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Legacy And Future Of Corrections Litigation, Susan P. Sturm
Legacy And Future Of Corrections Litigation, Susan P. Sturm
Faculty Scholarship
This Article attempts to provide a framework for assessing the legacy and future of public interest advocacy in one particular area – corrections. It documents a shift from a test case to an implementation model of advocacy, and urges the development of effective remedial strategies as a method of linking litigation to a broader strategy of correctional advocacy.
I have chosen to focus on this particular institutional context for several reasons. On a pragmatic level, the Edna McConnell Clark Foundation, which for the last twenty years has been the primary source of funding for corrections litigation by private, nonprofit organizations, …
Resolving The Remedial Dilemma: Strategies Of Judicial Intervention In Prisons, Susan P. Sturm
Resolving The Remedial Dilemma: Strategies Of Judicial Intervention In Prisons, Susan P. Sturm
Faculty Scholarship
During the last several decades, courts have undertaken to remedy ongoing constitutional and statutory violations in a variety of public and private institutions. Once a court determines that an institutional pattern or practice violates the law, it must face the challenge of structuring a process that will lead to the elimination of the illegal conditions or practices. Whether this judicial activity is called "ordinary" or "extraordinary," the remedial process in institutional reform litigation may lead the trial court to engage in a range of roles beyond those usually required to "resolve a traditional private dispute.
Courts involved in institutional reform …