Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Between 1965 and 1990, federal judges in almost all of the states handed down sweeping rulings that affected virtually every prison and jail in the United States. Without a doubt judges were the most important prison reformers during this period. This book provides an account of this process, and uses it to explore the more general issue of the role of courts in the modern bureaucratic state. It provides detailed accounts of how the courts formulated and sought to implement their orders, and how this action affected the traditional conception of federalism, separation of powers, and the rule of law.
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7th Cir action agencies American Correctional Association appeal approach argue argument Arkansas attitudes attorneys authority beliefs bureaucratization Chapter civil rights claim concept constitutional constraints coordinating idea decentralization developed doctrinal creation due process efforts Eighth Amendment facilities federal courts federal judges function goal governmental habeas habeas corpus Harv implementation imposed individual inmates institutions interpretation involved issue jail James Jacobs Judge Henley judicial decision judicial policy judiciary judiciary's jurisdiction legal doctrine legislative limited litigation M.D. Ala Marion ment modern moral normative Old Max Owen Fiss Penitentiary plaintiffs policy-making political principle prison administrators prison conditions prison officials prison reform prison system problems programs punishment regime rehabilitation remedies result role Ronald Dworkin rule of law Santa Clara Santa Clara County separation of powers social southern prisons specific standards structure Supp supra note Supreme Court theory tion violation warden