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Articles by Margo Schlanger

Trends in Prisoner Litigation, as the PLRA Enters Adulthood

Trends in Prisoner Litigation, as the PLRA Enters Adulthood

by Margo Schlanger*

The Prison Litigation Reform Act (PLRA),1 enacted in 1996 as part of the Newt Gingrich “Contract with America,”2 is now as old as some prisoners. In the year after the statute’s passage, some commenters labeled ...

Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act

by Margo Schlanger and Giovanna Shay**

Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to constitutional regulation of governmental treatment of even those who have broken society’s rules. And accordingly, many of our prisons and jails ...

National Prison Reform Commission Begins Work

Correctional Law Reporter, Volume 17, No. 1: June/July 2005, at 1
National Prison Reform Commission Begins Work

by Margo Schlanger

Editor’s Note: Margo Schlanger is Professor of Law, Washington University in St. Louis, and a member of the Commission on Safety and Abuse in America’s Prisons. She ...

Operationalizing Deterrence: Claims Management (In Hospitals, a Large Retailer, and Jails and Prisons)

Margo Schlanger, Washington University School of Law

Abstract

The theory that the prospect of liability for damages deters risky behavior has been developed in countless articles and books. The literature is far sparser, however, on how deterrence is operationalized. And prior work slights an equally important effect of damage actions ...

BEYOND THE HERO JUDGE: INSTITUTIONAL REFORM LITIGATION AS LITIGATION

97 Mich. L. Rev. 1994 (May 1999)

Margo Schlanger*

Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons. By Malcolm M. Feeley(1) and Edward L. Rubin.(2) New York: Cambridge University Press. 1998. Pp. xv, 490. $69.95.

In 1955, in its second decision ...

Jail Strip-Search Cases: Patterns and Participants

Cited: 71 Law & Contemp. Probs. 65
[*pg 65]
JAIL STRIP-SEARCH CASES: PATTERNS AND PARTICIPANTS

By Margo Schlanger*


I. INTRODUCTION

II. JAIL STRIP-SEARCH LITIGATION: THE MIAMI CASE

III. JAIL STRIP-SEARCH LITIGATION MORE GENERALLY
A. Case Category Features
B. Participants

IV. CONCLUSION

FOOTNOTES


I. INTRODUCTION

Among Marc Galanter's many important ...

The Political Economy of Prison and Jail Litigation

by Margo Schlanger*

This article explores the practical effects of the prisoner civil rights docket on conditions of incarceration for the 2.2 million people in American jails and prisons on any given day.1 The analysis takes on a great deal more importance than it ideally would because detention ...

National Prison Reform Commission Started

Chaired by former Attorney General Nicholas Katzenbach and former U.S. Circuit Judge John Gibbons, the Commission on Safety and Abuse in America's Prisons opened shop in March, 2005 and has held two of four scheduled public hearings -- the first in April in Tampa, Florida and the second in ...