Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons

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Cambridge University Press, Mar 28, 2000 - Law - 490 pages
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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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Contents

The Case of Judicial Prison Reform
27
Arkansas and Texas
51
Hutto 19711977
66
Texas
80
Colorado State Peniten
96
The Santa Clara County Jails
111
The Theory of Judicial Policy Making
145
Creating Doctrine Choosing Solutions and Transform
204
The Bureaucratic Model
271
Implementing the Solution Muddling Through
297
of Powers
330
Conclusion
336
Assessing the Successes of Judicial Prison Reform
362
Notes
389
Index
477
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