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Articles 1 - 9 of 9
Full-Text Articles in Law
Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora
Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora
University of Michigan Journal of Law Reform
The current "war on terror" provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith's "American Way," where Keith sings that "you'll be sorry that you messed with the USofA, 'Cuz we'll put a boot in your ass, It's the American Way."
Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif
Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif
Research Collection School of Social Sciences
This article begins by seeking an explanation for the solidarity between Malay inmates and guards in perpetrating abusive and discriminatory treatment towards Malay transvestites. In the course of explaining an empirical phenomenon in the Singapore prison, this article has examined Singapore's history and ethnic demography, the ethnic Malay minority's lack of socio-economic development and modernisation vis-a-vis the ethnic Chinese majority, geo-politics, the ideology and strategic choices of the state's political elite and their implications for inter-ethnic interactions between Malays and Chinese. As this article will argue, prison culture, rather than being divorced from larger society, is in effect able to …
Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Giovanna Shay, Christopher Lasch
Initiating A New Constitutional Dialogue: The Increased Importance Under Aedpa Of Seeking Certiorari From Judgments Of State Courts, Giovanna Shay, Christopher Lasch
William & Mary Law Review
The Antiterrorism and Effective Death Penalty Act (AEDPA) contains a provision restricting federal courts from considering any authority other than holdings of the Supreme Court in determining whether to grant a state prisoner's petition for habeas corpus. Through an empirical study of cert filings and cases decided by the Supreme Court, we assess this provision's impact on the development of federal constitutional criminal doctrine. Before AEDPA and other restrictions on federal habeas corpus, lower federal courts and state courts contributed to doctrinal development by engaging in a "dialogue" (as described by Robert M. Cover and T. Alexander Aleinikoff in a …
Rendering Turner Toothless: The Supreme Court’S Decision In Beard V. Banks, Jennifer N. Wimsatt
Rendering Turner Toothless: The Supreme Court’S Decision In Beard V. Banks, Jennifer N. Wimsatt
Duke Law Journal
The Supreme Court has long recognized that prisoners' constitutional rights must be balanced against the need for deference to the decisions of prison administrators when prisoners' rights are restricted incident to their incarceration. The Court, however, has never explicitly recognized a theory of proper incarceration, yet it has implicitly adopted such a theory through its decisions regarding the constitutionally permitted level of restriction on particular prisoners' rights. This Note argues that the Court's prisoners' rights jurisprudence evinces a particular definition of proper incarceration and then reads the multiple opinions in Beard v. Banks consistently with that theory.
Torture, Truth Serum, And Ticking Bombs: Toward A Pragmatic Perspective Of Coercive Interrogation, Kenneth Lasson
Torture, Truth Serum, And Ticking Bombs: Toward A Pragmatic Perspective Of Coercive Interrogation, Kenneth Lasson
All Faculty Scholarship
The 'War on Terror' has prompted a great deal of discussion about the use of torture as a means of extracting information from those suspected of having perpetrated past acts of violence or planning future ones. Despite the years that have passed since the attacks of September 11, 2001, for both citizens and government officials there is still a strong tension between the competing emotions of anger, revenge, and desperation; it seems increasingly difficult to adhere to international norms governing a nation's moral and legal obligations to protect its citizens from grave danger while continuing to support individual freedoms. Among …
Unusual Suspects: Recognizing And Responding To Female Staff Perpetrators Of Sexual Misconduct In U.S. Prisons, Lauren A. Teichner
Unusual Suspects: Recognizing And Responding To Female Staff Perpetrators Of Sexual Misconduct In U.S. Prisons, Lauren A. Teichner
Michigan Journal of Gender & Law
Despite the general public's ignorance of this issue of sexual misconduct perpetrated by female prison staff against male inmates, such stories are remarkably familiar to those who study or work in the world of prisons. The Prison Rape Elimination Act ("PREA") of 2003 mandated that the Bureau of Justice Statistics ("the Bureau") undertake new studies of sexual violence in prisons. Accordingly, the Bureau released a report in July 2006 revealing some groundbreaking data. Of the 344 substantiated allegations of staff-on-inmate sexual violence made in federal, state, and private prisons in 2005, 67% of the overall victims were male inmates and …
Jail Strip-Search Cases: Patterns And Participants, Margo Schlanger
Jail Strip-Search Cases: Patterns And Participants, Margo Schlanger
Articles
Among Marc Galanter’s many important insights is that understanding litigation requires understanding its participants. In his most-cited work, Why the “Haves” Come Out Ahead, Galanter pioneered a somersault in the typical approach to legal institutions and legal change: Most analyses of the legal system start at the rules end and work down through institutional facilities to see what effect the rules have on the parties. I would like to reverse that procedure and look through the other end of the telescope. Let’s think about the different kinds of parties and the effect these differences might have on the way the …
'The Devil Is In The Details': A Continued Dissection Of The Constitutionality Of Faith-Based Prison Units, Lynn S. Branham
'The Devil Is In The Details': A Continued Dissection Of The Constitutionality Of Faith-Based Prison Units, Lynn S. Branham
All Faculty Scholarship
Faith-based prison units can afford prisoners who choose to be housed in them the concentrated and sustained spiritual nourishment that they believe they need to grow spiritually or in other ways. But critics claim that these units abridge the Establishment Clause. This Article debunks two of the arguments most frequently asserted against the constitutionality of faith-based units. The first is that prisoners cannot exercise a "true private choice" in the "inherently coercive" environment of a prison to live in such a unit. But court decisions confirm that confinement does not abnegate the voluntariness of other decisions made by prisoners, such …
Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay
Preserving The Rule Of Law In America's Jails And Prisons: The Case For Amending The Prison Litigation Reform Act, Margo Schlanger, Giovanna Shay
Articles
Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to constitutional regulation of governmental treatment of even those who have broken society’s rules. And accordingly, most of our prisons and jails are run by committed professionals who care about prisoner welfare and constitutional compliance. At the same time, for prisons—closed institutions holding an ever-growing disempowered population—most of the methods by which we, as a polity, foster government accountability and equality among citizens are unavailable or at least not currently practiced. In the absence of other levers by which …