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 it ...
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 are ...
by Margo Schlanger and Giovanna Shay**
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 is a former ...
Correctional Law Reporter, Volume 17, No. 1: June/July 2005, at 1
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, ...
Margo Schlanger, Washington University School of Law
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 in Brown v. Board ...
97 Mich. L. Rev. 1994 (May 1999)
Cited: 71 Law & Contemp. Probs. 65
JAIL STRIP-SEARCH CASES: PATTERNS AND PARTICIPANTS
By Margo Schlanger*
II. JAIL STRIP-SEARCH LITIGATION: THE MIAMI CASE
III. JAIL STRIP-SEARCH LITIGATION MORE GENERALLY
A. Case Category Features
Among Marc Galanter's many important insights ...
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 facility litigation ...
by Margo Schlanger*
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 July ...