Steven P. Croley
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9781479855001
- eISBN:
- 9781479881581
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479855001.003.0001
- Subject:
- Law, Legal Profession and Ethics
The introduction presents the rationale and structure of the book. This book focuses litigation and litigation reform proposals, as opposed to liability reform (i.e., reform of the underlying ...
More
The introduction presents the rationale and structure of the book. This book focuses litigation and litigation reform proposals, as opposed to liability reform (i.e., reform of the underlying substantive legal rules). In particular, it focuses on lowering litigation costs, in part in order to promote greater access to the courts, and thereby to advance the book’s articulated vision of civil justice. The book is aimed especially at policymakers and thought leaders on the subject.Less
The introduction presents the rationale and structure of the book. This book focuses litigation and litigation reform proposals, as opposed to liability reform (i.e., reform of the underlying substantive legal rules). In particular, it focuses on lowering litigation costs, in part in order to promote greater access to the courts, and thereby to advance the book’s articulated vision of civil justice. The book is aimed especially at policymakers and thought leaders on the subject.
G. L. Davies and Sally A. Sheldon
- Published in print:
- 1996
- Published Online:
- March 2012
- ISBN:
- 9780198259459
- eISBN:
- 9780191681950
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198259459.003.0007
- Subject:
- Law, Legal Profession and Ethics
It seems that no description of the civil dispute resolution process in the legal system is complete without a catalogue of its attendant problems: the burgeoning cost of legal services, inequality ...
More
It seems that no description of the civil dispute resolution process in the legal system is complete without a catalogue of its attendant problems: the burgeoning cost of legal services, inequality of resources between litigants, crippling pre-trial delays, lengthy trials, discovery abuses, and morally dubious tactical devices all feature regularly in such accounts. Many individuals and organisations grapple daily with the question of how to tackle these problems. Theories abound as to the best prescriptions for effective reform. This chapter discusses some proposals for change. The reforms discussed are proposed by, or under the consideration of the Queensland Litigation Reform Commission. The chapter is divided into two parts. First, it canvasses the Commission's and the proposed procedural reforms, together with the practical benefits which are expected to flow from them. Secondly, it explains the ethical basis for the suggested reforms.Less
It seems that no description of the civil dispute resolution process in the legal system is complete without a catalogue of its attendant problems: the burgeoning cost of legal services, inequality of resources between litigants, crippling pre-trial delays, lengthy trials, discovery abuses, and morally dubious tactical devices all feature regularly in such accounts. Many individuals and organisations grapple daily with the question of how to tackle these problems. Theories abound as to the best prescriptions for effective reform. This chapter discusses some proposals for change. The reforms discussed are proposed by, or under the consideration of the Queensland Litigation Reform Commission. The chapter is divided into two parts. First, it canvasses the Commission's and the proposed procedural reforms, together with the practical benefits which are expected to flow from them. Secondly, it explains the ethical basis for the suggested reforms.
Anne Newman
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9780226071749
- eISBN:
- 9780226071886
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226071886.003.0007
- Subject:
- Education, Educational Policy and Politics
This concluding chapter highlights how the strengths and weaknesses of court-based reform and community organizing mirror each other, and how neither type of advocate is likely to single-handedly ...
More
This concluding chapter highlights how the strengths and weaknesses of court-based reform and community organizing mirror each other, and how neither type of advocate is likely to single-handedly realize students’ right to a high quality education. This raises the question: Why don’t litigators and community organizers work together more to realize the educational rights they aim to achieve? The chapter identifies some of the challenges and opportunities such collaborations present, and it draws upon what worked well in Kentucky to consider how potential barriers can be overcome with a focus on the policy implementation stage. Even when such collaborations come together, a moral dilemma remains: if local advocacy does not have broader impact, a premium is placed on the community into which children happen to be born and educated. The chapter concludes by emphasizing how local control of education policy is a significant obstacle to the realization of educational rights in the US, and highlights some promising shifts in federal policy that suggest openings for reform on this front.Less
This concluding chapter highlights how the strengths and weaknesses of court-based reform and community organizing mirror each other, and how neither type of advocate is likely to single-handedly realize students’ right to a high quality education. This raises the question: Why don’t litigators and community organizers work together more to realize the educational rights they aim to achieve? The chapter identifies some of the challenges and opportunities such collaborations present, and it draws upon what worked well in Kentucky to consider how potential barriers can be overcome with a focus on the policy implementation stage. Even when such collaborations come together, a moral dilemma remains: if local advocacy does not have broader impact, a premium is placed on the community into which children happen to be born and educated. The chapter concludes by emphasizing how local control of education policy is a significant obstacle to the realization of educational rights in the US, and highlights some promising shifts in federal policy that suggest openings for reform on this front.
