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The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditions or restrictions having no specific constitutional source for protection, a pretrial detainee in a federal correctional center has a right under the due process clause of the fifth amendment to be free from any punitive conditions or restrictions during detention. The Court further held that all of the challenged practices and conditions were valid because they were rationally related to the legitimate non-punitive purposes of the detention center. Thus, the correctional facility could place two detainees in a cell built for one, prohibit receipt …

Harmless Error: Constitutional Sneak Thief, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

"Harmless constitutional error" is among the most insidious of legal doctrines. Since its promulgation by the United States Supreme Court in Chapman v. California, it has determined as many criminal appeals as have some of the more well-known and hotly debated decisions of the 1960s. Despite the frequency of its use in determining criminal appeals-possibly as high as ten percent of all criminal appeals during the last thirteen years it has received comparatively little critical attention. The reason for the inattention? It's a sneak thief. Its appearance does not raise apprehension, and its application does not leave concentrated areas of …

Antitrust Law - The Requirement Of An Instruction On Intent In Per Se Criminal Violations Of Section 1 Of The Sherman Act, Andy Susko

Villanova Law Review

No abstract provided.

The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira P. Robbins

Ira P. Robbins