Beyond the Hero Judge: Institutional Reform Litigation as Litigation

Schlanger, Margo

doi:10.2307/1290240

Cited by 49 publications

(18 citation statements)

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“…This logic of exclusion applied not only to racial desegregation, but to everything from living conditions, to health care, to inmate discipline. Indeed, in the 1960s and continuing through the 1990s, 48 state prison systems had at least one institution declared unconstitutional, and several entire systems violated the Constitution because prison administrators believed certain rights and privileges should never apply to prisoners (Feeley & Rubin, 2000;Schlanger, 1999).…”

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confidence: 99%

Racial Desegregation in Prisons

et al. 2008

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This article examines the history, law, and research on racial desegregation in American prisons. It focuses on the 2005 U.S. Supreme Court case of Johnson v. California, in which the Court held that prison administrators cannot racially segregate inmates unless under extraordinary circumstances to maintain the security of inmates, staff, and institutions. This article also examines evidence on attitudes and outcomes of racial desegregation in prisons. It ends with a discussion of racial desegregation mandates and policy change in prison organizations

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confidence: 99%

Racial Desegregation in Prisons

et al. 2008

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“…As early as 1969, the Department of Justice began filing lawsuits, not only to desegregate jails and prisons, but also to improve their conditions. By 1980, the Department had participated in four prison desegregation cases, at least six more prison condition cases, and many more jail condition cases (Schlanger, , ).…”

Section: A Brief History Of the Civil Rights Act Of 1964mentioning

confidence: 99%

Fifty Years Later: The Legacy of the Civil Rights Act of 1964

Hersch¹,

Shinall²

2015

J. Pol. Anal. Manage.

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This paper assesses the legacy of the Civil Rights Act over the past 50 years, reviewing its history, scope, and impact on wage, employment, and segregation outcomes of the Act's five protected classes. In addition to improving outcomes for protected classes, the Act launched a period of expanded civil rights legislation and established a framework that allows expansion of coverage through judicial interpretation without requiring passage of new laws. Applications include prohibiting sexual harassment as a form of sex discrimination and protection against color discrimination separately from race discrimination, which may be increasingly salient with increased immigration and with a multirace population.

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“…Indeed, an important part of many prison cases was the ability of the DOJ to intervene if civil rights violations were alleged. Title III of the Civil Rights Act of 1964 allows the DOJ's Civil Rights Division authority to sue prison facilities and systems found in violation of civil rights (Schlanger, 1999). The rationale for DOJ intervention in civil rights complaints was based on Congress's belief that parties such as the courts and other reform-orientated groups could not accomplish their mandates alone (Schlanger, 1999)-and this included racial desegregation in the prison context.…”

Section: Intervention By the Us Department Of Justice: Setting The mentioning

confidence: 99%

“…The rationale for DOJ intervention in civil rights complaints was based on Congress's belief that parties such as the courts and other reform-orientated groups could not accomplish their mandates alone (Schlanger, 1999)-and this included racial desegregation in the prison context. In fact, prior to 1980, when most integration cases were decided, the DOJ was involved in more than 10 of the largest prison conditions cases, 4 of which had a desegregation component (Schlanger, 1999). Clearly, the intervention on the part of the DOJ provided significant leverage for the plaintiffs in Lamar v. Coffield (1977) to force desegregation on the Texas prison system.…”

Section: Intervention By the Us Department Of Justice: Setting The mentioning

confidence: 99%

Inmate Racial Integration: Achieving Racial Integration in the Texas Prison System

Trulson

Marquart

2002

The Prison Journal

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After nearly three decades, there has been a revival of interest in the racial integration of inmates in prisons. In light of what has been done, the literature still questions whether racial integration policies, either forced or voluntary, can be implemented at the practical level. This article examines the process of achieving racial integration in the Texas prison system. This review focuses on the court's role in forcing racial integration, the organizational response to integration, the unit-level process of integration, and the general impact of an integration policy in Texas prisons. Ultimately, this article concludes that racial integration can be realized at the practical level in the contemporary prison.

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Beyond the Hero Judge: Institutional Reform Litigation as Litigation

Cited by 49 publications

References 1 publication

Racial Desegregation in Prisons

Racial Desegregation in Prisons

Fifty Years Later: The Legacy of the Civil Rights Act of 1964

Inmate Racial Integration: Achieving Racial Integration in the Texas Prison System

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