. Also the specific goal of the campaign (ask everybody under <20 years old for identification [ ID]) failed because fewer than half of the 15-year-old mystery shoppers in the study were asked to show their ID when purchasing alcoholic beverages.

Copyright 2011, Society for Adolescent Health and Medicine

Grant D. Dead on arrival: Zero tolerance laws don't work. Economic Inquiry 48(3): 756-770, 2010. (26 refs.)

By 1998, all states had passed laws lowering the legal blood alcohol content for drivers under 21 to effectively zero. Theory shows these laws have ambiguous effects on overall fatalities and economic efficiency, and the data show they have little effect on driver behavior. A panel analysis of the 1988-2000 Fatality Analysis Reporting System indicates that zero tolerance laws have no material influence on the level of fatalities, while quantile regression reveals virtually no change in the distribution of blood alcohol content among drivers involved in fatal accidents.

Copyright 2010, Wiley-Blackwell

Green R. The ethics of sin taxes. Public Health Nursing 28(1): 68-77, 2011. (45 refs.)

The current global economic crisis is forcing governments to consider a variety of methods to generate funds for infrastructure. In the United States, smoking-related illness and an obesity epidemic are forcing public health institutions to consider a variety of methods to influence health behaviors of entire target groups. In this paper, the author uses a public health nursing model, the Public Health Code of Ethics Public Health Leadership Society, 2002), the American Nurses' Association (ANA) Code of Ethics (2001), and other relevant ethical theory to weigh and balance the arguments for and against the use of sin taxes. A position advocating the limited use of sin taxes is supported as a reasonable stance for the public health professional.

Copyright 2011, Wiley-Blackwell

Hahn R. Recommendations on maintaining limits on days and hours of sale of alcoholic beverages to prevent excessive alcohol consumption and related harms. American Journal of Preventive Medicine 39(6): 605-606, 2010. (5 refs.)

There are two major recommendation. The first focuses on limiting days on which alcoholic beverages are sold. The second focuses on limiting hours during which alcoholic beverages are sold. In respect to the first, there is strong evidence of effectiveness. Thus, the Task Force recommends maintaining existing limitations. Removal of limits on days of sale in off-premises settings results in small increases both in consumption of alcohol and in motor vehicle fatalities, there is a similar effect for on-premsise sales. Also, the Task Force recommends maintaining existing limits on the hours during which alcoholic beverages are sold at on-premises outlets as another strategy for preventing alcohol-related harms. Studies that examined increasing hours of sale by 2 or more hours found increases in vehicle crash injuries, emergency room admissions, and alcohol-related assault and injury. The Task Force found insufficient evidence to determine the effectiveness of increasing existing limits on hours of sale at off-premises outlets, because no studies were found that assessed such evidence.

Copyright 2010, Elsevier Science

Hahn R; Kuzara JL; Elder R; Brewer R; Chattopadhyay S; Fielding J et al. Effectiveness of policies restricting hours of alcohol sales in preventing excessive alcohol consumption and related harms. American Journal of Preventive Medicine 39(6): 590-604, 2010

Local, state, and national laws and policies that limit the days of the week on which alcoholic beverages may be sold may be a means of reducing excessive alcohol consumption and related harms. The methods of the "Guide to Community Preventive Services" were used to synthesize scientific evidence on the effectiveness for preventing excessive alcohol consumption and related harms of laws and policies maintaining or reducing the days when alcoholic beverages may be sold. Outcomes assessed in 14 studies that met qualifying criteria were excessive alcohol consumption and alcohol-related harms, including motor vehicle injuries and deaths, violence-related and other injuries, and health conditions. Qualifying studies assessed the effects of changes in days of sale in both on-premises settings (at which alcoholic beverages are consumed where purchased) and off-premises settings (at which alcoholic beverages may not be consumed where purchased). Eleven studies assessed the effects of adding days of sale, and three studies assessed the effects of imposing a ban on sales on a given weekend day. The evidence from these studies indicated that increasing days of sale leads to increases in excessive alcohol consumption and alcohol-related harms and that reducing the number of days that alcoholic beverages are sold generally decreases alcohol-related harms. Based on these findings, when the expansion of days of sale is being considered, laws and policies maintaining the number of days of the week that alcoholic beverages are sold at on- and off-premises outlets in local, state, and national jurisdictions are effective public health strategies for preventing excessive alcohol consumption and related harms.

Copyright 2010, Elsevier Science

Hall W. What are the policy lessons of National Alcohol Prohibition in the United States, 1920-1933? (editorial). Addiction 105(7): 1164-1173, 2010. (53 refs.)

National alcohol prohibition in the United States between 1920 and 1933 is believed widely to have been a misguided and failed social experiment that made alcohol problems worse by encouraging drinkers to switch to spirits and created a large black market for alcohol supplied by organized crime. The standard view of alcohol prohibition provides policy lessons that are invoked routinely in policy debates about alcohol and other drugs. The alcohol industry invokes it routinely when resisting proposals to reduce the availability of alcohol, increase its price or regulate alcohol advertising and promotion. Advocates of cannabis law reform invoke it frequently in support of their cause. This paper aims: (i) to provide an account of alcohol prohibition that is more accurate than the standard account because it is informed by historical and econometric analyses; (ii) to describe the policy debates in the 1920s and 1930s about the effectiveness of national prohibition; and (iii) to reflect on any relevance that the US experience with alcohol prohibition has for contemporary policies towards alcohol. It is incorrect to claim that the US experience of National Prohibition indicates that prohibition as a means of regulating alcohol is always doomed to failure. Subsequent experience shows that partial prohibitions can produce substantial public health benefits at an acceptable social cost, in the absence of substantial enforcement.

Copyright 2010, Society for the Study of Addiction

Jacob KS. Alcohol and public health policies in India. (editorial). National Medical Journal of India 23(4): 224-225, 2010. (11 refs.)

Extreme policies of prohibition or the current permissive strategies are counterproductive and call for a nuanced public health approach that integrates both the regulation of availability of alcohol as well as helps in rigorously enforcing the law.

Copyright 2010, All India Institute of Medical Sciences

John A; Barman A; Bal D; Chandy G; Samuel J; Thokchom M et al. Hazardous alcohol use in rural southern India: Nature, prevalence and risk factors. National Medical Journal of India 22(3): 123-125, 2009. (11 refs.)

Background. There Is a dearth of data on the hazardous use of alcohol in rural India. Methods. We examined the nature, prevalence and factors associated with hazardous use of alcohol among men in a rural community In southern India. We used stratified sampling to select subjects from the Kaniyambadi block and employed 'AUDIT', a standard instrument, to assess the use of alcohol. Results. The prevalence of life-time use, use In the past year and hazardous use of alcohol was 46.7%, 34.8% and 14.2%, respectively. Using Indian made foreign liquor (OR 20.51; 95% CI 8.81-47.75) and living In a village which brewed Illicit alcohol (OR 2.82; 95% CI 1.39-5.72) were risk factors for hazardous use while education (OR 0.39; 95% CI 0.21-0.72) was protective. These factors remained significantly associated with hazardous use after adjusting for age and education using logistic regression. Conclusion. The relationship between the availability of Illicit and commercial alcohol and Its hazardous use suggests the need for an alcohol policy which takes Into account health and economic Issues and also implements the law to prevent the negative Impact of problem drinking.

Copyright 2009, All India Institute of Medical Sciences

Jones SN; Lachman VD. Continuing the dialogue: Reducing minimum legal drinking age laws from 21 to 18. Journal of Addictions Nursing 22(3): 138-143, 2011. (37 refs.)