Kitty Calavita and Valerie Jenness
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780520284173
- eISBN:
- 9780520959835
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520284173.003.0002
- Subject:
- Sociology, Law, Crime and Deviance
This chapter provides an overview of the Prison Litigation Reform Act within the context of the skyrocketing prison population and advances in legal-rights consciousness. The authors show that the ...
More
This chapter provides an overview of the Prison Litigation Reform Act within the context of the skyrocketing prison population and advances in legal-rights consciousness. The authors show that the predicted decline in prisoner litigation subsequent to the PLRA never occurred; instead, there was a dramatic increase in prisoner grievance filing. The chapter describes how the grievance system in California works, describes the range of grievances filed, quotes from actual grievances, and presents the best available estimates of outcome numbers. It concludes by pointing out that despite the slim odds of prisoners winning a grievance, this system that was mandated by Congress to curtail legal mobilization by prisoners arguably animates their rights consciousness.Less
This chapter provides an overview of the Prison Litigation Reform Act within the context of the skyrocketing prison population and advances in legal-rights consciousness. The authors show that the predicted decline in prisoner litigation subsequent to the PLRA never occurred; instead, there was a dramatic increase in prisoner grievance filing. The chapter describes how the grievance system in California works, describes the range of grievances filed, quotes from actual grievances, and presents the best available estimates of outcome numbers. It concludes by pointing out that despite the slim odds of prisoners winning a grievance, this system that was mandated by Congress to curtail legal mobilization by prisoners arguably animates their rights consciousness.
Michael L. Perlin
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780195393231
- eISBN:
- 9780199914548
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195393231.003.0014
- Subject:
- Psychology, Forensic Psychology
This chapter examines four separate substantive issues, leading to a consideration of the intersection between international human rights law and mental disability law through varying perspectives: ...
More
This chapter examines four separate substantive issues, leading to a consideration of the intersection between international human rights law and mental disability law through varying perspectives: law school education; the limits of expert testimony; the private law question of a psychotherapist’s duty to warn, and corrections law. Although these issues appear to have little in common, I conclude that the same overarching factors discussed previously and subsequently—the role of sanism and pretextuality, and the importance and promise of therapeutic jurisprudence—play a major role in any analysis of these disparate issues. Although—with the modest exception of corrections law—there has been very little scholarly literature about the intersection between international human rights law and these substantive legal questions, it is hoped that, as time goes on (and especially in light of the ratification of the CRPD), we will come more readily to see the significance of this intersection.Less
This chapter examines four separate substantive issues, leading to a consideration of the intersection between international human rights law and mental disability law through varying perspectives: law school education; the limits of expert testimony; the private law question of a psychotherapist’s duty to warn, and corrections law. Although these issues appear to have little in common, I conclude that the same overarching factors discussed previously and subsequently—the role of sanism and pretextuality, and the importance and promise of therapeutic jurisprudence—play a major role in any analysis of these disparate issues. Although—with the modest exception of corrections law—there has been very little scholarly literature about the intersection between international human rights law and these substantive legal questions, it is hoped that, as time goes on (and especially in light of the ratification of the CRPD), we will come more readily to see the significance of this intersection.
Robert T. Chase
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9781469653570
- eISBN:
- 9781469653594
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469653570.003.0012
- Subject:
- History, African-American History
The epilogue reflects on what happened to the prisoners who brought civil suits to Texas and frames the legal and political legacy of Ruiz within the current political moment of national prison ...
More
The epilogue reflects on what happened to the prisoners who brought civil suits to Texas and frames the legal and political legacy of Ruiz within the current political moment of national prison strikes and the ongoing struggle over mass incarceration. The chapter considers Ruiz’s legacy through the lens of the Tennessee prison hostage crisis of 1985 as well as ongoing contemporary prisoner politicization over mass incarceration. It considers the development of the Prison Litigation Reform Act as part of carceral federalism’s effort to overturn judicial intervention in favor a return to state’s rights and control of its prison systems. It concludes with an analysis the country’s first national prison strikes of 2016 and 2018 as critical moments tied to Ruiz and the case’s political legacy.Less
The epilogue reflects on what happened to the prisoners who brought civil suits to Texas and frames the legal and political legacy of Ruiz within the current political moment of national prison strikes and the ongoing struggle over mass incarceration. The chapter considers Ruiz’s legacy through the lens of the Tennessee prison hostage crisis of 1985 as well as ongoing contemporary prisoner politicization over mass incarceration. It considers the development of the Prison Litigation Reform Act as part of carceral federalism’s effort to overturn judicial intervention in favor a return to state’s rights and control of its prison systems. It concludes with an analysis the country’s first national prison strikes of 2016 and 2018 as critical moments tied to Ruiz and the case’s political legacy.
