A “Safe Outlet” for Prisoner Discontent: How Prison Grievance Procedures Helped Stymie Prison Organizing During the 1970s

2019 ◽  
Vol 44 (04) ◽  
pp. 893-921
Author(s):  
Amanda Bell Hughett

This article demonstrates how civil liberties lawyers’ efforts to address the complaints of imprisoned people in the 1970s inadvertently helped provide state attorneys with tools they used to stymie prisoners’ organizing efforts. Using North Carolina as a case study, I explain why a diverse range of legal actors—including civil liberties lawyers, federal judges, and state attorneys—supported the creation of prison grievance procedures. I then reveal how state attorneys successfully used them, once implemented, to argue that because the procedures offered a seemingly fair, institutional avenue for imprisoned people to express their grievances, prison administrators could ban prison organizing without violating prisoners’ First Amendment rights to free speech and assembly. The history of prison grievance procedures, I suggest, highlights the limits of constitutional rights litigation for achieving social change, offers a new approach to the study of legal endogeneity, and helps explain the demise of the prisoners’ rights movement.

Traditio ◽  
2018 ◽  
Vol 73 ◽  
pp. 83-116
Author(s):  
PETER O'HAGAN

Peter Lombard's influential commentary on the Pauline Epistles, theCollectanea in omnes divi Pauli epistolas,has received little extended analysis in scholarly literature, despite its recognized importance both in its own right and as key for the development of hisSentences.This article presents a new approach to studying theCollectaneaby analyzing how Lombard's commentary builds on theGlossa “Ordinaria”on the Pauline Epistles. The article argues for treating theCollectaneaas a “historical act,” focusing on how Lombard engages with the biblical text and with authoritative sources within which he encounters the same biblical text embedded. The article further argues for the necessity of turning to the manuscripts of both theCollectaneaand theGlossa,rather than continuing to rely on inadequate early modern printed editions or thePatrologia Latina.The article then uses Lombard's discussion of faith at Romans 1:17 as a case study, demonstrating the way in which Lombard begins from theGlossa,clarifies its ambiguities, and moves his analysis forward through his use of otherauctoritatesand theologicalquaestiones.A comparison with Lombard's treatment of faith in theSentenceshighlights the close links between Lombard's biblical lectures and this later work. The article concludes by arguing that scholastic biblical exegesis and theology should be treated as primarily a classroom activity, with the glossed Bible as the central focus. Discussion of Lombard's work should draw on much recent scholarship that has begun to uncover the layers of orality within the textual history of scholastic works.


Author(s):  
Sam Lebovic

According to the First Amendment of the US Constitution, Congress is barred from abridging the freedom of the press (“Congress shall make no law . . . abridging the freedom of speech, or of the press”). In practice, the history of press freedom is far more complicated than this simple constitutional right suggests. Over time, the meaning of the First Amendment has changed greatly. The Supreme Court largely ignored the First Amendment until the 20th century, leaving the scope of press freedom to state courts and legislatures. Since World War I, jurisprudence has greatly expanded the types of publication protected from government interference. The press now has broad rights to publish criticism of public officials, salacious material, private information, national security secrets, and much else. To understand the shifting history of press freedom, however, it is important to understand not only the expansion of formal constitutional rights but also how those rights have been shaped by such factors as economic transformations in the newspaper industry, the evolution of professional standards in the press, and the broader political and cultural relations between politicians and the press.


2009 ◽  
Vol 22 (1) ◽  
pp. 47-83 ◽  
Author(s):  
Patti W. Hunter

ArgumentGertrude Cox, first chair of North Carolina State University's Department of Experimental Statistics, worked as a consultant for the Ford Foundation to Cairo University's Institute of Statistical Studies and Researches in 1964. An analysis of this work provides a case study in the internationalization of the statistics profession, the systems of patronage available to scientists in the second half of the twentieth century, and the history of women in science. It highlights some of the complexities in the process of internationalization in science, showing that even when scientists cross national boundaries to promote their discipline, they may have as a goal the advancement of their own nationalistic interests, or those of their patrons. In documenting Cox's commitment to serving her professional community, this case study will show that some particularly feminine qualities of Cox's approach to her work enabled her to accomplish what her male colleagues tried unsuccessfully to do.


In an introduction to this LGBTQ anthology by North Carolina writers, editor Wilton Barnhardt shares the inspiration behind this collection, the history of gay literature both within and outside the state, a sampling of the diverse range of topics covered in this collection, and his hope that a new generation of LGBTQ writers will continue to record and make art from the inevitable travails facing them as the country negotiates the Trump era.


2021 ◽  
pp. 1-29
Author(s):  
Sam Lebovic

In the 1930s and 1940s, the conservative newspaper industry argued that the First Amendment should shield them from New Deal economic regulations. This article uses these forgotten clashes about freedom of the press to provide a new history of the origins and trajectory of the anti-regulatory First Amendment. It shows that conservative newspaper attorneys were at the forefront of efforts to use civil liberties to protect their economic interests in the New Deal. But it argues that these efforts were only partially successful. The courts rejected these maximalist First Amendment claims, distinguishing between economic liberties and civil liberties. But maximalist claims were more successful in the political culture, where conservative newspapers helped legitimize a belief that a laissez-faire “marketplace of ideas“ was a liberal principle with deep roots in the past. The origins of First Amendment Lochnerism thus lie not in judicial precedent, but in contestation in the political culture. A clearer understanding of the dynamics of this long-running effort to deploy civil liberties claims for conservative purposes, the article concludes, will help us better navigate the contemporary crises of the First Amendment.