The purpose of this paper is to examine both sides of the debate revolving around the issue of reducing the minimum legal drinking age law from age 21 to 18 years of age. Ethical considerations surrounding the issue are offered. The current 1984 National Minimum Drinking Age Act (MLDA 21) has been shown to save lives. However, in 2008 the major supporters of reducing the minimum legal drinking age laws from 21 to 18 issued a call to dialogue. The Amethyst Initiative and Choose Responsibility have spearheaded opposition to MDLA 21. They call for a public dialogue about the ineffectiveness of MLDA 21 laws; whereas proponents of MLDA 21 laws provide evidence-based data that the MLDA 21, laws save lives. The authors provide arguments in opposition to reducing the age requirements of the MLDA 21 laws and present ethical considerations that represent both sides of the issues. The authors conclude that in view of the adverse consequences of alcohol-related traffic injuries/fatalities among youth ages 15-20, continuation of the dialogue is warranted.

Copyright 2011, Informa Healthcare

Jurgens R; Csete J; Amon JJ; Baral S; Beyrer C. HIV in people who use drugs. 6: People who use drugs, HIV, and human rights. Lancet 376(9739): 475-485, 2010. (136 refs.)

We reviewed evidence from more than 900 studies and reports on the link between human rights abuses experienced by people who use drugs and vulnerability to HIV infection and access to services. Published work documents widespread abuses of human rights, which increase vulnerability to HIV infection and negatively affect delivery of HIV programmes. These abuses include denial of harm-reduction services, discriminatory access to antiretroviral therapy, abusive law enforcement practices, and coercion in the guise of treatment for drug dependence. Protection of the human rights of people who use drugs therefore is important not only because their rights must be respected, protected, and fulfilled, but also because it is an essential precondition to improving the health of people who use drugs. Rights-based responses to HIV and drug use have had good outcomes where they have been implemented, and they should be replicated in other countries.

Copyright 2010, Elsevier Science

Kempinen B. Problem-solving courts and the defense function: the wisconsin experience. Hastings Law Journal 62(5): 1349-1375, 2011. (31 refs.)

Problem-solving courts have emerged as one of the fastest growing innovations in the criminal justice system. Their growth has not been without controversy, given their dramatic departure from a traditional adversary model in favor of a collaborative approach in dealing with offenders with serious alcohol or substance abuse, or mental health issues. The most outspoken criticism of this approach has come from the defense bar. This Essay suggests much of the criticism is misplaced, and, that if care is exercised in separating the roles that defense counsel plays in communities with problem-solving courts the promise of this approach for appropriate offenders can be realized without compromising the core duties that counsel owes her client. The template proposed here for reconciling these conflicting interests is based in large part on the work and experiences of shareholders in Wisconsin problem-solving courts. It is further suggested that the proposed ABA Criminal Justice Standards for the Defense Function fail to address most, if not all, of the unique defense function issues presented by the problem-solving court model.

Copyright 2011, University of California

Kypri K; Langley JD; Connor J. Alcohol in our lives: A once-in-a generation opportunity for liquor law reform in New Zealand. (editorial). Drug and Alcohol Review 29(1): 1-4, 2010. (19 refs.)

Leis R; Rosenbloom D. Substance abuse and addiction in Family Courts: From addiction to abstinence. Maximzing the chances of success. Family Court Review 47(April): 274-282, 2009. (45 refs.)

People with alcohol or other drug problems face discriminatory public and private policies that restrict their access to appropriate health care, employment, and public benefits, discouraging them from seeking treatment, robbing them of hope for recovery, and costing society millions of dollars. Join Together, a project of Boston University School of Public Health, formed a national policy panel in the spring of 2002 to address this discrimination. The panelists developed the two principles and ten recommendations contained in this report, relying principally upon the written and oral testimony they received. Join Together was assisted in this effort by the American Bar Association's (ABA) Standing Committee on Substance Abuse, which facilitated the panel's initial hearing at the ABA's Annual Meeting in August 2002. Among the recommendations: Decisions involving the custodial status of children should be made in the best interests of a child based on what is happening in the home. Insurers should not be allowed to deny claims for the care of any injury sustained by an insured person if he or she was under the influence of alcohol or other drugs at the time of injury. ... Mandated treatment should include mandated ancillary services. All health care providers should be able to identify substance use disorders and refer people to appropriate treatment. Professionals, such as lawyers, judges, probation officers, and child welfare workers, who come into contact with people who may have alcohol or other drug disease should be trained to identify signs of abuse and know what to do next. Trained substance abuse counselors should receive special incentives to locate in rural areas. When confronted with potential or current employees' past alcohol or other drug use, employers should make decisions on whether the person is appropriate for employment based on the job requirements and the individual's health. State licensing boards for attorneys, physicians, and other professionals should not single out past alcohol or other drug use as a bar to licensing or a requirement for special restrictions any more than they would for past health-related conditions. People with drug convictions, but no current drug use, should face no obstacles to getting student loans, other grants, scholarships, or access to government training programs. Local housing authorities should develop balanced policies to help people with active drug or alcohol disease get treatment while protecting the safety of the other residents. Housing authorities should work with treatment providers in their community to establish a referral network or to bring services to housing complexes. People who are disabled as a result of their alcohol or other drug disease should be eligible for SSDI and SSI.

Copyright 2009, Association of Family and Conciliation Courts

Lewis M. Keeping sin from sacred spaces southern evangelicals and the socio-legal control of alcohol, 1865-1915. Southern Cultures 15(2): 40-60, 2009. (54 refs.)

Historically, and still today, southerners have attempted to maintain a strict separation of "items" deemed sinful and "spaces" deemed pure. White southerners have also been unusually concerned with separating "persons" deemed sinful or tempting from "pure" spaces or persons, as the long sad history of laws designed to prohibit intimate cross-racial fraternization illustrate. While many Americans might view an inebriated churchgoer as an ill person who has inappropriately entered a sacred place, southern evangelicals then and now would characterize the person as a victim of Satan's machinations. Initially southern evangelicals attacked the saloon, creating laws that would ensure "decreasing drinking and drunkenness by removing temptation farther from men. " Evangelicals worried that these measures did nothing to prevent the movement of liquor from areas that still permitted its sale into those that had outlawed it. Historians who have investigated the shift away from prohibition sentiment and practice generally explain it by referring to different social changes. These include urbanization and upward mobility, another is the acceptance of the medical model of the alcoholic as someone who is suffering from a genetic or biologically-based disease. Those who are genetically or biologically ill represent less threat of contagion, making a spatial separating strategy less necessary. Some evangelical groups have once again begun to question the wisdom of the medical model, arguing instead for a return to a legal and moral solution to the liquor problem. In 2006 the Southern Baptist Convention passed Resolution #5: "Resolved that the messengers to the SBC express our total opposition to the manufacturing, advertising, distributing, and consuming of alcoholic beverages ... and be it further that we commend organizations and ministries that treat alcohol-related problems from a biblical perspective."

Copyright 2009, University of North Carolina Pres

Lewis TF; Olds RS; Thombs DL; Ding KL. Driving privileges facilitate impaired driving in those youths who use alcohol or marijuana. Journal of Child & Adolescent Substance Abuse 18(1): 106-116, 2009. (20 refs.)

The aim of this study was to determine whether possession of a driver's license increases the risk of impaired driving among adolescents who use alcohol or marijuana. An anonymous questionnaire was administered to secondary school students in northeast Ohio across multiple school districts. Logistic regression analyses revealed that after accounting for socio-demographic variables, legal driving privileges were independent risk factors for both alcohol- and marijuana-impaired driving, and more robust than substance use in distinguishing between impaired and non-impaired drivers. Prevention strategies must address conventional licensing policies in addition to social and contextual factors leading to adolescent alcohol and marijuana use and associated risks.

Copyright 2009, Haworth Press

Lipperman-Kreda S; Grube JW; Paschall MJ. Community norms, enforcement of minimum legal drinking age laws, personal beliefs and underage drinking: An explanatory model. Journal of Community Health 35(3): 249-257, 2010. (25 refs.)

