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Judges and Judiciary

Aug. 9, 2006

Test? What Test? Courts Leave Policies to Prison Officials

Focus Column - The government giveth and the government taketh away." This phrase pretty well sums up the Supreme Court's recent approach to prisoner rights cases.

Focus Column

By Laurie L. Levenson



'The government giveth and the government taketh away." This phrase pretty well sums up the Supreme Court's recent approach to prisoner rights cases. In the last two years, the U.S. Supreme Court has issued two key decisions regarding prisoner rights: Johnson v. California, 543 U.S. 499 (2005), and Beard v. Banks, 2006 Lexis 5176 (June 28). Last year in Johnson, the court "gaveth." ...

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