Topic
Prison Law
Posts
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ArticleVol. 101 · Iss. 6
In the Shadows of Suffering
Reform. Abolish. Minimize. Criminal law scholars broadly understand that we need to do *something* about our penal system and the problem of mass incarceration.…
Daniel S. Harawa -
ArticleVol. 101 · Iss. 4
Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability
Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative…
Matthew B. Lawrence -
NoteVol. 101 · Iss. 2
Fruit of the Poisonous Tree: Potential Eighth Amendment Protections for Inmates Subject to Sexual Victimization in the Post-Dobbs World
For years, federal courts have recognized the sexual victimization of inmates as cruel and unusual punishment under the Eighth Amendment. But it is unclear…
Elena LeVan -
Online2023
Lessons Learned in Prison
One way that I have tried to stay fresh as a teacher through the decades is to periodically force myself outside of my teaching…
Daniel Keating -
NoteVol. 88 · Iss. 5
How the Professional Judgment Standard Could Undermine the Validity of Sexually Violent Predator Laws
The Article presents common features of the statutory schemes for the involuntary dedication of sexually violent predators in the U.S. in 2011. It examines…
David W. Nordsieck -
Online2021
Affirming Personhood: Extending Title VII Protections to Prisoners in State-Operated Prison Industries
Abstract This Note examines the application of Title VII protections to prisoners in the historical context of the Thirteenth Amendment. First, I outline the…
Jo Gbujama -
ArticleVol. 94 · Iss. 4
Prisoners and Pleading
Last year, prisoners filed nearly 27,000 civil rights actions in federal court. More than 92 percent of those actions were filed pro se. Pro…
Richard H. Frankel & Alistair E. Newbern -
NoteVol. 92 · Iss. 1
Inmates Who Cried Wolf: The Dangers of Applying the PLRA’s Limit on Appellate Attorney’s Fees in Prisoner Deprivation of Rights Claims
Beginning in the mid-1970s, the incarceration rate in the United States began to skyrocket, increasing rapidly during the “War on Drugs” in the 1980s…
Peter Shakro -
ArticleVol. 97 · Iss. 6
What Is a “Substantial Burden” on Religion Under RFRA and the First Amendment?
What is the meaning of a “substantial burden” on religion under the federal Religious Freedom Restoration Act (and its state-level equivalents)? This question is timelier than…
Gabrielle M. Girgis -
ArticleVol. 97 · Iss. 4
The Law of Emerging Adults
Law tends to divide people into two groups based on age: children and adults. The age of majority provides a bright line between two…
Clare Ryan -
CommentaryVol. 91 · Iss. 3
Misconstruing Graham & Miller
In the last three years, the Supreme Court has decreed a sea change in its juvenile Eighth Amendment jurisprudence. In particular, in Graham v.…
Cara H. Drinan -
NoteVol. 98 · Iss. 5
“Extraordinary and Compelling” Circumstances: Revisiting the Role of Compassionate Release in the Federal Criminal Justice System in the Wake of the First Step Act
This Note considers the constitutional implications and policy concerns arising from the updated compassionate release mechanism. Part I of this Note traces the statutory development of…
Siobhan O'Carroll