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The Significance of Prison Conditions Cases: Budgets and Regions

Published online by Cambridge University Press:  01 July 2024

Malcolm M. Feeley
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Abstract

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This paper examines William Taggart's article on the judicial power of the purse as it affects American prisons and jails. It argues that the central concerns in this area have involved issues of judicial propriety and judicial capacity rather than, as Taggart argues, whether judicially mandated expenditures disrupt normal budget processes. It then takes issue with Taggart's conclusions that the courts have had little impact on prisons and jails. Using his evidence, this paper argues that the courts have had a significant effect in transforming prisons and jails in at least one region of the country, the South.

Type
Research Article
Information
Law & Society Review , Volume 23 , Issue 2 , 1989 , pp. 273 - 282
Copyright
Copyright © 1989 The Law and Society Association.

References

References

BERGER, Raoul (1977) Government by Judiciary: The Transformation of the Fourteenth Amendment. Cambridge: Harvard University Press.Google Scholar
BICKEL, Alexander (1962) The Least Dangerous Branch. Indianapolis: Bobbs Merrill.Google Scholar
CARLETON, Mark T. (1971) Politics and Punishment: A History of the Louisiana State Penal System. Baton Rouge: Louisiana State University Press.Google Scholar
CHILTON, Bradley (1988) “Guthrie v. Evans: Civil Rights, Prison Reform and Institutional Reform Legislation.” Ph.D. Dissertation, Department of Political Science, University of Georgia, Athens.Google Scholar
FEELEY, Malcolm M., and Roger, HANSON (forthcoming) “The Impact of Jail and Prison Condition Litigation: A Review Essay,” in DiIulio, John J. Jr. (ed.), Courts, Corrections and the Constitution. New York: Oxford University Press.Google Scholar
FEELEY, Malcolm M., and Edward, RUBIN (1988) “Federal-State Relations and Prison Administration.” Presented at the Third Annual Seminar on Federalism, Berkeley (November 5).Google Scholar
FLETCHER, William (1982) “The Discretionary Constitution: Institutional Remedies and Judicial Legitimacy,” 92 Yale Law Journal 635.Google Scholar
FRUG, Gerald (1978) “The Judicial Power of the Purse,” 126 University of Pennsylvania Law Review 715.Google Scholar
FULLER, Lon ([1957] 1978) “The Forms and Limits of Adjudication,” 92 Harvard Law Review 352.Google Scholar
GLAZER, Nathan (1978) “Should Judges Administer Social Services?” 50 The Public Interest 64.Google Scholar
GLAZER, Nathan (1975) “Towards an Imperial Judiciary?” 41 The Public Interest 104.Google Scholar
HARRIMAN, Linda, and Jeffrey D., STRAUSSMAN (1983) “Do Judges Determine Budget Decisions? Federal Court Decisions on Prison Reform and State Spending for Corrections,” 43 Public Administration Review 343.Google Scholar
HARRIS, M. Kay, and Dudley P., SPILLER (1976) After Decision: Implementation of Judicial Decrees in Correctional Settings. Washington, DC: American Bar Association.Google Scholar
HOROWITZ, Donald L. (1977) The Courts and Social Policy. Washington, DC: Brookings Institution.Google Scholar
McKELVEY, Blake (1977) American Prisons: A History of Good Intentions. Montclair, NJ: Patterson-Smith.Google Scholar
MISHKIN, Paul (1978) “Federal Courts as State Reformers,” 35 Washington and Lee Law Review 949.Google Scholar
TAGGART, William A. (1989) “Redefining the Power of the Federal Judiciary: The Impact of Court-Ordered Prison Reform on State Expenditures for Corrections,” 23 Law & Society Review 241.Google Scholar
WILDAVSKY, Aaron (1975) Budgeting: A Comparative Theory of Budgetary Processes. Boston: Little, Brown.Google Scholar
YARBROUGH, Tinsley (1987) Judge Frank Johnson and Human Rights in Alabama. University: University of Alabama Press.Google Scholar

Cases Cited

Guthrie v. Evans, C.A. No. 73-3068 (S.D. Ga. 1979).CrossRefGoogle Scholar
Holt v. Sarver, 300 F. Supp. 825 (E.D. Ark. 1969).Google Scholar
Pugh v. Locke, 406 F. Supp. 318 (M.D. Ala. 1976).Google Scholar
Ruffin v. Commonwealth, 62 Va. 790 (1871).Google Scholar