Abstract

http://ssrn.com/abstract=2050498
 


 



Exhausted


Giovanna Shay


Western New England University School of Law

April 1, 2012

Federal Sentencing Reporter, Vol. 24, p. 287, 2012
Western New England University School of Law Legal Studies Research Paper No. 12-6

Abstract:     
The Prison Litigation Reform Act (PLRA) contains an administrative exhaustion provision that was interpreted by the Supreme Court in Woodford v. Ngo in 2006 to impose a procedural default component. This piece argues that we should take seriously Justice Breyer’s Woodford concurrence, in which he noted that administrative law doctrine contains well-established exceptions to exhaustion. Although this point might at first seem inconsistent with other Supreme Court cases interpreting the PLRA, this Article argues that Justice Breyer’s concurrence can be reconciled with those opinions. PLRA exhaustion invokes regular administrative law exhaustion doctrine so long as it is not inconsistent with the statute. More generally, the Article argues that we should take administrative law seriously in the corections context.

Number of Pages in PDF File: 6

Keywords: Prison Litigation Reform Act, PLRA, exhaustion requirement, Woodford v. Ngo

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Date posted: May 4, 2012 ; Last revised: May 5, 2012

Suggested Citation

Shay, Giovanna, Exhausted (April 1, 2012). Federal Sentencing Reporter, Vol. 24, p. 287, 2012; Western New England University School of Law Legal Studies Research Paper No. 12-6. Available at SSRN: http://ssrn.com/abstract=2050498

Contact Information

Giovanna E. Shay (Contact Author)
Western New England University School of Law ( email )
1215 Wilbraham Rd.
Springfield, MA
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