NEW FEDERALISM, OLD REMEDIES, AND CORRECTIONS POLICYMAKING |
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| Authors: | Candace McCoy |
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| Institution: | CANDACE MCCOY is an Ohio attorney whose law practice concentrated on civil rights and criminal defense. While Assistant Professor of Criminal Justice at the University of Cincinnati, she taught corrections law, criminal law and procedure, and related topics. She currently is a doctoral student in Jurisprudence and Social Policy, Boalt Hall, University of California, Berkeley. |
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| Abstract: | Corrections litigation is changing, but new case law does not authorize a wholesale cutback of prisoner constitutional rights. Supreme Court cases urge a return to traditional compensatory damages as the remedy for unconstitutional acts and conditions. Monitoring of state correctional performance by federal courts is disfavored. The author believes that basic rights of prisoners will remain protected, but that systematic planning and exemplary programs will erode. Under the money damages model, legal reform should thus urge waiver of the state sovereign immunity provided by the Eleventh Amendment. |
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