The Supreme Court and the development of law : through the prism of prisoners' rights /: through the prism of prisoners' rights. ([2016])

• Record Type: Book
• Further Information: Note: Christopher E. Smith.
• Authors: Smith, Christopher E
• Contents: Dedication; Preface; Contents; Chapter 1: Shaping Constitutional Law: The Example of Prisoners' Rights; Judicial Decision Making and Constitutional Law; Plan for the Book; A Short Overview of the Development of Prisoners' Rights; Chapter 2: Pioneering Litigation: Black Muslims as an Assertive Political Minority; Black Muslims and the Law; Muslim Prisoners and Litigation; The Essential Role in Cooper v. Pate; The Example of Martin Sostre; Conclusion; Chapter 3: The Expansion and Contraction of Rights: Through the Eyes of Justice Marshall. Life Experience and an Understanding of Human ConsequencesJustice Marshall and the Development of Prisoners' Rights; The Diminution of Constitutional Rights; Conclusion; Chapter 4: A Protective Constitutional Vision: Justice Stevens and the Principles of Liberty; Justice Stevens's Orientation Toward Broad Rights; The Centrality and Importance of Liberty; Liberty and Prisoners' Rights; Justice Stevens as the Foremost Advocate of Prisoners' Rights; Rejecting Judicial Deference and Barriers to Court Access; Conclusion. Chapter 5: A Rejectionist Constitutional Vision: Justice Thomas and Originalist ArgumentsJustice Thomas's Interpretive Approach; Justice Thomas's Initial Application of Originalism to Corrections; Justice Thomas's New Approach to Prisoners' Rights Cases; Other Rights Behind Bars; The Implications of Justice Thomas's Approach; An Ahistorical Foundation for Justice Thomas's Historical Approach?; Conclusion; Chapter 6: The Pragmatic Middle and Its Consequences: The Influence of Justice O'Connor; Justice O'Connor, Court Composition, and the Influential Center Seat; Impact of Conservative Centrist. The Importance of the Turner TestThe Turner Test's Illusory Protection; Justice O'Connor's Effort to Guide the Use of Her Creation; Creeping Standards and the Use of Force; Conclusion; Chapter 7: Strategic Interaction: Persuasion and Accommodation in Opinion Writing; Estelle v. Gamble (1976) and the Eighth Amendment; Houchins v. KQED (1978) and the "Lost" Majority; Conclusion; Chapter 8: Redefinition of Precedent: The Influence of Justice Scalia; Prisoners' Rights Doctrines as Fertile Ground for Judicial Creativity; A Study in Contrasts: Thurgood Marshall and Antonin Scalia. The Eighth Amendment and Conditions of ConfinementPrisoners' Right of Access to the Courts; Marshall and the Creation of Opportunity; Scalia and the Exercise of Creativity; Conclusion; Chapter 9: Reaction and Retrenchment; Free Exercise of Religion; Prison Litigation Reform Act; Consequences of the PLRA; Retrenchment; Conclusion; References ; Cases Cited; Case Index; Other Index ; Subject Index.
• Publisher Details: New York : Palgrave Macmillan
• Publication Date: 2016
• Copyright Date: 2016
• Extent: 1 online resource
• Subjects: 344.7303/56; Prisoners -- Legal status, laws, etc -- United States -- Cases; Prisoners -- Civil rights; LAW -- Administrative Law & Regulatory Practice; LAW -- Government -- Federal; LAW -- Civil Rights; Prisoners -- Civil rights; Prisoners -- Legal status, laws, etc; United States; Electronic books; Trials, litigation, etc
• Languages: English
• ISBNs: 9781137567635; 1137567635
• Related ISBNs: 9781137567628; 1137567627
• Notes: Note: Includes bibliographical references and index.; Note: Vendor-supplied metadata.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.