Inmate Litigation

Schlanger, Margo

doi:10.2307/1342709

Cited by 99 publications

(60 citation statements)

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“…Podkul (2011) reports for instance, that local correctional officials sometimes hold immigration detainees for an unconstitutionally long period in order to maximize profits. As a result of these practices, and other cost-cutting measures, such as rationing health care, some jails could find themselves at increased risk of litigation (Schlanger, 2003). A third unintended consequence of expanding capacity to hold inmates for other jurisdictions is that some sheriffs have actually overbuilt, and they cannot fill their empty beds.…”

Section: Expanding Capacity In Local Jailsmentioning

confidence: 99%

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Trouble in the Heartland: Challenges Confronting Rural Jails

Ruddell

Mays²

2011

International Journal of Rural Criminology

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There has been very little scholarship on the roles and functions of rural jails in the United States. This study examines some of the key challenges facing these small correctional institutions, using data from two national surveys, focus groups of jail administrators, and the results from a survey of Texas jail administrators. These studies solicited information about the operational challenges and changing offender populations in small and rural jails. In order to better respond to these changing characteristics, a number of policy options for rural jails are considered, including: regionalization, transferring the operations of local jails to state departments of corrections, increasing alternatives to incarceration, expanding local capacity, abiding by standards or becoming accredited, and privatizing local corrections. The merits of these different solutions are examined.

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Section: Expanding Capacity In Local Jailsmentioning

confidence: 99%

“…In one of the most comprehensive studies of jail litigation, Schlanger (2003) reports the top three sources of individual lawsuits in jails are medical care, use of force, and personal injury. In terms of class action lawsuits, by contrast, the three main reasons are medical care, search policies and crowding.…”

Section: Standards Litigation and Accreditationmentioning

confidence: 99%

Trouble in the Heartland: Challenges Confronting Rural Jails

Ruddell

Mays²

2011

International Journal of Rural Criminology

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“…940-41), and an Exxon-funded research program on punitive damages reinforced the view that punitive damages awards were too unpredictable (Hastie and Viscusi 1998, p. 916;Kahneman 2000, p. 1173;Schkade 1998, p. 2078;Sunstein et al 2002). 7 Beginning in the 1990s, however, virtually every empirical study of court-based punitive damages has revealed a strong, statistically significant correlation between punitive and compensatory damages (Eisenberg et al 1997(Eisenberg et al , 2002(Eisenberg et al , 2006Eisenberg andWells 1998, 1999;Karpoff and Lott 1999, p. 543;Moller, Pace, and Carroll 1999, p. 300;Schlanger 2003Schlanger , p. 1605Sharkey 2006). Even the largest punitive damages awards, those that were $100 million or greater, showed a statistically significant association with the compensatory award (Eisenberg and Wells 2006).…”

Section: Prior Empirical Literature On Punitive Damages and Securitiementioning

confidence: 99%

Punitive Damages in Securities Arbitration: An Empirical Study

Choi¹,

Eisenberg²

2010

The Journal of Legal Studies

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This article provides the first empirical analysis of punitive damages in securities arbitrations.Using a data set of over 6,800 securities arbitration awards, we find that claimants prevailed in 48.9 percent of arbitrations and that 9.1 percent of those claimant victories included a punitive damages award. The existence of a punitive damages award was associated with claims that suggested egregious misbehavior and with claims that provided higher compensatory awards. The pattern of punitive awards is more consistent with a traditional view of punitive damages that incorporates a retributive component than with a law and economics emphasis on efficient deterrence. We also report evidence that the relation between punitive and compensatory awards did not differ substantially between the securities arbitrators' data and data on juries available from periodic Civil Justice Surveys by the Bureau of Justice Statistics.

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“…The Supreme Court considers successive habeas filings ''abuse of the writ,'' and Congress has strictly controlled the number of petitions death row inmates can file (Rose v. Lundy 1982;Felker v. Turpin 1996;AEDPA 1996AEDPA sec. 2244 (1)); Schlanger 2003).…”

Section: The Condemned Body As a Political Surfacementioning

confidence: 99%

Breaking Bodies Into Pieces: Time, Torture and Bio-Power

Federman

Holmes

2005

Crit Crim

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This article is an attempt to comprehend the bureaucratic phenomenon of the deathwatch, the last 24 hours of a prisoner's life, stressing the theoretical applications scholars can make to the study of docile bodies on death row. Because years of work are necessary to obtain obedience from condemned inmates, health care professionals lend more than an aura of legitimacy to the capital punishment process. As an integral part of the prison and capital punishment, they provide stability, reliability, and the means to achieve the goals of peaceful executions. The ultimate objective of utilizing health care professionals is the sanitization of penal practice and penal language to effect the complete absence of resistance from the condemned.

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Inmate Litigation

Cited by 99 publications

References 0 publications

Trouble in the Heartland: Challenges Confronting Rural Jails

Trouble in the Heartland: Challenges Confronting Rural Jails

Punitive Damages in Securities Arbitration: An Empirical Study

Breaking Bodies Into Pieces: Time, Torture and Bio-Power

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