By Robert M. Hardaway
Hardaway argues the criminalization of victimless crimes violates the 9th modification to the U.S. structure and creates huge, immense public coverage difficulties within the society. He contends that the 9th modification adjudication version and the options of self-determination and the damage precept are the criteria to which privateness matters can be litigated.
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Extra info for No Price Too High: Victimless Crimes and the Ninth Amendment
48. Trebach, supra note 46, p. 105. 49. Thies and Register, supra note 46, p. 254. 50. Trebach, supra note 46, p. 305–306. 36 No Price Too High 51. 52. 53. 54. 55. 56. 57. Id. Ostrowski, supra note 6, p. 3. Id. Thies and Register, supra note 46, p. 389. Id. Id. Walter Block, Drug Prohibition: A Legal and Economic Analysis, Journal of Business Ethics, Vol. 12, 1993, p. 696. 58. , p. 697. 59. , p. 696. 60. Wisotsky, supra note 16, p. 1325. 61. A price of $80 is cited in Wisotsky, supra note 16. 62.
This author, however, as a professor of constitutional law, contends that if a government has the power to ban a product absolutely, it has the lesser included power to ban it partially by restrictions on advertising and promotion. 40 No Price Too High 167. This phrase suggested by Rychlak, supra note 148, p. 22. 168. John Scarne, Scarne’s New Complete Guide to Gambling (Simon & Schuster, 1986), p. 175, cited in Id. p. 81. 169. John Scarne and Clayton Rawson, Scarne on Dice (Military Service Publishing, 1945), pp.
Powell and Hershenov, supra note 28, p. 568. 94. Brecher supra note 37, p. 277. 95. Barnett, supra note 27, p. 2600. 96. Miller, supra note 37, p. 133. 97. Nadelmann, supra note 47, p. 45. 98. Id. 99. , p. 46. 100. Brecher, supra note 37, p. 231. 101. See Bruce Alexander, Robert Coambs, and Patricia Hardaway, The Effect of Housing and Gender on Morphine Self-Administration in Rats, Psychopharmacology, Vol. 58, 1978, pp. 175–178, cited in Miller, supra note 37, p. 4. 102. Jonas, supra note 14, p.