Enforcing Religious Freedom in Prison


Book Description

From Executive summary: This report focuses on the government's efforts to enforce federal civil rights laws prohibiting religious discrimination in the administration and management of federal and state prisons. Prisoners in federal and state institutions retain certain religious exercise rights under the Constitution and statutes including the Religious Land Use and Institutionalized Persons Act (RLUPIPA), the Religious Freedom Restoration Act (RFRA), and the Civil rights of Institutionalized Persons Act (CRIPA). Many states have similar provisions in their state constitutions and in state law modeled on RFRA. These rights must be balanced with the legitimate concerns of prisons officials, including cost, staffing, and most importantly, prison safety and security. Reconciling these rights and concerns can be a significant challenge for penal institutions, as well as courts.




Civil Rights of Institutionalized Persons Act


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Civil Rights of Institutionalized Persons


Book Description




Civil Rights for Institutionalized Persons


Book Description




When Officials Clash


Book Description

The Reagan Adminstration justified its civil rights enforcement by claiming an electoral mandate to reduce government. The Administration employed an administrative strategy to fulfill this asserted mandate, illustrating the conventional wisdom that the strategy enhances political responsiveness. But responsiveness to popular will is one democratic value, while protection of minority rights another. In the case of the administrative strategy to enforce the law protecting civil rights of the institutionalized, career employees within the Reagan Justice Department reacted forcefully to the change in policy direction, believing their action was critical to protecting basic human rights because of the powerlessness of the affected group. Holt examines how the Reagan Administration implemented its strategy of limited enforcement and the varied responses of the career employees, including internal and external criticism, mass departure, and even sabotage of some actions. A survey of careerists and interviews with both political and career employees provide detailed accounts of the clash that ensued. In addition to providing valuable information on how and when an administrative strategy can best be employed, Holt identifies some of the hidden costs of a tightly controlled bureaucracy. An apparently successful policy, which minimizes the involvement of experienced career employees, can have an adverse long term effect. A valuable study for all students and researchers of public policy formation and implementation, the contemporary presidency, and civil rights.










No Pity


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“A sensitive look at the social and political barriers that deny disabled people their most basic civil rights.”—The Washington Post “The primer for a revolution.”—The Chicago Tribune “Nondisabled Americans do not understand disabled ones. This book attempts to explain, to nondisabled people as well as to many disabled ones, how the world and self-perceptions of disabled people are changing. It looks at the rise of what is called the disability rights movement—the new thinking by disabled people that there is no pity or tragedy in disability and that it is society’s myths, fears, and stereotypes that most make being disabled difficult.”—from the Introduction







Incarceration and the Law, Cases and Materials


Book Description

In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.