Bumps in the Road to the Courthouse: The Supreme Court and the Prison Litigation Reform Act t
نویسنده
چکیده
It seems a little strange that a lawyer who has spent a professional lifetime in correctional law either representing correctional agencies or what might be called the "correctional middle" as a commentator on legal issues in the field, but who has never represented an inmate in a court of law, would be writing about problems lawyers who do represent inmates face in regard to litigating on behalf of their clients. But I am charged with that task. Representing offenders probably has never been easy. Inmate "causes" are rarely popular with the public. While some are amiable enough clients with serious claims, others are not. They may exaggerate claims, they may be demanding, and most certainly, they virtually never can pay. Litigation can be hostile. Even when relief is obtained on paper, converting the paper relief into real change in the prison can take years and repeated trips to court. In the early 1970s, as the "inmate rights" movement was building up steam, a variety of factors made inmate litigation much easier than today. Start with the facts of cases. Prisons and jails were often filthy, dilapidated, poorly run hellholes. Inmates might be given guns and told to supervise other inmates. A 1,000 inmate Arkansas prison ran with eight (count 'em, eight) guards who were not convicts.' Only two worked at
منابع مشابه
مرجع صالح برای رسیدگی به دعوای مسئولیت بطرفیت دولت
Apart from believe to be conflict or comfortability between nations and government, having regard to developing of Government functions, it is shown increasing of taking decisions and acts by government. These decisions and acts may both meet missions of government and provide with advance and improve for people and country, while could be caused damages and loss for some people and could re...
متن کاملThe Affordable Care Act, remedy, and litigation reform.
The Patient Protection and Affordable Care Act of 2010 (ACA) rewrote the law of private health insurance. How the ACA rewrote the law of civil remedies, however, is a question largely unexamined by scholars. Courts everywhere, including the U.S. Supreme Court, will soon confront this important issue. This Article offers a foundational treatment of the ACA on remedy. It predicts a series of flas...
متن کاملIntroduction: Dreaming about Arbitration Reform
Some peoples’ dreams are really great, or at least really exotic. Reverend Martin Luther King had a history-changing dream, of the end of discrimination. Me, I had a dream about a really great conference on arbitration, and how it might ultimately help lead to legal reform of arbitration. While the dream may not have been the most exotic, thanks to the participants in this Symposium, and many o...
متن کاملEstablishment an international prison in order to Execution of criminal sentences of the International Criminal Court
However, the punishment of imprisonment has become the main response of domestic and international arsenals; But now one of the most important challenges facing the International Criminal Court is how to enforce its sentences, and especially the execution of imprisonment.according to the Statute of the Court, imprisonment is carried out through voluntary agreements with the receiving countries ...
متن کامل