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12 - Administrative “States” of Judicial Policy on Gender-Motivated Violence

from Part III - Judicial Policymaking and the Modern State

Published online by Cambridge University Press:  18 April 2019

By
Christine B. Harrington
Edited by
Rosann Greenspan ,
Hadar Aviram  and
Jonathan Simon
Rosann Greenspan
Affiliation:
University of California, Berkeley
Hadar Aviram
Affiliation:
University of California, Hastings College of the Law
Jonathan Simon
Affiliation:
University of California, Berkeley
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Summary

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.

Type
Chapter
Information
The Legal Process and the Promise of Justice
Studies Inspired by the Work of Malcolm Feeley
 , pp. 230 - 258
Publisher: Cambridge University Press
Print publication year: 2019

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References

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Cases

Brzonkala v. Virginia Polytechnic Inst. & State University (1997) 132 F.3d 949, USCA 4th Circuit, vote 2–1.

Brzonkala v. Virginia Polytechnic Inst. & State University (1999) 169 F.3d 820, USCA 4th Circuit, en banc vote 7–4.

Civil Rights Cases (1883) 109 US 3; vote 8–1.

Griffin v. Breckenridge (1971) 403 US 88; vote 9–0.

U.S. v. Lopez (1995) 514 US 549; vote 5–4.

U.S. v. Morrison (2000) 529 US 598; vote 5–4.

Amici Curiae Brief of Law Professors in Support of Petitioners, U.S. v. Morrison, 120 S. Ct. 1740 (2000) (Nos. 99–5, 99–29).

U.S. Reply Brief, U.S. v. Morrison (1999).

Legislation

Violence Against Women Act (VAWA), 135 42 U.S.C. § 13981 (1994); (P.L. 103–322)

Violent Crime Control and Law Enforcement Act of 1994, PuB. L. No. 103–322, 108 Stat. 1796. 42 U.S.C.A. § 13981(b)-(c) (1995).

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