Prisons present a special context for the interpretation of constitutional rights, where prisoner complaints are pitched against the justifications of prison administrators. In the United States, the history of prisoner rights can be told as a story of the ebb and flow of judicial willingness to defer to the expertise-infused claims of prison administrators. Deference is ostensibly justified by a judicial worry that prison administrators possess specialized knowledge and navigate unique risks, beyond the purview of courts. In recent years, expansive judicial deference in the face of “correctional expertise” has eroded the scope and viability of prisoners’ rights, serving to restore elements of the historical category of “civil death” to the...
The law and practice of solitary confinement continues to be a source of rights violations in Canadi...
This article explores governing through rights in a penal context by analyzing a recent case before ...
The Religious Land Use and Institutionalized Persons Act (RLUIPA) requires prisons to make accommoda...
Cases regarding prisoners’ rights have been difficult for prisoners and prisoner advocates to win as...
In prisoner litigation, straightforward victory is rare. Win or lose, prisoners most often remain in...
In 1985 the Federal Court of Appeal, in the case of Re Howard and Presiding Officer of the Inmate Di...
This paper examines over twenty years of prisoner litigation under the Canadian Charter of Rights an...
A prison inmate is supposed to have the same basic rights as any other citizen, except to the extent...
Contemporary prison sociology remains, for the most part, sceptical as to the real impact of prisone...
This paper critically examines the potential of prisoner litigation in Canada to shed light on what ...
Contemporary prison sociology remains largely skeptical regarding the true impact of the development...
With the tenth anniversary of the enactment of the Canadian Charter of Rights and Freedom fast appr...
Not only can an empirical sociology of law in prison deeply challenge legalism, but it can do so whi...
Prisoners can be tragically wronged by the prison system, as highlighted by the recent Ashley Smith ...
Despite a pressing need for judicial guidance on the legalities of administrative segregation, Canad...
The law and practice of solitary confinement continues to be a source of rights violations in Canadi...
This article explores governing through rights in a penal context by analyzing a recent case before ...
The Religious Land Use and Institutionalized Persons Act (RLUIPA) requires prisons to make accommoda...
Cases regarding prisoners’ rights have been difficult for prisoners and prisoner advocates to win as...
In prisoner litigation, straightforward victory is rare. Win or lose, prisoners most often remain in...
In 1985 the Federal Court of Appeal, in the case of Re Howard and Presiding Officer of the Inmate Di...
This paper examines over twenty years of prisoner litigation under the Canadian Charter of Rights an...
A prison inmate is supposed to have the same basic rights as any other citizen, except to the extent...
Contemporary prison sociology remains, for the most part, sceptical as to the real impact of prisone...
This paper critically examines the potential of prisoner litigation in Canada to shed light on what ...
Contemporary prison sociology remains largely skeptical regarding the true impact of the development...
With the tenth anniversary of the enactment of the Canadian Charter of Rights and Freedom fast appr...
Not only can an empirical sociology of law in prison deeply challenge legalism, but it can do so whi...
Prisoners can be tragically wronged by the prison system, as highlighted by the recent Ashley Smith ...
Despite a pressing need for judicial guidance on the legalities of administrative segregation, Canad...
The law and practice of solitary confinement continues to be a source of rights violations in Canadi...
This article explores governing through rights in a penal context by analyzing a recent case before ...
The Religious Land Use and Institutionalized Persons Act (RLUIPA) requires prisons to make accommoda...