Administrative “states” of judicial policy on gender-motivated violence

Christine B. Harrington

    Research output: Chapter in Book/Report/Conference proceedingChapter

    Abstract

    In what sense is the rise of the modern administrative state a catalyst for judicial policymaking? Judicial Policy Making and the Modern State (1998), Malcolm Feeley and Edward Rubin’s treatise on judicial policymaking examines this dynamic in the context of prison reform litigation carried out by US federal courts in the mid to late twentieth century. Before 1965, federal judges had not reviewed the authority of prison wardens, who under the common law oversaw the implementation of internal prison practices. This changed after a judge in the US District Court for the Eastern District of Arkansas declared conditions of overcrowding at Cummins Frame State Prison “cruel and unusual punishment” in violation of the Eighth Amendment of the US Constitution.

    Original languageEnglish (US)
    Title of host publicationThe Legal Process and the Promise of Justice
    Subtitle of host publicationStudies Inspired by the Work of Malcolm Feeley
    PublisherCambridge University Press
    Pages230-258
    Number of pages29
    ISBN (Electronic)9781108234979
    ISBN (Print)9781108415682
    DOIs
    StatePublished - Apr 18 2019

    ASJC Scopus subject areas

    • Social Sciences(all)

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