Strategies to enforce underage drinking laws are aimed at reducing youth access to alcohol from commercial and social sources and deterring its possession and use. However, little is known about the processes through which enforcement strategies may affect underage drinking. The purpose of the current study is to present and test a conceptual model that specifies possible direct and indirect relationships among adolescents' perception of community alcohol norms, enforcement of underage drinking laws, personal beliefs (perceived parental disapproval of alcohol use, perceived alcohol availability, perceived drinking by peers, perceived harm and personal disapproval of alcohol use), and their past-30-day alcohol use. This study used data from 17,830 middle and high school students who participated in the 2007 Oregon Health Teens Survey. Structural equations modeling indicated that perceived community disapproval of adolescents' alcohol use was directly and positively related to perceived local police enforcement of underage drinking laws. In addition, adolescents' personal beliefs appeared to mediate the relationship between perceived enforcement of underage drinking laws and past-30-day alcohol use. Enforcement of underage drinking laws appeared to partially mediate the relationship between perceived community disapproval and personal beliefs related to alcohol use. Results of this study suggests that environmental prevention efforts to reduce underage drinking should target adults' attitudes and community norms about underage drinking as well as the beliefs of youth themselves.

Copyright 2010, Springer

Martinez JA; Sher KJ. Methods of "fake ID" obtainment and use in underage college students. Addictive Behaviors 35(7): 738-740, 2010. (12 refs.)

Fake IDs are highly prevalent among underage college students, and are strongly associated with heavy drinking. However it is not currently known how exactly fake IDs are most commonly obtained and used, and how often individuals are caught. Such information could aid law enforcement and school personnel in their enforcement responsibilities, and might further elucidate the extent and means by which students "make ethical compromises" to gain illegal access to alcohol. A cross-sectional online survey of 1098 underage students at a large Midwestern university indicated that comparable to previous findings, 21.0% reported possessing a fake ID (which was strongly associated with past-month frequent heavy drinking: OR=4.84, 95% CI=3.41-6.86). Of those with fake IDs, 93.5% reported having used them, and 29.1% reported having been caught. Greek (i.e.. fraternity/sorority) members were more likely than others to obtain them through a Greek organization (OR=8.02, 95% CI=1.81-35.54). Also, men were more likely than women to buy (OR=2.74, 95% CI=1.57-4.77), yet less likely to be given them (OR=0.53, 95% CI=0.31-0.90). Future studies might examine whether and how fake ID capture reduces (or exacerbates) drinking over time.

Copyright 2010, Elsevier Science

Mckee SA; Higbee C; O'Malley S; Hassan L; Borland R; Cummings KM et al. Longitudinal evaluation of smoke-free Scotland on pub and home drinking behavior: Findings from the International Tobacco Control Policy Evaluation Project. Nicotine & Tobacco Research 11(6): 619-626, 2009. (47 refs.)

On 26 March 2006, Scotland implemented a smoke-free policy prohibiting smoking in indoor public venues, including bars and pubs. Drinking and smoking are highly associated behaviors, so we evaluated whether the regulations would decrease drinking behavior among smokers in public venues. We further assessed whether this effect would be more pronounced in heavier drinkers and whether decreases in drinking behavior in pubs would be offset by increased drinking in the home. Participants (N = 1,059) were adult smokers and nonsmokers from Scotland and from the rest of the United Kingdom, which did not have comprehensive smoke-free policies during the study period. Data were collected using a random-digit-dialed telephone survey from February to March 2006, just prior to the policy implementation in Scotland. Follow-up surveys were conducted in March 2007. Using baseline data, we categorized participants as abstainers, moderate drinkers, or heavy drinkers. Overall, results demonstrated that drinking behavior did not change significantly in Scotland compared with the rest of the United Kingdom following implementation of the smoke-free policy in Scotland. However, planned comparisons examining mean changes in drinks consumed in pubs or bars following the legislation demonstrated that the smoke-free legislation was associated with reduced drinking behavior in pubs and bars among moderate- and heavy-drinking smokers in Scotland. These moderate- and heavy-drinking Scottish smokers also reduced their pub attendance following policy implementation. The smoke-free Scottish law did not increase drinking in the home. These findings suggest that smoke-free policies may have additional public health benefits for those at greater risk for alcohol-related health problems.

Copyright 2009, Oxford University Press

Meyer AS; Mcwey LM; McKendrick W; Henderson TL. Substance using parents, foster care, and termination of parental rights: The importance of risk factors for legal outcomes. Children and Youth Services Review 32(5): 639-649, 2010. (80 refs.)

Using mixed methods, we compared appellate court foster care cases where parents' rights were terminated to those in which decisions to terminate parental rights were reversed or remanded to better understand the experiences of parents struggling with alcohol and drug use. A content analysis of 60 cases was conducted, 30 cases in which parental rights were terminated, and 30 where decisions to terminate parental rights were overturned or remanded to the lower court. Parents whose rights were terminated were more likely to have mental health problems and experienced incarceration. In addition, when a composite score of risk factors was analyzed, parents whose rights were terminated had significantly more risk factors. For both groups, poverty was an equally common risk factor. Implications include universal assessments for alcohol and drug abuse for parents involved in the child welfare system and timely refeirals to appropriate treatment. Further, collaboration between mental health providers, substance use treatment programs, and caseworkers to address the integration of potential risk factors may help promote successful outcomes for parents whose children are in foster care.

Copyright 2010, Elsevier Science

Moore RF. The interaction between the Americans with Disabilities Act and drug and alcohol addiction in sports. Sports Lawyers Journal 16(Spring): 231-254, 2009. (193 refs.)

Summary: ... Unlike Thurman's case, Cox's was more like the Rickey Higgins' case than it was the Roy Tarpley case because both Higgins and Cox were not disputing the fact that they recently used the substance that they were suspended for using. ... Case law further establishes that a physical impairment alone is not sufficient to establish discrimination; the impairment must substantially limit one or more of a person's major life activities. ... NFL Policy The National Football League (NFL) policy and program for substances of abuse states that the use of illegal drugs and the abuse of prescription drugs, over-the-counter drugs, and alcohol are prohibited for players in the NFL. ... The only argument against these policies appears to be that after a long-term suspension in most leagues, the commissioner is the sole decision maker responsible for deciding whether or not to reinstate a player. ... Professional sports leagues may need to consider adding a provision that specifically allows for arbitration on the issue of reinstatement for athletes with addiction-related issues. ... Based on these facts, Tarpley claims that he has been discriminated against on the basis of his disability as a recovering drug and alcohol abuser.

Copyright 2009, Sports Lawyers Journal

Morgan CJA; Muetzelfeldt L; Muetzelfeldt M; Nutt DJ; Curran HV. Harms associated with psychoactive substances: Findings of the UK National Drug Survey. Journal of Psychopharmacology 24(2): 147-153, 2010. (6 refs.)

Nutt and colleagues' 'rational' scale to assess the harms of commonly used drugs was based on ratings by a panel of experts. This survey aimed to assess drug users' views of the harms of drugs using the same scale. As users' drug choices are not solely based on harms, we additionally assessed perceived benefits. The survey was hosted at http: UK residents reported their experience of 20 commonly used substances; those with direct experience of a substance rated its physical, dependence-related and social harms as well as benefits. A total of 1501 users completed the survey. There was no correlation between the classification of the 20 drugs under the Misuse of Drugs Act and ranking of harms by users. Despite being unclassified substances, alcohol, solvents and tobacco were rated within the top ten most harmful drugs. There was a remarkably high correlation (r = 0.896) overall between rankings by users' and by experts. Ecstasy, cannabis and LSD were ranked highest by users on both acute and chronic benefits. These findings imply that users are relatively well informed about the harms associated with the drugs they use. They also suggest that the current UK legal classification system is not acting to inform users of the harms of psychoactive substances.

Copyright 2010, Sage Publications

Mosher JF. Litigation and alcohol policy: Lessons from the US tobacco wars. (review). Addiction 104(Supplement 1): 27-33, 2009. (19 refs.)

This paper explores the role of litigation in preventing alcohol-related harms, identifying lessons from the use of litigation in tobacco control policy in the United States. It analyzes the key components of litigation in an international context, provides a case study of its potential use in addressing the marketing of alcopops to youth and offers recommendations for pursuing litigation strategies in future alcohol policy efforts. The paper's analyses are based on both original and secondary legal research. State and federal case law and secondary sources are reviewed in assessing lessons learned from tobacco litigation in the United States and the potential role of litigation in alcohol policy, both in the United States and internationally. Assessment of alcohol litigation cases and state and federal laws and regulations provides the foundation for the alcopops case study. The tobacco litigation experience demonstrates that litigation is a powerful tool in addressing aggressive marketing by purveyors of addictive products such as alcohol. To be effective at both national and international levels, litigation should encompass a broad array of legal tactics designed to identify and restrict unfair, deceptive and misleading alcohol marketing tactics and should be utilized in conjunction with complementary prevention strategies. Research conducted on the impact of alcohol marketing on youth alcohol consumption and problems is needed to support potential litigation claims. Developing litigation expertise within the alcohol policy field and building collaboration with litigation specialists in tobacco control should also be considered a high priority.

Copyright 2009, Society for the Study of Addiction to Alcohol and Other Drugs

Olmstead SB; McWey LM; Henderson T. In the child's best interest: Terminating the rights of fathers with children in foster care. Journal of Family Issues 32(1): 31-54, 2011. (48 refs.)

The authors conducted a content analysis of appellate court foster care cases in which fathers appealed the termination of their parental rights. Applying the Responsible Fathering framework to organize the contextual issues that impede men from responsibly fathering, the authors sought to learn what factors affect decisions regarding the termination of their parental rights. Multiple risk factors emerged including lack of social support, financial resources, and opportunities. Implications for practitioners include attending to father's mental health, alcohol and/or substance abuse, issues surrounding incarceration, and the coparental relationship.

Copyright 2011, Sage Publications

Perez-Diaz C; Hure MS. Heavy drinking and the disposition of intimate partner violence cases in French courts. Drug and Alcohol Review 30(5, special issue): 490-495, 2011. (9 refs.)

Introduction and Aims. In 1992, France passed a specific penal law on intimate partner violence. The present study explores the functioning of this new law by examining the characteristics of perpetrators in cases that were tried rather than dismissed. Additionally, the characteristics of heavy drinkers were compared with those of non-heavy drinkers. Design and Methods. We analysed all cases of intimate partner violence processed in the years 1999-2000 by a major court of the Paris metropolitan area. Data were collected on 223 perpetrators (all 166 tried perpetrators and 10% of the 570 perpetrators whose case was dismissed) and how cases were handled institutionally. Logistic regression was used to identify perpetrator characteristics significantly associated with being tried (vs. dismissed) and being a heavy drinker. Results. Being tried was significantly more likely if the perpetrator had inflicted an injury, engaged in prior aggression and was a heavy drinker. Heavy drinking perpetrators were significantly more likely than non-heavy drinkers to have been drinking before the act. They were less likely to be under 40, more likely to be French, part of a stable couple and to have engaged in various types of prior aggression. Discussion and Conclusions. In 2000, heavy drinking was associated with increased risk of being tried and with drinking before the act. Heavy drinkers are more likely to have committed all forms of aggression, but only verbal aggression is significant. In 2000, judges gave heavy drinkers harsher sentences and a 2007 law sanctioned them even more severely. Our results suggest that treatment focused on problem drinking could be a helpful response-perhaps more so than harsher sentences-to intimate partner violence.

Copyright 2011, Wiley-Blackwell

Price M; Norris DM. Firearm laws: A primer for psychiatrists. Harvard Review of Psychiatry 18(6): 326-335, 2010. (65 refs.)

Persons with mental illness or substance abuse have been perceived by the public to pose an increased risk of violence to themselves and others. As a result, federal and state laws have restricted the right of certain categories of persons with mental illness or substance abuse to possess, register, license, retain, or carry a firearm. Clinicians should be familiar with the specific firearm statutes of their own states, which describe the disqualifying mental health/substance abuse history and the role and responsibility of the psychiatrist in the process. State statutes vary widely in terms of the definitions of, and reporting requirements relating to, prohibited persons with mental illness or substance abuse. States also vary in the duration of the prohibition and in the timing of the appeals process. Some of the statutes have specific provisions for the removal of a firearm when a prohibited person is identified. States may maintain a mental health database that is used to determine firearm eligibility and may forward information to the National Instant Criminal Background Check System. The National Instant Criminal Background Check System Improvement Amendments Act of 2007 will likely increase the number of persons identified as belonging to the prohibited class.

Copyright 2010, Taylor & Francis

Pridemore WA; Snowden AJ. Reduction in suicide mortality following a new national alcohol policy in Slovenia: An interrupted time-series analysis. American Journal of Public Health 99(5): 915-920, 2009. (42 refs.)

Objectives. We assessed the impact on suicide mortality of a new national policy in Slovenia that limits the availability of alcohol. Methods. We obtained monthly total, male, and female suicide counts in Slovenia between January 1997 and December 2005 and then employed autoregressive integrated moving average (ARIMA) techniques to model the effect of the alcohol policy (implemented in March 2003). Results. There was a significant decrease in the total number of monthly suicides following the policy's implementation. Subsequent analyses revealed this association to be caused solely by the impact on male suicides. Specifically, there was an immediate and permanent reduction of 3.6 male suicides per month (95% confidence interval = -0.4,-6.9), or approximately 10% of the preintervention average. The policy had no statistically significant effect on female suicides. Conclusions. Our results show the effectiveness of this specific policy in reducing male suicides in Slovenia and also hint at the potential of public policy in reducing the public health burden of alcohol-related harm more generally.

Copyright 2009, American Public Health Association

Rammohan V; Hahn RA; Elder R; Brewer R; Fielding J; Naimi TS; Toomey TL et al. Effects of dram shop liability and enhanced overservice law enforcement: Initiatives on excessive alcohol consumption and related harms. Two community guide systematic reviews. American Journal of Preventive Medicine 41(3): 334-343, 2011. (38 refs.)

Context: Dram shop liability holds the owner or server(s) at a bar, restaurant, or other location where a patron, adult or underage, consumed his or her last alcoholic beverage responsible for harms subsequently inflicted by the patron on others. Liability in a state can be established by case law or statute. Overservice laws prohibit the sale of alcoholic beverages to intoxicated patrons drinking in on-premises retail alcohol outlets (i.e., premises where the alcohol is consumed where purchased); enhanced enforcement of these laws is intended to ensure compliance by premises personnel. Both of these interventions are ultimately designed to promote responsible beverage service by reducing sales to intoxicated patrons, underage youth, or both. This review assesses the effectiveness of dram shop liability and the enhanced enforcement of overservice laws for preventing excessive alcohol consumption and related harms. Evidence acquisition: Studies assessing alcohol-related harms in states adopting dram shop laws were evaluated, as were studies assessing alcohol-related harms in regions with enhanced overservice enforcement. Methods previously developed for systematic reviews for the Guide to Community Preventive Services were used. Evidence synthesis: Eleven studies assessed the association of state dram shop liability with various outcomes, including all-cause motor vehicle crash deaths, alcohol-related motor vehicle crash deaths (the most common outcome assessed in the studies reviewed), alcohol consumption, and other alcohol-related harms. There was a median reduction of 6.4% (range of values 3.7% to 11.3% reduction) in alcohol-related motor vehicle fatalities associated with the presence of dram shop liability in jurisdictions where premises are licensed. Other alcohol-related outcomes also showed a reduction. Only two studies assessed the effects of enhanced enforcement initiatives on alcohol-related outcomes; findings were inconsistent, some indicating benefit and others none. Conclusions: According to Community Guide rules of evidence, the number and consistency of findings indicate strong evidence of the effectiveness of dram shop laws in reducing alcohol-related harms. It will be important to assess the possible effects of legal modifications to dram shop proceedings, such as the imposition of statutes of limitation, increased evidentiary requirements, and caps on recoverable amounts. According to Community Guide rules of evidence, evidence is insufficient to determine the effectiveness of enhanced enforcement of overservice laws for preventing excessive alcohol consumption and related harms.

