Receiverships in the Prison Litigation Context: Factors Necessary for an Effective Judicial Remedy of Last Resort

Authors

Liat Weingart, Benjamin N. Cardozo School of Law

Abstract

This note examines the effectiveness of judicial receiverships as a last-resort remedy in institutional reform litigation, particularly in the context of prison systems. It argues that the success of receiverships depends on the court's ability to supervise effectively and ensure the receiver's independence from political influence. The analysis highlights that appointing executive agents as receivers often leads to conflicts of interest, undermining the remedy's effectiveness, and emphasizes the need for robust supervisory structures, such as Special Masters, to ensure accountability and alignment with court objectives.

Disciplines

Housing Law | Law | Law Enforcement and Corrections | Legal Remedies

Recommended Citation

Liat Weingart, Receiverships in the Prison Litigation Context: Factors Necessary for an Effective Judicial Remedy of Last Resort, 9 Cardozo Pub. L. Pol’y & Ethics J. 193 (2010).
Available at: https://larc.cardozo.yu.edu/cplpej/vol9/iss1/8