University of Michigan Law School
Civil Rights Litigation Clearinghouse

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ARTICLES THAT USE THE CLEARINGHOUSE
November 16, 2019
Examining the Role of Healthcare Professionals in the Use of Solitary Confinement
Criminal Justice and Health Program, University of California, San Francisco, Department of Medicine
Date: 10/24/2017
By: Cyrus Ahalt, Alex Rothman & Brie A. Williams (University of California, San Francisco)
359 BMJ 1-4
Prison healthcare professionals work in a unique clinical environment designed to punish rather than to heal.123 Amid global calls for penal reform, healthcare professionals have an ethical responsibility4 to speak out about correctional practices that endanger health and human rights.5 We examine ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 16, 2019
No Longer a Child: Juvenile Incarceration in America
Capital University Law Review
Date: 2011
By: Carlyn Bohland (Capital University Law School)
39 Cap. U. L. Rev. 193-230
The first section of this note provides a brief history of the juvenile justice system including its creation, changes since its inception, and the modem practices of the juvenile court. This section discusses the original and modem goals of juvenile justice, the differences between juveniles and ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 14, 2019
Pocketing a Pretty Penny: Sexual Victimization, Human Rights, and Private Contractors in the U.S. Immigration Detention System
University of Detroit Mercy Law Review
Date: Fall 2011
By: Grace Trueman (University of Detroit Mercy School of Law)
89 U. Det. Mercy L. Rev. 339-368
Aliens held in the U.S. immigration detention system experience
sexual victimization from both fellow detainees and detention facility
employees. The extent of such abuse is unknown due to discretionary
reporting requirements and fear amongst the detainees. However,
graphic ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 14, 2019
Rethinking Immigration Detention
Social Science Research Network
Date: 07/01/2010
By: Anil Kalhan (Drexel University Earle Mack School of Law)
110 Colum. L. Rev. Sidebar 42-58
In recent years, scholars have drawn attention to the myriad ways in which the lines between criminal enforcement and immigration control have blurred in law and public discourse. This essay analyzes this convergence in the context of immigration detention. For decades, courts and observers have ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 14, 2019
There are Two Sides to Every Story: Collaboration between Advocates and Defenders in Achieving Systemic Juvenile Justice Reform
Penn Law: Legal Scholarship Repository
Date: 04/30/2012
By: R. Daniel Okonkwo & Dylan Nicole De Kervor (University of Pennsylvania Law School)
15 U. Pa. J.L. & Soc. Change 435-454
This article challenges juvenile defenders to participate in the growing demand for holistic reforms in the broader juvenile justice system. In order to achieve long lasting results for their clients, juvenile defenders are challenged to build their knowledge and awareness of juvenile justice ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
Reforming Stop-and-Frisk
Criminology Crim. Just. L & Soc'y
Date: 2017
By: Henry F. Fradella & Michael D. White (Arizona State University Faculty)
18 Criminology Crim. Just. L & Soc'y, 45-64
Although stop-and-frisk has a long history as a policing tactic rooted in particularized, reasonable suspicion of criminal activity, several U.S. jurisdictions morphed stop-and-frisk into a broad and sometimes aggressive crime control strategy. The recent experiences in many jurisdictions ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
The Detainment of Families: Moral Implications Lacking in Legal Justifications
DePaul J. Soc. Just.
Date: 05/28/2016
By: Stephanie Costa
11 DePaul J. Soc. Just., 1-26
This paper contends that the three family detention facilities — South Texas Family Residential Center in Dilley, Texas, Karnes County Residential Center in Karnes City, Texas, and Berks County Family Residential Center in Leesport, Pennsylvania — are operating in violation of the Flores ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
The Constitutional Law of Incarceration, Reconfigured
Cornell L. Rev.
Date: January 2018
By: Margo Schlanger (University of Michigan Law School Faculty)
103 Cornell L. Rev., 357-436
Part I begins with a doctrinal history; prisoners’ rights precedents are unfamiliar to many, and the author summarizes the pre-Kingsley Supreme Court case law as it evolved over time. Even for those conversant with recent prisoners’ rights cases, the 1980s/90s doctrinal shift the author ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
Juvenile Solitary Confinement: A Breach of International Law and Domestic Public Policy
Trinity L. Rev.
Date: Fall 2017
By: Karen DeSoto (New Jersey City University School of Business Faculty)
23, Trinity L. Rev., 1-8
In part I of this paper the author explores the history and development of solitary confinement. In part II the author discusses existing efforts to curb or ban juvenile solitary confinement. In part III the author reviews the international human rights standards for the treatment of juvenile ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
What Is a Church: Implied Consent and the Contraception Mandate
J. Contemp. Legal Issues
Date: 2013
By: Michael A. Helfand (Pepperdine University School of Law Faculty)
21 J. Contemp. Legal Issues, 401-426
This Article considers the “religious employer” exception to the “contraception mandate” – that is, the “preventative care” requirements announced by Department of Health and Human Services pursuant to the Patient Protection and Affordable Care Act. This exception has triggered ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
America's Conscience: The Rise of Civil Society Groups under President Trump
UCLA L. Rev.