Copyright 2011, Elsevier Science

Rasul JW; Rommel RG; Jacquez GM; Fitzpatrick BG; Ackleh AS; Simonsen N et al. Heavy episodic drinking on college campuses: Does changing the legal drinking age make a difference? Journal of Studies on Alcohol and Drugs 72(1): 15-23, 2011. (20 refs.)

Objective: This article extends the compartmental model previously developed by Scribner et al. in the context of college drinking to a mathematical model of the consequences of lowering the legal drinking age. Method: Using data available from 32 U.S. campuses, the analyses separate underage and legal age drinking groups into an eight-compartment model with different alcohol availability (wetness) for the underage and legal age groups. The model evaluates the likelihood that underage students will incorrectly perceive normative drinking levels to be higher than they actually are (i.e., misperception) and adjust their drinking accordingly by varying the interaction between underage students in social and heavy episodic drinking compartments. Results: The results evaluate the total heavy episodic drinker population and its dependence on the difference in misperception, as well as its dependence on underage wetness, legal age wetness, and drinking age. Conclusions: Results suggest that an unrealistically extreme combination of high wetness and low enforcement would be needed for the policies related to lowering the drinking age to be effective.

Copyright 2011, Alcohol Research Documentation

Reese JR. A Post-Granholm analysis of Iowa's regulatory framework for wine distribution. Iowa Law Review 94(February): 665-690, 2009. (157 refs.)

Wine-distribution laws across the country have been in considerable flux since the Supreme Court's 2005 decision in Granholm v. Heald, which struck down New York and Michigan laws regulating the direct shipment of wine to consumers as impermissible burdens on interstate commerce. Two Iowa statutes are potential litigation targets in light of Granholm: Iowa's reciprocal-shipping statute, which regulates the direct shipment of out-of-state wine to Iowa consumers, and Iowa's native-wine statute, which provides exclusive privileges for Iowa native-wine manufacturers. This Note concludes that certain provisions of both statutes are likely unconstitutional under a Granholm analysis and recommends that Iowa adopt a direct-shipment permit system to regulate the direct shipment of wine to consumers.

Copyright 2009, The University of Iowa

Rieckmann T; Bergmann L; Rasplica C. Legislating clinical practice: Counselor responses to an evidence-based practice mandate. Journal of Psychoactive Drugs 2011(7): 27-39, 2011. (66 refs.)

The demand to connect research findings with clinical practice for patients with substance use disorders has accelerated state and federal efforts focused on implementation of evidence-based practices (EBPs). One unique state driven strategy is Oregon's Evidence-Based Practice mandate, which ties state funds to specific treatment practices. Clinicians play an essential role in implementation of shifts in practice patterns and use of EBPs, but little is understood about how legislative efforts impact clinicians' sentiments and decision-making. This study presents longitudinal data from focus groups and interviews completed during the planning phase (n = 66) and early implementation of the mandate (n = 73) to investigate provider attitudes toward this policy change. Results reflect three emergent themes: (1) concern about retaining individualized treatment and clinical latitude, (2) distrust of government involvement in clinical care, and (3) the need for accountability and credibility for the field. We conclude with recommendations for state agencies considering EBP mandates.

Copyright 2011, Haight-Asbury Publishing

Romano E; Voas RB. Drug and alcohol involvement in four types of fatal crashes. Journal of Studies on Alcohol and Drugs 72(4): 567-576, 2011. (22 refs.)

Objective: The aim of this study was to explore the relationship of drunk and drugged driving to the occurrence of fatal crashes associated with speeding, failure to obey/yield, inattention, and seat belt nonuse. Method: We examined data for fatally injured drivers involved in single-vehicle crashes killed in states in which more than 79% of the drivers were tested for drugs other than alcohol and had a known result. Results: About 25% of the drivers tested positive for drugs, a figure almost double that estimated by the 2007 National Roadside Survey. Cannabinoids and stimulants each contributed to about 23% of the drug-positive results (6% among all fatally injured single-vehicle drivers). Stimulants more than cannabinoids were found to be associated with the four types of crashes under study. Some drugs showed a protective effect over the four crash types under study. Significant interactions between drugs and alcohol were observed. Stimulants contributed to the different types of fatal crashes irrespective of the levels of alcohol consumed by the drivers. Conclusions: This study provides further evidence of a link between drug consumption and fatal crashes. It also opens the door to some interesting and sometimes unexpected questions regarding the way drugs contribute to crashes, which we found varies depending on the type of crash considered, the class of drug, and the presence of alcohol. Research is also needed on drugs that could have a protective effect on the occurrence of fatal crashes. These findings could be highly relevant to the design of drug-related traffic laws and programs targeted at curbing drugged driving.

Copyright 2011, Alcohol Research Documentation

Room R. The long reaction against the wowser: The prehistory of alcohol deregulation in Australia. Health Sociology Review 19(2): 151-163, 2010. (36 refs.)

The cultural and historical background of the substantial deregulation of alcohol sales in Australia in the last quarter century is described and discussed. Drinking and intoxication was contested ground in Australian history, stereotypically split between the heavy-drinking male world of primary industries and the more feminine world of the suburb. In the temperance era of the late 19th and early 20th century, restrictions on alcohol sales gained ground, epitomised by six o'clock closing adopted during World War I. Alcohol's cultural position shifted after World War II: alcohol problems were redefined in terms of alcoholism, a personal failing, and a cultural-political movement led by the Sydney Bulletin led a successful cultural-political movement to caricature and derogate 'wowsers'. Meanwhile, the alcohol industry moved to identify itself with high-valued features of Australian life. By the 1960s, a dynamic of relaxation of alcohol controls had started, starting with repeal of six o'clock closing and continuing to the present day.

Copyright 2010, Econtent Management

Rote S; Quadagno J. Depression and alcohol dependence among poor women: Before and after welfare reform. Social Service Review 85(2): 229-245, 2011. (44 refs.)

Many studies examine the effect of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) on employment trends, financial security, and family structure, but few consider its implications for mental health issues. Yet mental health is central to a key objective of welfare reform: increasing work effort and self-sufficiency. This study uses data from the 1995 and 2006 waves of the National Survey of Drug Use and Health to relate trends in welfare recipients' mental health to welfare reform. Results suggest that, before PRWORA, welfare recipients did not differ from other poor women in depressive or alcohol dependence symptoms. Ten years after reform, welfare recipients experience more depressive symptoms than other poor women. This suggests that welfare reform left unusually symptomatic women on the rolls. The findings also suggest that mental health services are critical if welfare recipients are to succeed in making the transition from welfare to work.

Copyright 2011, University of Chicago Press

Rothstein MA. The Hippocratic Bargain and Health Information Technology. Journal of Law, Medicine & Ethics 38(1): 7-13, 2010. (21 refs.)

The shift to longitudinal, comprehensive electronic health records (EHRs) means that any health care provider (e.g., dentist, pharmacist, physical therapist) or third-party user of the EHR (e.g., employer, life insurer) will be able to access much health information of questionable clinical utility and possibly of great sensitivity. Genetic test results, reproductive health, mental health, substance abuse, and domestic violence are examples of sensitive information that many patients would not want routinely available. The likely policy response is to give patients the ability to segment information in their EHRs and to sequester certain types of sensitive information, thereby limiting routine access to the totality of a patient's health record. This article explores the likely effect on the physician-patient relationship of patient-directed sequestration of sensitive health information, including the ethical and legal consequences.

