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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.

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Imaged  with Permission  of N.Y.U. Law  Review

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