Academic journal article Justice System Journal

"Inmate Litigation," Harvard Law Review 116

Academic journal article Justice System Journal

"Inmate Litigation," Harvard Law Review 116

Article excerpt

Margo Schlanger, "Inmate Litigation," Harvard Law Review 116 (April 2003): 1555-706.

Studies of caseloads in particular areas of the law are important because they provide a more precise picture than is obtained from total cases filed and terminated. Studies that show change over time and examine the effect of statutory enactments intended to affect filings are even more useful to our understanding of die workloads courts face. Schlanger's study of inmate litigation before and after the enactment of the Prison Litigation Reform Act (PLRA) is one such study. It is well worth the attention of court administrators and others concerned with caseload changes.

The author begins her extensive examination with a look at trends in inmate litigation, including litigation rates and changes in those rates, and the varied subject matter of such litigation. She then turns to plaintiffs' low rate of success and examines possible explanations for those outcomes, including prisoners' legal rights, the ease of access to the courts (which has meant little disincentive to file cases that stood little chance of success on the merits), prisoners' absence of counsel, and obstacles to settlement. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.