Premium
NEW FEDERALISM, OLD REMEDIES, AND CORRECTIONS POLICYMAKING
Author(s) -
McCoy Candace
Publication year - 1982
Publication title -
review of policy research
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.832
H-Index - 45
eISSN - 1541-1338
pISSN - 1541-132X
DOI - 10.1111/j.1541-1338.1982.tb00673.x
Subject(s) - eleventh , damages , sovereign immunity , waiver , law , supreme court , political science , state (computer science) , federalism , qualified immunity , law and economics , economics , politics , physics , algorithm , acoustics , computer science
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.