Copyright 2010, Wiley-Blackwell

Roy K; Miller M. Parity and the medicalization of addiction treatment. Journal of Psychoactive Drugs 42(2): 115-120, 2010. (0 refs.)

Parity, the idea that insurance coverage for the treatment of addiction should be on a par with insurance coverage for the treatment of other medical illnesses, is not a new idea, but the path to achieving "real parity" has been a long, hard and complex journey. Action by Congress to pass major parity legislation in 2008 was a huge step forward, but does not mean that parity has been achieved. Parity has required a paradigm shift in the understanding of addiction as a biological illness: many developments of science and policy changes by professional organizations and governmental entities have contributed to that paradigm shift. Access to adequate treatment for patients must acknowledge the paradigm shift reflected in parity as it has evolved to the current point: that this biological illness is widespread, that it is important that it be treated effectively, that appropriate third party payment for physician-provided or physician-supervised addiction treatment is critical for addiction medicine to become a part of the mainstream of our nation's healthcare delivery system, and that medical specialty care provides the most effective and cost effective benefit to patients and therefore to our society.

Copyright 2010, Haight-Ashbury

Saltz RF; Paschall MJ; McGaffigan RP; Nygaard PMO. Alcohol risk management in college settings the Safer California Universities randomized trial. American Journal of Preventive Medicine 39(6): 491-499, 2010. (20 refs.)

Context: Potentially effective environmental strategies have been recommended to reduce heavy alcohol use among college students. However, studies to date on environmental prevention strategies are few in number and have been limited by their nonexperimental designs, inadequate sample sizes, and lack of attention to settings where the majority of heavy drinking events occur. Purpose: To determine whether environmental prevention strategies targeting off-campus settings would reduce the likelihood and incidence of student intoxication at those settings. Design: The Safer California Universities study involved 14 large public universities, half of which were assigned randomly to the Safer intervention condition after baseline data collection in 2003. Environmental interventions took place in 2005 and 2006 after 1 year of planning with seven Safer intervention universities. Random cross-sectional samples of undergraduates completed online surveys in four consecutive fall semesters (2003-2006). Setting/participants: Campuses and communities surrounding eight campuses of the University of California and six in the California State University system were utilized. The study used random samples of undergraduates (similar to 500-1000 per campus per year) attending the 14 public California universities. Intervention: Safer environmental interventions included nuisance party enforcement operations, minor decoy operations, driving-under-the-influence checkpoints, social host ordinances, and use of campus and local media to increase the visibility of environmental strategies. Main outcome measures: Proportion of drinking occasions in which students drank to intoxication at six different settings during the fall semester (residence hall party, campus event, fraternity or sorority party, party at off-campus apartment or house, bar/restaurant, outdoor setting), any intoxication at each setting during the semester, and whether students drank to intoxication the last time they went to each setting. Results: Significant reductions in the incidence and likelihood of intoxication at off-campus parties and bars/restaurants were observed for Safer intervention universities compared to controls. A lower likelihood of intoxication was observed also for Safer intervention universities the last time students drank at an off-campus party (OR=0.81, 95% CI=0.68, 0.97); a bar or restaurant (OR=0.76, 95% CI=0.62, 0.94); or any setting (OR=0.80, 95% CI=0.65, 0.97). No increase in intoxication (e. g., displacement) appeared in other settings. Further, stronger intervention effects were achieved at Safer universities with the highest level of implementation. Conclusions: Environmental prevention strategies targeting settings where the majority of heavy drinking events occur appear to be effective in reducing the incidence and likelihood of intoxication among college students.

Copyright 2010, Elsevier Science

Saltz RF; Welker LR; Paschall MJ; Feeney MA; Fabiano PM. Evaluating a comprehensive campus-community prevention intervention to reduce alcohol-related problems in a college population. Journal of Studies on Alcohol and Drugs Supplement 16: 21-27, 2009. (17 refs.)

Objective: This article evaluates Western Washington University's Neighborhoods Engaging with Students project-a comprehensive strategy to decrease disruptive off-campus parties by increasing student integration into and accountability to the neighborhoods in which they live. The intervention includes increasing the number of and publicity regarding "party emphasis patrols" and collaboration with the city to develop a regulatory mechanism to reduce repeat problematic party calls to the same address. The enforcement components are complemented by campus-based late-night expansion programming, as well as neighborhood engagement strategies including an educational Web site designed to increase students' knowledge of and skills in living safely and legally in the community, service-learning projects in the campus-contiguous neighborhoods, and a neighborhood-based conflict-resolution program. Method: The evaluation comprised data from three public universities in Washington. In addition to the Western Washington University site, a second campus created an opportunity for a "natural experiment" because it adopted a very similar intervention in the same tune frame. creating two intervention sites and one comparison site. Annual, Web-based student surveys in 2005 and 2006 included measures of alcohol consumption, alcohol-related problems, and student perception of alcohol control and prevention activities. Results: Although statistical power with three campuses was limited, results using hierarchical linear modeling showed that the prevalence of heavy episodic drinking was significantly lower at the intervention schools (odds ratio = 0.73; N = 6,150 students). Conclusions: The results Suggest that alcohol control measures can be effective in reducing problematic drinking in college settings. These findings strongly support Conducting a replication with greater power and a more rigorous design.

Copyright 2009, Alcohol Research Documentation Center

Shern DL; Beronio KK; Harbin HT. After parity: What's next. Health Affairs 28(3): 660-662, 2009. (5 refs.)

A new law prohibiting unequal treatment limits and financial requirements for mental health and substance abuse (MH/SA) benefits establishes critical protections for 113 million Americans. The new parity law doesn't mandate coverage for MH/SA treatment and anticipates management of the benefit. Given these features, clear regulations mapping the intent of the law are critical. Education regarding the costs of untreated or ineffectively treated MH/SA conditions is needed to encourage comprehensive coverage, because academic performance and worker productivity are at stake. As health care reform proceeds, we must use the new law to reinforce the centrality of mental health to overall health.

Copyright 2009, Project Hope

Simons-Morton B; Pickett W; Boyce W; ter Bogt TFM; Vollebergh W. Cross-national comparison of adolescent drinking and cannabis use in the United States, Canada, and the Netherlands. International Journal of Drug Policy 21(1): 64-69, 2010. (41 refs.)

Background: This research examined the prevalence of drinking and cannabis use among adolescents in the United States, Canada, and the Netherlands, countries with substantially different laws and policies relating to these substances. Methods: Laws regarding drinking and cannabis use were rated for each country. Substance use prevalence data among 10th graders from the Health Behaviour in School-Aged Children Survey conducted in each country in 2005-2006 were examined. Results: Laws regarding alcohol and cannabis were found to be strictest in the United States, somewhat less strict in Canada, and least strict in the Netherlands. On most measures of drinking, rates were lower in the United States than in Canada or the Netherlands. With United States as the referent, relative risks (RR) for monthly drinking were 1.30 (1.11-1.53) for Canadian boys and 1.55 (1.31-1.83) for girls, and 2.0 (1.73-2.31) for Dutch boys and 1.92 (1.62-2.27) for Dutch girls. Drunkenness was also higher among Canadian boys and girls and Dutch boys. However, rates of cannabis use did not differ between the countries, except that Dutch girls were less likely to use cannabis in the past year (RR = .67; .46-96). Conclusions: The lower prevalence of adolescent drinking and drunkenness (except among Dutch girls) in the United States is consistent with the contention that strict drinking policies may limit drinking among 10th graders. However, the finding that cannabis use rates did not differ across countries is not consistent with the contention that prohibition-oriented policies deter use or that liberal cannabis policies are associated with elevated adolescent use. Based on these findings, the case for strict laws and policies is considerably weaker for cannabis than for alcohol.