Date: 09/30/2018
By: Matthew R. Segal
65 UCLA L. Rev., 1574-1589
Civil society groups have grown under the presidency of Donald Trump, and their new strength carries both opportunity and risk. The Trump administration has fueled these groups; its harsh and discriminatory policies have diminished the government’s integrity and constrained government lawyers to ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 12, 2019
Keeping the Mentally Ill out of Jail: Sheriffs as Litigants
Alb. Gov't L. Rev
Date: 05/01/2015
By: Mary Zdanowicz
8 Alb. Gov't L. Rev., 536-562
In March 2014, Congress convened a hearing titled “Where Have All the Patients Gone? Examining the Psychiatric Bed Shortage.” Cook County Sheriff Tom Dart testified “[s]ince becoming Sheriff in 2006, I have seen an explosion in the percentage of seriously mentally ill individuals housed in ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 7, 2019
Am. Crim. L. Rev.
Date: 2010
By: Margo Schlanger (University of Michigan Faculty)
47 Am. Crim. L. Rev. 1421-1440
Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary ...
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ARTICLES THAT USE THE CLEARINGHOUSE
November 7, 2019
For the Good of the Group: Using Class Actions and Impact Litigation to Turn Child Welfare Policy into Practice in Illinois
Child. Legal Rts. J.
Date: 2017
By: Emma McMullen (Loyola University Chicago School of Law Law Student)
37 Child. Legal Rts. J.236-252
This article will provide a brief history of the child welfare system nationally and within the state of Illinois. It will examine child welfare class action and impact litigation as an alternative to traditional legislative policy change in Illinois, focusing on four major efforts for reform: The ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
The Influence of Government Defenders on Affirmative Civil Rights Enforcement
Fordham L. Rev.
Date: 2018
By: Alexander A. Reinert (Benjamin N. Cardozo School of Law of Yeshiva University Faculty)
86 Fordham L. Rev. 2181-2198
The focus of this brief Article will be on a conundrum, particularly in the area of civil rights enforcement: the federal government—in particular the DOJ—can be one of the most efficient and powerful vindicators of civil rights, while at the same time one of the most effective advocates for ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
Intelligence Legalism and the National Security Agency's Civil Liberties Gap
Harv. Nat'l Sec. J.
Date: 2015
By: Margo Schlanger (University of Michigan Faculty)
6 Harv. Nat'l Sec. J. 112-205
Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
Current Developments in the Executive Branch: Sanctuary Cities under the Trump Administration, the Frontlines of the Battle for Immigration
Geo. Immigr. L.J.
Date: Spring 2017
By: Ahmad Al-Dahani (Georgetown University Law Center Law Student)
31 Geo. Immigr. L.J. 665-674
“Sanctuary cities” is a subject of intense political and legal disagreement in the United States. It refers to jurisdictions that implement policies limiting cooperation between local officials and federal immigration authorities.“[N]early 300 jurisdictions as well as the states of Colorado, ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
The Equal Employment Opportunity Commission and Structural Reform of the American Workplace
Wash. U.L. Rev.
Date: 2014
By: Margo Schlanger (University of Michigan Faculty)
91 Wash. U.L. Rev. 1519-1590
In 2011, the United States Supreme Court struck down a class action suit alleging that Wal-Mart stores discriminated against female employees in pay and promotion decisions, making it more difficult to obtain certification of private employment discrimination class actions. As a result, the role of ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 31, 2019
How the ADA Regulates and Restricts Solitary Confinements for People with Mental Disabilities
Advance
Date: May 2016
By: Margo Schlanger (The University of Michigan Faculty)
10 Advance 39-56
In this Issue Brief, the author argues that solitary confinement of prisoners with mental illness or intellectual disabilities frequently constitutes disability discrimination, challengeable under Title II of the ADA6 and the Rehabilitation Act7 —federal statutes that proscribe discrimination on ...
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ARTICLES THAT USE THE CLEARINGHOUSE
October 25, 2019
Anti-Incarcerative Remedies for Illegal Conditions of Confinement
U. Miami Race & Soc. Just. L. Rev.
Date: Summer 2016
By: Margo Schlanger (University of Michigan Faculty)
6 U. Miami Race & Soc. Just. L. Rev. 1-30 (2016)
Well over half of American prisoners have symptoms of mental illness. And the most recent thorough analysis found that an astounding 15% of state prisoners and 24% of jail inmates "reported symptoms that met the criteria for a psychotic disorder." In addition, 4 to 10% prisoners have a serious ...
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