In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight.

The casebook is supplemented by a companion site, Incarcerationlaw.com, that offers additional resources and sources for further reading. The site includes open-access (unedited) versions of the relevant judicial opinions, a statutory supplement, lower court case summaries and documents, full versions of the many sources excerpted in the casebook, links to sources cited in the casebook and others, the data that underlie casebook figures, and more.


Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 05/26/2020

Margo Schlanger, University of Michigan Law School

Sheila Bedi, Northwestern University School of Law

David M. Shapiro, Northwestern University School of Law

Lynn S. Branham, University of Missouri-Columbia School of Law

CasebookPlus™

This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class – on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:

  • A new print or digital casebook
  • Access to a downloadable eBook with the ability to highlight and add notes
  • 12-month access to a digital Learning Library complete with:
Multiple-choice self-assessment questions, including:
  • Chapter questions keyed to the casebook
  • Black Letter Law questions (available in select subjects)
  • Subject area review questions for end of semester use
Essay and short answer questions with sample answers and expert commentary, in 1L and select upper-level subjects

Leading digital study aids, an outline starter, and audio lectures in select subjects

Students can still utilize CasebookPlus digital resources if they’ve purchased a used book or are renting their text by purchasing the Learning Library at westacademic.com.

With CasebookPlus, you can customize your students’ learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students’ understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards.

  • Much expanded (more than double prior 440 pages)
  • New chapters:
    • Solitary confinement
    • Programming/work/reentry
    • Sexual abuse
    • Race and national origin discrimination
    • Women prisoners
    • LGBTQ prisoners
    • Disability
    • Injunctive litigation
    • Damages causes of action
    • Private prisons and prison contractors
    • Criminal prosecution of prison and jail staff
    • Voting and oversight
  • Much more coverage of statutes, including: the Prison Litigation Reform Act, Americans with Disabilities Act, Religious Land Use and Institutionalized Persons Act, the federal civil rights conspiracy statute, and the Prison Rape Elimination Act.
  • Inclusion of international law in chapters addressing solitary confinement and women prisoners.
  • Inclusion of writing and trial testimony from prisoners and people who were formerly incarcerated.
  • New resource website

Learn more about this series.