Copyright 2010, Elsevier Science

Sleet DA; Howat P; Maycock B; Baldwin G; Shults. Interventions to reduce imparied driving and traffic injury. IN: Verster JC; Pandi-Perumal SR; Ramaekers JG; de Geir JJ, eds. Drugs, Driving and Traffic Safety. Basel Switzerland: Birkhauser Verlag, 2009. pp. 439-456

This review characterizes the effectiveness of various interventions to prevent impaired driving and reduce traffic injury and death. Interventions are considered within the ecological/health promotion framework, and include: 1) economic interventions; 2) organization interventions; 3) policy interventions, and 4) health education interventions including the use of media, school and community education and public awareness programs. Alcohol or drug-impaired driving arises from complex and multiple interrelated causes. Therefore prevention efforts will benefit from approaches that rely on a combination of interventions, including educational, behavioral, environmental, and policy approaches. Effective approaches strengthen the skills and capabilities of individuals to take action and the capacity of groups or communities to collectively exert control over the determinants of impaired driving. There is strong evidence for the effectiveness of some interventions, including economic and retailer interventions, alcohol taxation, reducing alcohol availability, legal and legislative strategies, and strategies addressing the servers of alcohol, such as server liability and server intervention. There is also evidence for the effectiveness of sobriety checkpoints, lower BAC laws, minimum legal drinking age laws, and supportive media promotion programs. Other interventions with moderate evidence of effectiveness include restricting alcohol advertising and promotion, community mobilization efforts and ignition interlock devices in vehicles of convicted drink-drive offenders. Health education by itself has insufficient evidence for effectiveness, as is also the case with passive server training programs, school drug and alcohol education programs, and health and safety warnings. Taken together, educational, behavioral, environmental and policy approaches to reducing impaired driving using all four components of the ecological/health promotion model are likely to be the most effective

Copyright 2011, Project Cork

Smaldone A; Cullen-Drill M. Mental health parity legislation understanding the pros and cons. Journal of Psychosocial Nursing and Mental Health Services 48(9): 26-34, 2010. (21 refs.)

Although recognition and treatment of mental health disorders have become integrated into routine medical care, inequities remain regarding limits on mental health outpatient visits and higher copayments and deductibles required for mental health services when accessed. Two federal laws were passed by Congress in 2008: The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act and the Medicare Improvements for Patients and Providers Act. Both laws became effective on January 1, 2010. The purpose of this article is to discuss provisions of each act and provide clinical examples describing how patients are affected by lack of parity and may potentially benefit from implementation of these new laws. Using available evidence, we examine the potential strengths and limitations of mental health parity legislation from the health policy perspectives of health care access, cost, and quality and identify the important role of nurses as patient and mental health parity advocates.

Copyright 2010, Slack

Smith DE; Lee DR; Davidson LD. Health care equality and parity for treatment of addictive disease. Journal of Psychoactive Drugs 42(2): 121-126, 2010. (32 refs.)

Substance abuse represents a significant underlying cause of the health issues faced in the United States, which severely impacts the nation's health care system and economy. Recently enacted parity legislation mandates that benefits for addiction and mental health treatment be provided on an equal footing with those for treatment for physical health. Diversion and abuse of prescription medications is growing in young people, with much of the diversion occurring between family and friends. Addiction has been accepted by mainstream medicine as a brain disease, and is associated with many other medical disorders. Early intervention and treatment for addiction provides extraordinary cost-benefit outcomes. Additional training for addiction professionals will be necessary. Stigmatization of substance abusers continues to exist at the state and federal levels, although research during the past 10 years indicates that patient compliance and relapse rates for substance abusers are not significantly different than those for individuals with other chronic diseases, e.g. diabetes, hypertension, and cardiac issues. While parity for addiction treatment has become policy at the federal level, great challenges lie ahead in funding access, facilities, and training, as well as redirecting societal perceptions and legislated penalties.

Copyright 2010, Haight-Ashbury

Smith RC; Geller ES. Marketing and alcohol-related traffic fatalities: Impact of alcohol advertising targeting minors. Journal of Safety Research 40(5): 359-364, 2009. (35 refs.)

Problem: Alcohol-related youth traffic fatalities continue as a major public-health concern. While state and federal laws can be useful in tackling this problem, the efficacy of many laws has not been empirically demonstrated. We examined the impact of state laws prohibiting alcohol advertising to target minors. Method: Using statistics obtained from the Fatality Analysis Reporting System (FARS), youth alcohol-related, single-vehicle, driver traffic fatalities were compared by state as a function of whether the state has a law prohibiting alcohol advertising that targets minors. Results: Overall, states possessing this law experienced 32.9% fewer of the above specified traffic fatalities. Discussion and Impact on Industry: The results suggest that not only are youth drinking rates affected by alcohol advertisements targeting youth, but also drink-driving behaviors. Indeed, we estimate that if this type of legislation were adopted in the 26 states that do not prohibit targeting of minors with alcohol advertising, then 400 youth lives could be saved annually.

Copyright 2009, National Safety Council

Stone-Manista K. Protecting pregnant women: A guide to successfully challenging criminal child abuse prosecutions of pregnant drug addicts. Journal of Criminal Law and Criminology 99(3): 823-856, 2009. (19 refs.)

This Comment is intended to enable advocates for pregnant women to challenge the impermissible and unconstitutional prosecutions of pregnant drug users for criminal child abuse and endangerment. The Comment surveys the history of such prosecutions, and considers the policy justifications for them, before turning to an analysis of the frameworks that state appellate and supreme courts have applied in holding that these prosecutions may not proceed under various state laws. In summarizing the various challenges that may be brought to criminal prosecutions of pregnant drug addicts, this Comment illuminates the strategies that have been successful in previous cases, and offers various notes for those challenging future prosecutions.

Copyright 2009, Northwestern University

Sugarman S. No more business as usual: Enticing companies to sharply lower the public health costs of the products they sell. Public Health 123(3): 275-279, 2009. (22 refs.)

Cigarettes, alcohol, junk food and motor vehicles cause a staggeringly high level of death, injury and disease. Business leaders from the industries that make these products currently try to frame these negative outcomes as 'collateral damage' that is someone else's problem. That framing is not only morally objectionable, but also overlooks the possibility that, with proper prodding, industry could substantially mitigate these public health disasters. A promising regulatory tool called 'performance-based regulation' is a new approach to combating the problem. Simply put, performance-based regulation would impose a legal obligation on manufacturers to reduce their negative social costs. Rather than suing the firms for damages, or telling them how they should run their businesses differently (as typical 'command and control' regimes do), performance-based regulation allows the firms to determine how best to decrease today's negative public health consequences. Like other public health strategies, performance-based regulation shifts the focus away from individual consumers on to those who are far more likely to achieve real public health gains. Analogous to a tax on causing harm that exceeds a threshold level, performance-based regulation seeks to harness private initiative in pursuit of the public good.

Copyright 2009, The Royal Society or Public Health

van Hoof JJ; Moll M; Constantinescu M. Selling alcohol to underage adolescents in Romania: Compliance with age restrictions in Pitesti. Revista de Cercetare Si Interventie Sociala 27: 82-91, 2009. (37 refs.)

Aim. To explore the compliance rates of alcohol sales to underage youth (under 18 years old) in Pitesti, Romania. Method. To investigate compliance rates the method of mystery shopping was conducted. Four underage students (two boys and two girls) visited 58 alcohol sales points in October 2008. The visited alcohol sales points were all located in the six neighbourhoods surrounding the city centre of Pitesti and the city centre itself The 58 sales points consisted of 8 bars and 50 big and small supermarkets. Results. All 50 supermarket purchase attempts were successful; the compliance rate with the law is therefore is 0%. Only once a cashier asked the underage mystery shopper for their age, but after lying, according to the script (I'm 18 years old), alcohol was sold nonetheless. No differences in successful purchases between boys and girls exist. Also, all eight bar purchase attempts were successful; compliance rate in this sector also turns out to be 0%. Notable fact is that four visited sales points were located near a high school. Conclusion. Alcohol sales to underage youth turns out to be a major point of concern. Alcohol sales personnel does not comply with age restrictions and therefore intervention by local licensing and control bodies is needed.