Anna Gunderson
- Published in print:
- 2022
- Published Online:
- March 2022
- ISBN:
- 9780197624135
- eISBN:
- 9780197624173
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197624135.003.0003
- Subject:
- Political Science, American Politics
Chapter 3 introduces the central theoretical framework of the book and argues that it is the advent of the prisoners’ rights movement and inmates’ use of litigation that prompted the rise of private ...
More
Chapter 3 introduces the central theoretical framework of the book and argues that it is the advent of the prisoners’ rights movement and inmates’ use of litigation that prompted the rise of private carceral institutions. The author reviews the historical development of prisoners’ rights and the massive increase in inmate litigation before developing a set of hypotheses about how lawsuits influence the adoption of private prisons. The author argues that a higher number of inmate lawsuits make a state more likely to privatize its carceral facilities to avoid legal and political accountability for poor prison conditions. Alternatively, the second hypothesis argues that an increase in the number of court orders against a state will make a state less likely to privatize. Because the judicial decrees are effectively forcing states to develop coherent rules and standards, the incentive to privatize to limit accountability is removed.Less
Chapter 3 introduces the central theoretical framework of the book and argues that it is the advent of the prisoners’ rights movement and inmates’ use of litigation that prompted the rise of private carceral institutions. The author reviews the historical development of prisoners’ rights and the massive increase in inmate litigation before developing a set of hypotheses about how lawsuits influence the adoption of private prisons. The author argues that a higher number of inmate lawsuits make a state more likely to privatize its carceral facilities to avoid legal and political accountability for poor prison conditions. Alternatively, the second hypothesis argues that an increase in the number of court orders against a state will make a state less likely to privatize. Because the judicial decrees are effectively forcing states to develop coherent rules and standards, the incentive to privatize to limit accountability is removed.
Kitty Calavita and Valerie Jenness
- Published in print:
- 2014
- Published Online:
- May 2015
- ISBN:
- 9780520284173
- eISBN:
- 9780520959835
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520284173.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
Appealing to Justice is an unprecedented study of disputing in prison and a rare glimpse of daily life inside this most closed of institutions. The authors gained unique access to California ...
More
Appealing to Justice is an unprecedented study of disputing in prison and a rare glimpse of daily life inside this most closed of institutions. The authors gained unique access to California prisoners and correctional officers, as well as to thousands of prisoners’ grievances. Quoting extensively from these data, they give voice to those who are rarely heard from. These voices unsettle conventional wisdoms in the literature—for example, about the reluctance of vulnerable populations to launch disputes—and they do it with sometimes striking poignancy. The book is at once an empirically rich portrayal of legal mobilization and legal consciousness behind bars and a theoretically driven analysis of the conflicting logics underlying the contemporary U.S. prison system and the (post) civil rights society into which it is inserted. In their sweeping but concise analysis, the authors argue that the confluence of rights consciousness and the culture of punitive control—two of the defining logics of our age—has set in motion a seismic tension that is found in its most primal form in the contemporary prison and its internal grievance system. Ultimately, Appealing to Justice reveals a system that is fraught with institutional and cultural dilemmas and that delivers neither justice nor efficiency nor constitutional conditions of confinement.Less
Appealing to Justice is an unprecedented study of disputing in prison and a rare glimpse of daily life inside this most closed of institutions. The authors gained unique access to California prisoners and correctional officers, as well as to thousands of prisoners’ grievances. Quoting extensively from these data, they give voice to those who are rarely heard from. These voices unsettle conventional wisdoms in the literature—for example, about the reluctance of vulnerable populations to launch disputes—and they do it with sometimes striking poignancy. The book is at once an empirically rich portrayal of legal mobilization and legal consciousness behind bars and a theoretically driven analysis of the conflicting logics underlying the contemporary U.S. prison system and the (post) civil rights society into which it is inserted. In their sweeping but concise analysis, the authors argue that the confluence of rights consciousness and the culture of punitive control—two of the defining logics of our age—has set in motion a seismic tension that is found in its most primal form in the contemporary prison and its internal grievance system. Ultimately, Appealing to Justice reveals a system that is fraught with institutional and cultural dilemmas and that delivers neither justice nor efficiency nor constitutional conditions of confinement.