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Full-Text Articles in Law

To Seek A Newer World: Prisoners’ Rights At The Frontier, David M. Shapiro Apr 2016

To Seek A Newer World: Prisoners’ Rights At The Frontier, David M. Shapiro

Michigan Law Review First Impressions

Prisoners’ rights lawyers have long faced a dismal legal landscape. Yet, 2015 was a remarkable year for prison litigation that could signal a new period for this area of law—the Supreme Court handed down decisions that will reverberate in prison jurisprudence for decades to come. New questions have been asked, new avenues opened. This piece is about what the Court has done recently, and what possibilities it has opened for the future. More broadly, I suggest that the Court may be subjecting prison officials to greater scrutiny and that this shifting judicial landscape reflects an evolving social discourse about ...


Why And How To Compensate Exonerees, Erik Encarnacion Jan 2016

Why And How To Compensate Exonerees, Erik Encarnacion

Michigan Law Review First Impressions

How can we bring greater uniformity to exoneree compensation in a principled and just way? This paper argues that answering this question becomes easier once we identify the principles of justice that best justify and explain compensation statutes. In particular, commentators have assumed incorrectly that the goal of compensating exonerees should be understood primarily in terms of corrective justice, which posits a duty to undo or repair wrongfully inflicted harms. This paper argues, by contrast, that restitutionary justice, which forces parties to relinquish unjust gains, better justifies and explains compensation statutes. The unjust gains at issue are fair wages withheld ...


The Exceptional Circumstances Of Johnson V. United States, Leah M. Litman Jan 2016

The Exceptional Circumstances Of Johnson V. United States, Leah M. Litman

Michigan Law Review First Impressions

Johnson v. United States held that the “residual clause” of the Armed Career Criminal Act (ACCA) is unconstitutionally vague. Since Johnson was decided six months ago, courts have been sorting out which of the currently incarcerated defendants who were sentenced under ACCA’s residual clause may be resentenced. Determining who can be resentenced in light of Johnson requires courts to answer several questions. For example, does the rule in Johnson apply retroactively to convictions that have already become final? And can prisoners who have already filed one petition for postconviction review—review that occurs after a defendant’s conviction has ...