Copyright 2009, Editura Lumen

Voas RB; Tippetts SS; Fisher D; Grosz M. Requiring suspended drunk drivers to install alcohol interlocks to reinstate their licenses: Effective? Addiction 105(8): 1422-1428, 2010. (11 refs.)

Aims: To evaluate a new method being used by some states for motivating interlock installation by requiring it as a prerequisite to reinstatement of the driver's license. Design: The driving records of Florida DWI offenders convicted between July 2002 and June 2008 were analyzed to determine the proportion of offenders subject to the interlock requirement who installed interlocks. Setting: Most driving-while-impaired (DWI) offenders succeed in avoiding state laws requiring the installation of a vehicle alcohol interlock. Participants: A total of 82,318 Florida DWI offenders. Findings: Due to long periods of complete suspension when no driving was permitted and the failure to complete all the requirements imposed by the court, only 21,377 of the 82,318 offenders studied qualified for reinstatement, but 93% of those who qualified did install interlocks to be reinstated. Conclusions: Because of the lengthy license suspensions and other barriers that the offenders face in qualifying for reinstatement, it is not clear that requiring a period on the interlock as a prerequisite to reinstating will greatly increase the current installment rate.

Copyright 2010, Society for the Study of Addiction

Wagenaar AC; Tobler AL; Komro KA. Effects of alcohol tax and price policies on morbidity and mortality: A systematic review. American Journal of Public Health 100(11): 2270-2278, 2010. (70 refs.)

Objectives. We systematically reviewed the effects of alcohol taxes and prices on alcohol-related morbidity and mortality to assess their public health impact. Methods. We searched 12 databases, along with articles' reference lists, for studies providing estimates of the relationship between alcohol taxes and prices and measures of risky behavior or morbidity and mortality, then coded for effect sizes and numerous population and study characteristics. We combined independent estimates in random-effects models to obtain aggregate effect estimates. Results. We identified 50 articles, containing 340 estimates. Meta-estimates were r=-0.347 for alcohol-related disease and injury outcomes, -0.022 for violence, -0.048 for suicide, -0.112 for traffic crash outcomes, -0.055 for sexually transmitted diseases, -0.022 for other drug use, and -0.014 for crime and other misbehavior measures. All except suicide were statistically significant. Conclusions. Public policies affecting the price of alcoholic beverages have significant effects on alcohol-related disease and injury rates. Our results suggest that doubling the alcohol tax would reduce alcohol-related mortality by an average of 35%, traffic crash deaths by 11%, sexually transmitted disease by 6%, violence by 2%, and crime by 1.4%.

Copyright 2010, American Public Health Association

Waldman HB; Perlman SP; Rader R. Analysis of the Uniform Accident and Sickness Policy Provision Law: Lessons for social work practice, policy, and research. Social Work in Health Care 49(7): 618-629, 2010. (35 refs.)

The Uniform Accident and Sickness Policy Provision Law (UPPL) is a state statute that allows insurance companies in 26 states to deny claims for accidents and injuries incurred by persons under the influence of drugs or alcohol. Serious repercussions can result for patients and health care professionals as states enforce this law. To examine differences within the laws that might facilitate amendments or reduce insurance companies' ability to deny claims, a content analysis was carried out of each state's UPPL law. Results showed no meaningful differences between each state's laws. These results indicate patients and health professionals share similar risk related to the UPPL regardless of state.

Copyright 2010, Taylor & Francis

Wetzler S; Schwartz B; Swanson A; Cahill R. Substance use disorders and employability among welfare recipients. Substance Use & Misuse 45(13): 2095-2112, 2010. (41 refs.)

The 2006 welfare reform legislation (Deficit Reduction Act of 2005) imposed more stringent work requirements and defined the amount of time cash assistance recipients are allowed to be exempted from the work requirement because of substance use treatment. As there is little empirical literature on the employability of substance users, it is difficult to know whether it is realistic to expect individuals with substance use disorders to meet the increased work requirement. Based on a comprehensive evaluation of nearly 9,000 substance-misusing welfare recipients from 2001 to 2007, University Behavioral Associates (UBA) Comprehensive Services Model program in Bronx, New York, found that 60% of recipients were not exempted from the work requirement owing to substance misuse at the outset, and an additional 24% were found nonexempt after 3 months of intensive outpatient treatment coupled with case management, resulting in a total of 84% of the UBA clients not being exempted from the work requirement because of substance misuse by Day 90. UBA also found that 25% of substance-misusing clients were able to obtain employment, and most successfully retained those jobs over the course of 6 months. These findings are discussed in relation to the new law's work requirements and the issue of the employability of substance misusers. Finally, the value of case management in serving this hard-to-engage population is discussed.

Copyright 2010, Taylor & Francis

Wu F; Hser YI. Workforce professionalism in drug treatment services: Impact of California's Proposition 36. Journal of Substance Abuse Treatment 40(1): 44-55, 2011. (61 refs.)

This article investigates whether California's Proposition 36 has promoted the workforce professionalism of drug treatment services during its first 5 years of implementation. Program surveys inquiring about organizational information, Proposition 36 implementation, and staffing were conducted in 2003 and 2005 among all treatment providers serving Proposition 36 clients in five selected California counties (San Diego, Riverside, Kern, Sacramento, and San Francisco). A I-hour self-administered questionnaire was completed by 118 treatment providers representing 102 programs. This article examines five topics that are relevant to drug treatment workforce professionalism: resources and capability, standardized intake assessment and outcome evaluation, staff qualification, program accreditation, and information technology. Results suggest that Proposition 36 had a positive influence on the drug treatment workforce's professionalism. Improvements have been observed in program resources, client intake assessment and outcome evaluation databases, staff professionalization, program accreditation, and information technology system. However, some areas remain problematic, including, for example, the consistent lack of adequate resources serving women with children.

Copyright 2011, Elsevier Science

Zador PL; Howard JM; Rauch WJ; Ahlin EM; Duncan GD. Latency periods between alcohol-related traffic violations: Implications for recidivism. Traffic Injury Prevention 12(4): 297-305, 2011. (38 refs.)

Objective: Before October 1, 2002, Maryland's regulations for relicensing drivers with 2 recorded alcohol-related traffic violations distinguished between offenders with 5 or more years between their first and second violations and those with less than 5 years. Our research examined whether this policy was supported by differential probabilities of recidivism and violation-free survival. Methods: We compared recidivism rates and survival probabilities among the 2 latency subgroups and 2 control groups (first offenders and drivers with no previous alcohol-related traffic violation). Data were extracted from Maryland's driver record database and segregated files and analyzed by age quintiles using Cox proportional hazards models containing identifiers for risk factors, including prior violations. All drivers (N = 64,536) were matched on age quintile. gender, and month of offenders' index violations. Effects of violation histories on survival and recidivism probabilities were measured by contrasts of regression coefficients. Results: Among second offenders, the shorter latency subgroup consistently had higher recidivism and lower violation-free survival than the longer latency subgroup, whose rates fell between those of first offenders and the shorter latency subgroup. Although highly significant, the subgroup differences were small and paled by comparison to differences between first and zero offenders in probability of a subsequent violation. Conclusions: An earlier study that showed similar overall recidivism for these latency subgroups helped encourage Maryland to change its regulations governing license reinstatement. New regulations issued October 1, 2002, focused on 2 alcohol violations "during any period of time" where investigation indicated alcoholism or unaddressed alcohol problems. To obtain relicensure, these offenders could be required to enter or complete a lengthy certified alcohol treatment program. Our current results are consistent with these requirements. License reinstatement should be primarily guided by the extent of alcohol impairment, especially because both latency subgroups showed higher risks of recidivism than first offenders, who themselves had comparatively high risk.

Copyright 2011, Taylor & Francis