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95 N.Y.U. L. Rev. 1 (2020)

handle is hein.journals/nylr95 and id is 1 raw text is: NEW YORK UNIVERSITY LAW REVIEW VOLUME 95 APRIL 2020 NUMBER 1 ARTICLES THE PRISONER AND THE POLITY AVLANA K. EISENBERG* All punishment comes to an end. Most periods of imprisonment are term limited, and ninety-five percent of prisoners will eventually leave prison. Though it is tempting to think of the end in concrete, factual terms for example, as the moment when the prisoner is released this concept also has normative dimen- sions. Core to the notion of term-limited imprisonment is the principle of return: the idea that, when the prisoner has completed his or her time, that person is enti- tled to return to society. Yet, for the principle of return to be meaningful, it must include the idea of a fair chance of reestablishing oneself in the community. The practices of incarceration including the prison environment and prison pro- grams-are thus critically important because they can either facilitate or impede a prisoner's reentry into society. However, apart from the question of whether condi- tions of confinement are cruel and unusual as defined by the Eighth Amendment, these practices of incarceration have largely avoided scholarly scrutiny. * Copyright © 2020 by Avlana K. Eisenberg, Assistant Professor, Florida State University College of Law; J.D., Stanford Law School; B.A., Yale University. I am grateful to David Ball, Rachel Barkow, William Berry, Stephanos Bibas, Michael Cahill, Jenny Carroll, Richard Chen, Michael Coenen, James Coleman, Sharon Dolovich, Ronald Eisenberg, Dave Fagundes, Kim Ferzan, James Forman, John Goldberg, Lauryn Gouldin, Carissa Hessick, Marc Howard, Rebecca Hollander-Blumoff, Thea Johnson, Emma Kaufman, Orin Kerr, Michael Klarman, David Kwok, Youngjae Lee, Nancy Leong, Larry Lessig, Kay Levine, Wayne Logan, Billy Magnuson, Ion Meyn, Eric Miller, Martha Minow, Bradley Oppenheimer, Leah Plunkett, Daphna Renan, Jenny Roberts, Chris Robertson, Laura Rosenbury, Meghan Ryan, Emily Satterthwaite, Margo Schlanger, Mark Seidenfeld, David Sklansky, Sonja Starr, Carol Steiker, Matthew Stephenson, Jenia Turner, Bob Weisberg, Samuel Wiseman, Andrew Woods, Jordan Woods, Jonathan Zittrain, and workshop participants at the Harvard/Yale/Stanford Junior Faculty Forum, Florida State University College of Law, Fordham Law School, Boston College Law School, the University of Houston Law Center, the AALS Criminal Justice Section Conference, the Chapman Law Junior Faculty Conference, and the Southeastern Law Scholars Conference for helpful comments and conversations; to Margaret Clark, Elizabeth Clifford, Kathryn Crandall, Mary McCormick, Barbara Kaplan, and Katie Miller for excellent research assis- tance; and to the editors of the New York University Law Review for superb editorial assistance. 1 Imaged with Permission of N.Y.U. Law Review

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