To identify challenges which prison inmates face in obtaining meaningful access to the courts in the absence of constitutionally mandated access to a prison law library.
Abstract
Purpose
To identify challenges which prison inmates face in obtaining meaningful access to the courts in the absence of constitutionally mandated access to a prison law library.
Methodology/approach
Beginning with a historical framework, the research explores a study of three pivotal legal cases, highlighting how the prison law library doctrine has evolved over time. Further secondary source research is conducted to illustrate the importance of the issue to the modern day inmate.
Findings
Jurisprudence of the prison law library doctrine never clearly defines what alternative measures to a prisoners right to access a library are or can be. Many decisions simply list suggestions and leave it to the correctional facility to tailor reasonable measures that work with their institution, heavily relying upon a separation of powers justification.
Research limitations/implications
The present research implicates a continuity of a lack of meaningful access to the courts to underserved communities.
Social implications
The present research provides a necessary starting point for further sociological field research into the area of prison law libraries as a Fourteenth Amendment necessity. This research illustrates a foundational flaw in providing inmates with meaningful access to courts and will educate judges and prison administrators alike about this constitutional violation.
Originality/value
Moreover, the present research provides librarians, attorneys, judges, politicians, community members, prison officials, and prison inmates with the vital information necessary to uphold the prisoners Due Process right to meaningful access to the court.
Details
Keywords
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
Abstract
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
M.R. Denning, L.J. Megaw and L.J. Stamp
March 22, 1972 Building and Construction — Working places regulations — Main contractor in occupation of motorway site — Subcontractors' employee injured by fall on path used as…
Abstract
March 22, 1972 Building and Construction — Working places regulations — Main contractor in occupation of motorway site — Subcontractors' employee injured by fall on path used as alternative means of access to and egress from working place — Whether main contractor capable of being liable to subcontractors' employee for damages for breach of regulation relating to safe access — Whether under duty to comply with “such requirements” of safe access regulation “as affect him…” to cover subcontractors' employees — Whether duty extended by addition of two words in regulation — Conflicting decision on scope of amended regulation resolved — Construction (Working Places) Regulations, 1966 (S.I. 1966 No. 94) regs. 3(1) (a) (b), 6(1) — Factories Act, 1961 (9 & 10 Eliz. II, c 34) s.76(2).
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management…
Abstract
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management…
Abstract
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.