Discussion on Institutional Litigation in the Post-Chapman World
Discussion on the panel and replies to Susan N. Herman's paper Institutional Litigation in the Post-Chapman World.
The Review: Volume 12
Preview
In Depth Reading
Volume 12 Issue 1
Will the Real Alternatives Please Stand Up?
Discussion of alternative sentencing; argues that an immediate shift to alternative sentencing would not address the system's inherently punitive nature.
Selective Incapacitation and the Effort to Improve the Fairness of Existing Sentencing Practices
Selective incapacitation can remedy prison overcrowding by employing a careful examination of who should remain incarcerated.
Institutional Litigation in the Post-Chapman World
Discussion of the impact of Rhodes v. Chapman, 452 U.S. 337 (1981) on Eighth Amendment litigation of prison conditions.
Volume 12 Issue 2
Selective Incapacitation and the Justifications for Imprisonment
Tracks the development of selective incapacitation as an alternative sentencing procedure; argues for rejection because its impossible to predict dangerousness.
Differentiating Sex from Sex: The Male Irresistible Impulse
The male sexual impulse is a means for courts to find that men and women are not similarly situated; application of this principle in different areas of the law.
Title I and Union Democracy
Examines ways the law can ensure democratic governance in the internal affairs of unions
Volume 12 Issue 3
Use and Abuse of the Power to Sever Family Bonds
Reflections by a Family Court Judge on modern psychotherapy's ideas of child welfare and the social and psychological consequences of their overuse
Assessing the Impact of Goldstein, Freud, and Solnit's Proposals: An Introductory Overview
Discussion of the impact on child welfare law and policy of seminal works arguing for less state intervention in removing children from functional families.
Public School Sex Education: Does it Violate Parents Rights?
Overview of the rise in constitutional challenges to sex education in public schools and an analysis of the arguments implicated.
Psychological Dimensions in Child Placement Conflicts
Explanation of the psychological dimensions of child and parent; argument that privacy of family should be protected, and child's rights should be paramount