The Supreme Court and the Development of Law

Through the Prism of Prisoners’ Rights

Authors: Smith, Christopher E.

  • Examines several prisoners' rights cases over the span of several decades of Supreme court decision-making
  • Includes an in-depth chapter on the influence of Justice Scalia 
  • Helps to shed light on the contexts and conflicts that define incarcerated offenders' daily lives 
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eBook 67,82 €
price for Germany (gross)
  • ISBN 978-1-137-56763-5
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 85,59 €
price for Germany (gross)
  • ISBN 978-1-137-56762-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

This book illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners’ claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices’ unanimous endorsement of a Muslim prisoner’s religious right to grow a beard despite objections from prison officials. In the fifty-year span between those two events, the Supreme Court developed the law concerning rights for imprisoned offenders. As demonstrated in this book, the factors that shape Supreme Court decision making are well-illustrated by prisoners’ rights cases. This area of law illuminates competing approaches to constitutional interpretation, behind-the-scenes interactions among the justices, and the manipulation of legal precedents. External actors also affect the Supreme Court and its decisions when the president appoints new justices and Congress targets the judiciary with legislative enactments. Because of the controversial nature of prisoners’ rights issues, these cases serve to illuminate the full array of influences over Supreme Court decision making. 

About the authors

Christopher E. Smith is Professor of Criminal Justice at Michigan State University, USA. He is the author of more than 20 books, including Constitutional Rights: Myths & Realities, Law and Contemporary Corrections, Courts and the Poor, and John Paul Stevens: Defender of Rights in Criminal Justice.

Reviews

“Smith, the preeminent scholar on correctional law in criminal justice, has produced a fascinating overview and analysis of the Supreme Court’s decision-making process and the development of constitutional law, using prisoners’ rights litigation to frame his analysis. This is a significant contribution to the literature on constitutional law and the Eighth Amendment.” (Craig Hemmens, Professor and Chair, Department of Criminal Justice and Criminology, Washington State University, USA)

“A fascinating look into how presidential appointment and shifting alliances on the Supreme Court shape the degree to which legal protections are both extended and restricted within prison settings. Smith deftly navigates both the legal literature and the behind the scenes machinations of Court actors to provide an interesting and compelling look at how the fight over prisoners’ rights is oftentimes far removed from the reality of prison life itself.” (John D. Burrow, Assistant Professor, The College of Criminal Justice, University of South Carolina, USA)

Table of contents (9 chapters)

  • Shaping Constitutional Law: The Example of Prisoners’ Rights

    Smith, Christopher E.

    Pages 1-13

    Preview Buy Chapter 29,69 €
  • Pioneering Litigation: Black Muslims as an Assertive Political Minority

    Smith, Christopher E.

    Pages 15-36

    Preview Buy Chapter 29,69 €
  • The Expansion and Contraction of Rights: Through the Eyes of Justice Marshall

    Smith, Christopher E.

    Pages 37-59

    Preview Buy Chapter 29,69 €
  • A Protective Constitutional Vision: Justice Stevens and the Principles of Liberty

    Smith, Christopher E.

    Pages 61-83

    Preview Buy Chapter 29,69 €
  • A Rejectionist Constitutional Vision: Justice Thomas and Originalist Arguments

    Smith, Christopher E.

    Pages 85-107

    Preview Buy Chapter 29,69 €

Buy this book

eBook 67,82 €
price for Germany (gross)
  • ISBN 978-1-137-56763-5
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 85,59 €
price for Germany (gross)
  • ISBN 978-1-137-56762-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
The Supreme Court and the Development of Law
Book Subtitle
Through the Prism of Prisoners’ Rights
Authors
Copyright
2016
Publisher
Palgrave Macmillan US
Copyright Holder
The Editor(s) (if applicable) and The Author(s)
eBook ISBN
978-1-137-56763-5
DOI
10.1057/978-1-137-56763-5
Hardcover ISBN
978-1-137-56762-8
Edition Number
1
Number of Pages
XIV, 227
Topics