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Article • August 15, 2004 • from PLN August, 2004
New Jersey Civil Commitment Hearings Secret, Biased by Michael Rigby The growing trend of keeping sex of-fenders confined even after they have completed their prison sentences has taken a bizarre turn for the worse in New Jersey, where civil commitment proceedings are held in secretthe records sealedand sex offenders are …
Controversy and Lawsuits Surround South Texas Private Prison Deals by by Matthew T. Clarke Cotulla, a south Texas town known or the illegal drug-sting convictions of a quarter of its African-American citizens, now has a new claim to infamy -- private prison scams. Cotulla, population 3,000, is the county seat …
Article • July 15, 2004 • from PLN July, 2004
Oregon Trial in Prison Did Not Violate Constitution by Oregon Trial in Prison Did Not Violate Constitution In two opinions issued the same day, the Oregon Court of Appeals held that holding criminal trials of prisoners in a courtroom inside a prison did not violate the Oregon or United States …
Court Mail Is Legal Mail; Damages and Fees Upheld in Legal Mail Opening by Daniel E. Manville by Dan Manville The Sixth Circuit has held that mail from a court is entitled to First Amendment protection, which means that prison officials had to open legal mail in the presence of …
Article • December 15, 2003 • from PLN December, 2003
Secret Court Docket Practice Exposed by by David M. Reutter and Paul Wright One of the founding principles of the United States judiciary system is the right of access by the public and press. In their infinite wisdom, the authors of the Bill of Rights placed that principle within the …
Article • November 15, 2003 • from PLN November, 2003
Ninth Circuit Judge Investigated for Writing Condemned Prisoner by by Marvin Mentor California Attorney General Bill Lockyer called into question the impartiality of Ninth Circuit Judge Alex Kozinski as to death penalty cases after Kozinski and two other Ninth Circuit judges visited San Quentin State Prison in California, speaking with …
Article • October 15, 2003 • from PLN October, 2003
Thomas and Scalia Flunk History by Scott Christianson The unanimous decision of the United States Supreme Court in Overton v. Bazzetta, upholding Michigan's punitive restrictions on prisoners' visiting rights, showed again how antagonistic the Rehnquist Court is toward prisoners' rights compared to the Burger Court. But the Court's two most …
Article • April 15, 2003 • from PLN April, 2003
Filed under: Reviews, Court Access, Judiciary
Book Review: Law and the Rise of Capitalism by Peter Wagner by Michael E. Tigar & Madeleine R. Levy, New (2000) Edition by Michael E. Tigar, Monthly Review Press, 348 pages, $18.00 Review by Peter Wagner Famed litigator and scholar Michael Tigar has reissued his 1977 classic Law and the …
Acrimonious Michigan Prisoners' Rights Suit Settled After 15 Years by John E Dannenberg by John E. Dannenberg A class-action lawsuit launched by Michigan state prisoners in 1988 which ultimately cost taxpayers $7.5 million in litigation costs was settled on November 4, 2003, resulting in prisoners gaining appropriate classification and psychiatric …
Article • February 15, 2003 • from PLN February, 2003
South Carolina County Pays $276,660 for Illegal Wiretaps on Judges' Telephones by The U. S. Court of Appeals for the Fourth Circuit affirmed a federal district court's $276,660 damage award to South Carolina state court judges who alleged that Greenville County law enforcement officers ran unlawful wiretaps on their telephones …
Article • May 15, 2000 • from PLN May, 2000
Testing Testing: Sweat Patch Under Scrutiny by Lara A. Bazelon Sheryl Woodhall a California woman in her late 30s, first lost custody of her four children in 1995, when her youngest tested positive for methamphetamine at birth. The state's Child Protective Services intervened and sent her two older children to …
Article • April 15, 2000 • from PLN April, 2000
En Banc Ninth Circuit Upholds Jail Porn Ban by Paul Wright By Paul Wright In the February, 1999, issue of PLN we reported Mauro v. Arpaio, 147 F.3d 1137 (9th Cir. 1998) where a panel of the Ninth circuit appeals court held that a jail policy banning all sexually explicit …
Article • April 15, 2000 • from PLN April, 2000
Error in Electronic Docket Tolls Appeal Deadline by The court of appeals for the Eleventh circuit held that a lawyer's reliance on a district court's electronic docketing system to monitor a case's progress would toll the 30 day time limit in which to file a notice of appeal. As state …
Judicial Sentence of Life in Solitary Upheld by The court of appeals for the Second circuit affirmed a court imposed sentence of life imprisonment in solitary confinement and prohibiting all communication with anyone except the defendant's attorney and close family members after the district court had approved them. The appeals …
Article • February 15, 1999 • from PLN February, 1999
Samuels v. Mockry Reversed Once Again by The court of appeals for the second circuit held that an issue of fact as to whether prison officials acted with a retaliatory animus when they placed a prisoner in the "Limited Privileges Program" (LPP), precluded summary judgment for the defendants. This is …
Garnishment Proceeding Part of Underlying § 1983 Action by The court of appeals for the Seventh circuit held that proceedings to garnish the wages of civil rights defendants against whom judgment has been entered are part of the underlying civil rights actions and district courts retain jurisdiction to enforce the …
Article • April 15, 1998 • from PLN April, 1998
Filed under: Court Access, Judiciary
The Limits of the Law by Mumia Abu-Jamal Human law is law only by virtue of its accordance with right reason, and by this means it is clear that it flows from eternal law. In so far as it deviates from right reason it is called an unjust law; and …
Article • January 15, 1998 • from PLN January, 1998
Filed under: Court Access, Judiciary
Judge-Made Law by Mumia Abu-Jamal The plaintiff was urging a legal rule which you thought was wrong. I thought it was legally right, but very unjust, and I didn't want to apply it. So, I made up my mind to lick the plaintiff on the facts. And by giving him …
Article • September 15, 1997 • from PLN September, 1997
Filed under: Court Access, Judiciary
Vacant Judgeships Cripple Federal Judiciary by Dan Pens The administration of federal justice is being slowly strangled by politics. A political face-off between a republican-dominated U.S. senate judiciary committee and a spineless democratic president is choking the federal courts. There are 98 unfilled judgeships in federal courts nationwide out of …
Article • April 15, 1997 • from PLN April, 1997
Law's Nature by Mumia Abu-Jamal "Laws grind the poor, and rich men rule the law." Oliver Goldsmith, The Vicar of Wakefield (1766) For many jailhouse lawyers, especially those new to the craft, there is a sort of "awe" that governs their study, contemplation and utility of the law. Like new …
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