« Gearing up for the Ninth Circuit oral argument concerning California's (capricious?) capital cae review | Main | India Law Commission urges nation to abolish death penalty for all common crimes »

August 31, 2015

"The Just-Barely-Sustainable California Prisoners’ Rights Ecosystem"

The title of this post is the title of this interesting new paper by Margo Schlanger now available via SSRN. Here is the abstract:

Nationwide, litigation currently plays a far smaller role as a corrections oversight mechanism than in decades past, a change largely caused by the 1996 Prison Litigation Reform Act (PLRA).  Yet no such decline is evident in the nation’s most populous state, California, where prisoners’ rights litigation remains enormously influential and was the trigger to the criminal justice “Realignment” that is the subject of this symposium. Indeed, every prison in California is subject to numerous ongoing court orders governing conditions of confinement.

This article examines why California is different.  It argues California’s very large bar includes a critical mass of highly expert prisoners’ rights lawyers.  Working for both non-profits and for-profit firms, they benefited from a pipeline of large-scale, pre-PLRA, fees-paying cases that sustained them while they learned to cope with the statutory obstacles. And the Ninth Circuit’s hospitable bench awarded them some favorable fee-related rulings in support of their coping strategies.  In short, they learned how to — just barely — maintain a prisoners’ rights docket nothwithstanding very substantial financial hurdles. They continue to litigate old and new cases, but ongoing challenges pose a real threat to the fragile litigation ecosystem they have created.

August 31, 2015 at 10:35 AM | Permalink

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB