disadvantages of private prisons
330 results for disadvantages of private prisons
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Toward a critical corporate law pedagogy and scholarship.
.... V. CORPORATIZATION OF PRISONS AND SCHOOLS . Also absent in any Business ... in detention facilities that are often privately operated. (225) Essentially, mass incarceration ... empirically the benefits or disadvantages of school privatization are inconclusive. "Where ...
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Opt-Out Education: School Choice as Racial Subordination
Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school...
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Disparate impact lacks an impact: the need for Pay for Success programs to house formerly incarcerated people.
... released annually from federal and state prisons. (3) Over ninety-five percent of people currently ...The PFS model is a private-public partnership for the achievement of a ... a "racialized justice system that disadvantages and targets people of color." (235) Thus, when ...
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No prisoner left behind? Enhancing public transparency of penal institutions.
...SCHOOLS AND PRISONS AS COMPARABLE INSTITUTIONS A. Facial Similarities ..., cumulative, and intergenerational disadvantages (8)--in effect, life-long subordination and the ... federal-state relations and public versus private operation of the institution. Courts have also ...
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Constitutional law in an age of proportionality.
...factors: First, the private interest. . . affected .. ; second, the risk of ...at 432-38. He also noted possible disadvantages from the smaller docket, including the Court's ... rather the "very principle of privatizing prisons" that "violates the hard core of personal ...
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Does the logic of collective action explain federalism doctrine?
... of a uniform regulatory regime that disadvantages other states. (313) Cases of horizontal ... in the management of institutions such as prisons. (323) In both the case of habeas and prisoner ... federalism constituency in Congress among private citizens--i.e., no small, cohesive minority ...
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TECHNOLOGICAL INCARCERATION AND THE END OF THE PRISON CRISIS.
... INCARCERATION TO CONVENTIONAL PRISONS 110 A. Proportionate Punishment of Offenders 110 ... that can overcome these disadvantages of electronic monitoring compared with ..., public housing and government-subsidized private accommodation is far cheaper than conventional ...
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Prison vouchers.
...What if we did the same for prisons--what if convicted criminals could choose their ... that could outweigh these disadvantages. . I conclude with thoughts about the politics of ... services directly from either public or private agencies." (11) . But, as far as I can tell, no ...
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Big data and predictive reasonable suspicion.
...(240) In addition, information given to private individuals who later turn it over to law ...(2006highlighting the advantages and disadvantages of using actuarial prediction techniques and ... the author's eight years in Virginia prisons and the effect it had on his life); Shon Hopwood ...
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THE DOWNSTREAM EFFECTS OF BAIL AND PRETRIAL DETENTION ON RACIAL DISPARITIES IN INCARCERATION.
...federal and state prisons. (1) Overrepresentation is especially serious for ... than Whites as a result of disadvantages that accumulate as their case progresses. (8) . ... to racial differences in having hired private counsel, pretrial detention, and criminal ...
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Schooling at Risk
For much of the nation's history, states excluded entire groups of students from mainstream public-school classrooms based on classifications of race or disability. Although Brown vs. Board of Education and its progeny, as well as the Individuals with Disabilities Education Act, now prohibit the most blatant and egregious forms of this type of exclusion, a new version has emerged. Over the last...
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Framing a narrative of discrimination under the Eighth Amendment in the context of transgender prisoner health care.
... Manning." (1) With those words, Army Private Bradley Manning announced to the world that she ... (5) people in the nation's various prisons and jails, (6) but transgender people are ... have argued that the medical model disadvantages low-income transgender people who cannot afford ...
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Criminal law theory and criminal justice practice.
... for police, prosecutors, courts, and prisons than democratic governments would likely ...(80) Husak, for instance, accepts that private imposition of suffering on offenders can fulfill ... culpability interest outweighs the disadvantages of pursuing a policy that is, in consequential ...
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THE HORROR CHAMBER: UNQUALIFIED IMPUNITY IN PRISON.
... ones--are far too common in American prisons and jails. Prison staff have held prisoners down ... even in the face of their practical disadvantages, incarcerated litigants must navigate a ...[E]ven those prison officials who in their private lives would be regarded as "normal, morally ...
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The Patriot Act and Crisis Legislation: The Unintended Consequences of Disaster Lawmaking
The fear inspired by disaster and tragedy has frequently produced overreactions at watershed moments in American history. This Article argues that these recurring spasms of fearful congressional overreaction should be properly labeled as “crisis legislation.” Most instances of crisis legislation pass unheeded, and any allusions to the phenomenon in discourse lack a universal term. In The Shock...
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Racism, rodeos, and the misery industries of Louisiana.
... of one of the country's most notorious prisons: Angola. Angola is a majority black prison where ... of the dominant racial group and disadvantages members of racial and ethnic minority groups. ... and contemporary public policies and private practices that have advantaged whites and ...
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Prisons for profit: do the social and political problems have a legal solution?
I. INTRODUCTION TO THE PRIVATE PRISON INDUSTRY AND THE NONDELEGATION DOCTRINE A. The Advantages of e Prisons B. The Disadvantages of Private Prisons C. The History of Private Prisons in the United States ...
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Saving 60(b) (5): the future of institutional reform litigation.
... constitutionally inadequate conditions in prisons and mental hospitals, (6) and even insufficient ... paradigm emphasizes the rights of private parties to enter into efficient, bargained-for ... problem, that the institutional disadvantages of courts are exaggerated, and that national norm ...
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The new private-regulation skepticism: due process, non-delegation, and antitrust challenges.
.... On the other hand, "industry regulating itself" has its disadvantages from both an external and an internal perspective. From the outside, this ..., chiefly in the context of the civil rights liability of private prisons, get more press. (7) The Texas Supreme Court has developed its own theory ...
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393 U.S. 483 (1969), 40, Johnson v. Avery
...'s disciplinary administration of the prisons. There is no doubt that discipline and ...For private matters of a civil nature, legal counsel for the ... on the courts serious, and the disadvantages to prisoner clients of the jailhouse lawyer are ...
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The new private-regulation skepticism: due process, non-delegation, and antitrust challenges.
... restrict qualified immunity in civil rights suits against private prisons in Richardson v. McKnight, 521 U.S. 399 (1997), it established in Filarsky ...; see also text accompanying infra note 248 (noting potential disadvantages of developing new public-private tests). . (193.) Tex. Boll Weevil, 952 ...
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Part two: case summaries by major topic.
... charges and transferring him to other prisons, and conspired against him to violate his rights. ...The court held that: (1) the private contractor was not liable as a public entity or ... constrain prison transfers based on disadvantages at the transferee prison that were not themselves ...
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Making Black Lives Matter: Properly Valuing the Rights of the Marginalized in Constitutional Torts.
...State Action in Private Torts 1753 B. State Action in Constitutional ...In light of the advantages and disadvantages of both corrective and distributive justice ... representation of Black men in America's prisons and jails. See, e.g., Ashley Nellis, The Color of ...
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Part one: complete case summaries in alphabetical order.
... constrain prison transfers based on disadvantages at the transferee prison that were not themselves ...29. Denial, Inadequate Care, Policies, Private Provider . Bektic-Marrero v. Goldberg, 850 ... relief arguing that the federal Bureau of Prisons (BOP) illegally referred him to the Special ...