Search Results for Prison Litigation Reform Act (PLRA)

...David C. Fathi Abstract The Prison Litigation Reform Act (PLRA), enacted by Congress in 1996, establishes a separate and unequal system of justice that applies only to prisoners. Under the PLRA, injunctive relief in cases involving prison conditions is both harder to obtain and easier...

...James E. Robertson Abstract This article critiques the Prison Litigation Reform Act (PLRA) from the imagined perspective of a jailhouse punk. His sexual exploitation by fellow inmates “turns” him into a non-man, placing him at the bottom of a society of captive men. From his perspective, the PLRA...

...Michele Deitch Abstract The Prison Litigation Reform Act (PLRA) severely hampered the courts' ability to exercise long-term oversight of conditions in prisons and jails. This article examines the potential for alternative types of correctional oversight in a post-PLRA world. The article begins...

..., often do not cause physical injury. Even though constitutional rights are violated by these acts, federal courts have often failed to provide relief to victims of these abuses. The reason is that the Prison Litigation Reform Act (PLRA) deprives federal courts of the ability to provide relief from...

...Giovanna Shay Abstract The Prison Litigation Reform Act (PLRA) contains an administrative exhaustion provision that was interpreted by the Supreme Court in Woodford v. Ngo in 2006 to impose a procedural default component. This piece argues that we should take seriously Justice Breyer's Woodford...

...Susan N. Herman Abstract Whether the Prison Litigation Reform Act was well aimed or effective is a challenging question. Advertised as stemming a flood of trivial prisoners' lawsuits in the federal courts, the PLRA erected obstacles to serious as well as frivolous complaints – like claims of racial...

..., and the Supreme Court's expression of that hostility through procedural decisions. © The Ohio State University PLRA, class action Isn t It Ironic? The Particular Plaintiffs Provision of the PLRA The Prison Litigation Reform Act (PLRA) abounds with ironies and contradictions. Some have argued...

... Penalty Act and the Prison Litigation Reform Act, have provoked much critical commentary, both in this issue of FSR and elsewhere. The present essay focuses in particular on four major themes that run through many of the articles in this issue. Framed as questions, they are: (1) whether the PLRA and AEDPA...

...-controlled Congress passed the Prison Litigation Reform Act (PLRA).22 As one might expect, the so-called reform provisions were designed not to enhance constitutional protections, but to prevent prisoner litigation against state prison systems through restrictions on the ability of prisoners to initiate...

..., and are thus often tasked with navigating this mine eld themselves.40 The need for relief from draconian sentences, especially for drug crimes, has also increased since the enactment in 1996 of the Prison Litigation Reform Act (PLRA), which was designed to make it nearly impossible for incarcerated FEDERAL...

... Litigation Reform Act of 1995 (PLRA).6 This essay argues that nonetheless Brown takes the principles articulated in Estelle and reads them through the prism of the modern carceral context, a context described by criminologists and now even the New York Times as one of mass incarceration7 While the Supreme...

... unexpectedly, in cases involving the Prison Litigation Reform Act of 19955 (PLRA), the signs are more mixed; in particular, one can find instances in which the Court rejects at least the latter two strategies. Despite the plainly deferential cast of the PLRA s exhaustion requirement, in Jones v. Bock6...

... and childbirth.21 In reading the United States report, the Committee will note that the emphasis under both Articles 7 and 10 is on the prosecution of those found to have contravened federal law, yet the number of lawsuits in this area brought by the government is declining and the Prison Litigation Reform Act...

... investigation and enforcement. Expand the investigation and enforcement activities of the U.S. Department of Justice and build similar capacity in the states. Increase access to the courts by reforming the PLRA. Congress should narrow the scope of the Prison Litigation Reform Act. Monitor practice not just...