Article Title

A Comment on the Model Act

Publication Title

Washington University Law Quarterly


A Model Act for the Protection of Rights of Prisoners (Model Act) attempts to enroll the courts in more vigorous efforts to improve the treatment of inmates, to encourage inmates by broadening access to the courts for redress of grievances, and to provide the courts with a more precise measure of permissible and non-permissible treatment of inmates. It is doubtful that a model act is the best vehicle for accomplishing any of these goals. A model act that does not address itself to the agency that has the authority to carry it out and that fails to require that agency’s conformance, under pain of penalty, is too passive and therefore doomed to failure.