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Mass Solitary And Mass Incarceration: Explaining The Dramatic Rise In Prolonged Solitary In America's Prisons, Jules Lobel Aug 2020

Mass Solitary And Mass Incarceration: Explaining The Dramatic Rise In Prolonged Solitary In America's Prisons, Jules Lobel

Northwestern University Law Review

In the last two decades of the twentieth century, prisons throughout the United States witnessed a dramatic rise in the use of solitary confinement, and the practice continues to be widespread. From the latter part of the nineteenth century until the 1970s and ’80s, prolonged solitary confinement in the United States had fallen into disuse, as numerous observers and the United States Supreme Court recognized that the practice caused profound mental harm to prisoners. The reasons for this dramatic rise in the nationwide use of solitary confinement and the development of new supermax prisons have not been explored in depth. …


How Do We Reach A National Tipping Point In The Campaign To Stop Solitary?, Amy Fettig Aug 2020

How Do We Reach A National Tipping Point In The Campaign To Stop Solitary?, Amy Fettig

Northwestern University Law Review

The use and abuse of solitary confinement in American prisons, jails, and juvenile detention centers is at epidemic levels. On any given day 80,000 to 100,000 people in prisons are subjected to a practice considered inhumane and degrading treatment—even torture under international human rights standards. Despite widespread international condemnation, decades of research demonstrating the harm it inflicts on human beings, and a growing chorus from the medical community raising alarms about its impact on the brain, solitary confinement remains a routine prison-management strategy in correctional institutions nationwide. In the past decade, however, a growing movement has emerged to challenge the …


A Wrong Without A Right? Overcoming The Prison Litigation Reform Act's Physical Injury Requirement In Solitary Confinement Cases, Maggie Filler, Daniel Greenfield Aug 2020

A Wrong Without A Right? Overcoming The Prison Litigation Reform Act's Physical Injury Requirement In Solitary Confinement Cases, Maggie Filler, Daniel Greenfield

Northwestern University Law Review

This Essay argues against applying the so-called “physical injury” requirement of the Prison Litigation Reform Act (PLRA) to deny monetary compensation to solitary confinement survivors. The Essay identifies three ways in which misapplication of the PLRA’s physical injury requirement limits the ability of solitary confinement survivors to receive monetary compensation for psychological harm suffered. First, some courts applying the PLRA wrongly dismiss damages claims for alleging “de minimis” physical injury. Second, some courts have been reluctant to find that physical injury caused by psychological trauma satisfies the PLRA’s physical injury requirement. Third, courts do not distinguish between “garden …


Consensus Statement From The Santa Cruz Summit On Solitary Confinement And Health Aug 2020

Consensus Statement From The Santa Cruz Summit On Solitary Confinement And Health

Northwestern University Law Review

No abstract provided.


Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Ifeoma Ajunwa, Angela Onwuachi-Willig Jun 2018

Combating Discrimination Against The Formerly Incarcerated In The Labor Market, Ifeoma Ajunwa, Angela Onwuachi-Willig

Northwestern University Law Review

Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements—which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior to enacting …