We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Lawsuits as Information: Prisons, Courts, and a Troika Model of Petition Harms.
- Authors
DORAN, MARISSA C. M.
- Abstract
This Note is about the practice of conditioning recovery for violations of prisoners' intangible constitutional rights, like First Amendment petition rights, upon a showing of physical injury. It argues that the prior physical injury requirement of the Prison Litigation Reform Act is unconstitutional as applied to petition violations because it arbitrarily impairs prisoners' right to access the courts and, in doing so, enables retaliation against prisoner litigants to go unchecked. This Note outlines a theoretical portrait of petition violations as threefold structural harms, comprising distinct harms to plaintiffs, to the public, and to the courts as institutions. It uses that portrait to intervene in a doctrinal debate over the nature of the right to petition and to illuminate flaws in contemporary First Amendment doctrine both within and outside the prison context.
- Subjects
UNITED States; LEGAL status of prisoners; CIVIL rights lawsuits; UNITED States. Constitution. 1st Amendment; PETITIONS; PRISON laws; ACCESS to justice; REVENGE; CONSTITUTIONAL law
- Publication
Yale Law Journal, 2013, Vol 122, Issue 4, p1024
- ISSN
0044-0094
- Publication type
Article