NASPA Journal ◽  
1997 ◽  
Vol 35 (1) ◽  
Author(s):  
William M. Klepper ◽  
Timothy Bakken

The authors review the history of First Amendment rulings as they relate to speech codes or other regulations whose prohibitions are directed at the content of speech. A case study, based on an experience at Trenton State College, details the legal constraints, principles, and practices that Student Affairs administrators should be aware of when confronted with such situations.


1994 ◽  
Vol 28 (2) ◽  
pp. 169-190 ◽  
Author(s):  
Susan Manning

The inception of American regionalism is routinely identified by scholars in either Robert Beverley or William Byrd II, both native Virginians who wrote intensely local works (The History and Present State of Virginia, 1705 ; The History of the Dividing Line Betwixt Virginia and North Carolina, Run in the Year of Our Lord 1728) which are amongst the enduring literary products of colonial America. The regional base of both works is immediately apparent in their subjects and setting; but to stop here is to leave critical questions unanswered, questions which have in recent years begun to be addressed by ethnographers and historians such as David Bertelson, Michael Zuckerman and Kenneth Lockridge. In particular, Lockridge's study, meshing biography, history and social psychology, has proposed an illuminating “reconstruction of Byrd's personality” from his writings, an account which stresses Byrd's cultural predicament as a provincial Virginian who strove to be an English gentleman. My purpose in this paper is not to challenge such an interpretation, nor to propose an alternative historical viewpoint, but rather to add the perspective of literary criticism to our reading of Byrd's prose itself. I shall argue that the “ southernness” of Byrd's writing is a characteristic less of his subject matter — his Virginian material — or of his biographical limitations, than of his style, and that the History of the Dividing Line charts enduring preoccupations of Byrd's writing career which reached perfectly self-conscious apotheosis in this, his most carefully composed and corrected work.


2013 ◽  
Vol 129 (3) ◽  
pp. 82-106 ◽  
Author(s):  
Bryn H. Tracy ◽  
Robert E. Jenkins ◽  
Wayne C. Starnes

Abstract North Carolina's river drainages continue to lose their faunal distinctiveness as nonnative fish species establish themselves and expand their distributions, resulting in biotic homogenization. One such example is the Pee Dee drainage on the Atlantic Slope. It is the most speciose drainage in North Carolina, inhabited by 113 species of which 34 are nonindigenous, many introduced from adjacent drainages. The history of fish investigations in the Pee Dee in North Carolina and Virginia is detailed herein. The fauna was first sampled by Cope in 1869 at two conjoined sites—Yadkin River and Gobble Creek, a small tributary at the Yadkin River site (Cope 1870). Cope described numerous new taxa from the drainage, and many subsequent researchers provided data that show additions of nonnative faunal elements. As a case study, indications are that Hypentelium roanokense, Roanoke Hog Sucker, Hypentelium nigricans, Northern Hog Sucker, and Moxostoma rupiscartes, Striped Jumprock, were cryptically introduced after the late 1950s. The Roanoke Hog Sucker, introduced as recently as the 2000s, is found only in three tributaries of the Ararat subsystem in North Carolina and Virginia. The Northern Hog Sucker has expanded its range very little, confined primarily to the North Fork Reddies and Ararat subsystems and a short segment of the mainstem Yadkin River in North Carolina. The Striped Jumprock is now in much of the upper Yadkin system, but not in Virginia, and at several sites in the South Yadkin subsystem. Natural dispersal of all three species is limited by dams and impoundments, but the dispersal by Striped Jumprock has probably been aided by multiple bait bucket introductions. Consequences of nonindigenous species introductions in the drainage are well known for some species but unknown for the Roanoke Hog Sucker, Northern Hog Sucker, and Striped Jumprock.


2015 ◽  
Vol 524-525 ◽  
pp. 166-177 ◽  
Author(s):  
Perrine Hamel ◽  
Rebecca Chaplin-Kramer ◽  
Sarah Sim ◽  
Carina Mueller

2021 ◽  
pp. 000276422110332
Author(s):  
Roslyn A. Mickelson ◽  
Jennifer B. Ayscue ◽  
Martha C. Bottia ◽  
Jerry J. Wilson

The unanimous 1954 Brown v. Board of Education opinion is one of the most consequential legal decisions of the 20th century. Even though it concerned government sanctioned racial segregation of public schools, many legal scholars, policy makers, and citizens see Brown’s impact going well beyond ordering the dismantling of de jure segregated public schools and instituting desegregated ones that would provide equitable high quality public education to all students irrespective of their race. Brown’s mandate overturned the notorious Plessy decision sanctioning legal segregation and exposed the fiction that separate could be equal in any institution or sphere of public life. But, progress toward Brown’s literal and figurative mandate has been halting and, at best, uneven. This article considers the question of whether the nation will achieve Brown’s mandate by its 100th anniversary in 2054. The authors reflect upon the relevant history of progress in Brown’s implementation and the current retrenchments on those gains that have returned this nation’s schools, in some districts, to pre- Brown levels of segregation. Using the state of North Carolina as a strategic case study, they speculate about the sets of social forces that may either discourage or encourage realization of Brown’ s mandate going forward. In doing so, they note population changes, national and local political factors, and other events that will either make it more or less likely that Brown’s mandate will be realized by 2054.


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