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Margo Schlanger
Henry M. Butzel Professor of Law

Director, Civil Rights Litigation Clearinghouse


For a full list of publications and activities, please see the current CV.

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Scholarly Publications

"Trends in Prisoner Litigation, as the PLRA Enters Adulthood," forthcoming, U.C. Irvine L. Rev. (2015).
PDF via SSRN (draft) | Data Appendix

"How Prisoners' Rights Lawyers are Preserving the Role of the Courts," forthcoming, U. Miami L. Rev. (2015).
PDF via SSRN (draft)

"Intelligence Legalism and the National Security Agency's Civil Liberties Gap," 6 Harv. Nat'l Sec. J. 112 (2015).

"The Equal Employment Opportunity Commission and Structural Reform of the American Workplace," 91 Wash. U. L. Rev. 1519 (2014).
PDF | PDF via SSRN  
Replication Code - Figures and Tables
Replication Code - Statements in Text

"Offices of Goodness: Influence Without Authority In Federal Agencies," 36 Cardozo L. Rev. 53 (2014).
PDFPDF via SSRN | Source Appendix

"Prison Segregation: Symposium Introduction and Preliminary Data on Racial Disparities," 18 Mich. J. Race & L. 241 (2013).
PDF | Abstract and PDF (including data note) via SSRN

"Plata v. Brown and Realignment: Jails, Prisons, Courts, and Politics," 48 Harv. Civ. Rghts-Civ. Lib. L. Rev. 165 (2013).
PDF | Abstract and PDF via SSRNAppendix

"Women behind the Wheel: Gender and Transportation Law, 1960-1930," in Tracy A. Thomas & Tracey Jean Boisseau, eds., Feminist Legal History: Essays on Women and Law (2011).

"Regulating Segregation: The Contribution of the ABA Criminal Justice Standards on the Treatment of Prisoners," 47 Am. Crim. L. Rev. 1421 (2010).

"Against Secret Regulation: Why and How We Should End the Practical Obscurity of Injunctions and Consent Decrees," 59 DePaul L. Rev. 515 (2010). 

"How Should We Study District Judge Decision-Making?” 29 Wash. U. J. Law & Pol'y 83 (2009) (with Pauline Kim, Christina Boyd, Andrew D. Martin).

“Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act,” 11 Penn. J. Const. Law 139 (2008) (with Giovanna Shay).

"Operationalizing Deterrence: Claims Management (in Hospitals, a Large Retailer, and Jails and Prisons),”  2 Journal of Tort Law, issue 1, article 1 (2008).

"Jail Strip-Search Cases: Patterns and Participants," 71 Law & Contemp. Problems 65 (2008) (Symposium: Galanter-Influenced Scholars)
HTML | PDF | Appendix.pdf | Appendix.xls

"Hedonic Damages, Hedonic Adaptation, and Disability," 60 Vand. L. Rev. 745 (2007), with Sam Bagenstos
PDFAbstract and PDF via SSRN 

"Using Court Records for Research, Teaching, and Policymaking:  The Civil Rights Litigation Clearinghouse" 75 U.M.K.C. L. Rev. 153 (2006) (Symposium: NARA Federal Civil Court Records: New Territory for Empirical, Historical, and Legal Research), with Denise Lieberman

"What We Know and What We Should Know about American Trial Trends," 2006 J. Disp. Res. 35
PDFAbstract and PDF via SSRN  

"Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders,"  81 N.Y.U. L. Rev. 550 (2006)
Summary | PDF​PDF via SSRN  | Appendix

"Second Best Damage Action Deterrence," 55 DePaul L. Rev. 517 (2006) (Clifford Symposium)
Summary | PDF​Abstract and PDF via SSRN

Anne Morrison Piehl & Margo Schlanger, "Determinants of Civil Rights Filings in Federal District Court by Jail and Prison Inmates," 1 J. Empirical Legal Stud. 79 (2004). 
Summary | PDF | Appendix

Theodore Eisenberg & Margo Schlanger, "The Reliability of the Administrative Office of the U.S. Courts Dasabase: An Initial Empirical Analysis," 78 Notre Dame L. Rev. 1455 (2003). 
Summary | PDF 

"Inmate Litigation," 116 Harv. L. Rev. 1555 (2003).
 Summary | PDF | Appendix | Correspondence

"Gender Matters: Teaching a Reasonable Woman Standard in Personal Injury Law," 45 St. Louis Univ. L.J. 769 (2001). 

"Beyond the Hero Judge: Institutional Reform Litigation as Litigation. (Review Essay) 97 Mich. L. Rev. 1994 (1999).
Summary | PDF

"Injured Women before Common Law Courts, 1860-1930," 21 Harvard Women's L.J. 79 (1998).
Summary | PDF

Non-Scholarly Publications

"The Declining Prisoner Docket," Alliance for Justice Blog, Feb. 25, 2015

"U.S. Intelligence Reforms Still Allow Plenty of Suspicionless Spying on Americans,", Feb. 13, 2015

"When is it Ok to Racially Profile?" Politico Magazine,
Dec. 18, 2014

"Intelligence Legalism and the Torture Report,", Dec. 17, 2014

"Infiltrate the NSA," Democracy (Issue #35, Winter 2015); Dec. 15, 2014  and, Dec. 30, 2014
Democracy Link | The Atlantic Link

"A Civil Rights Lawyer Explains Why Obama's Immigration Order Is an Even Bigger Deal Than It Seems,", Nov. 25, 2014

"The Problem with Legalism in the Surveillance State,", Nov. 7, 2014

"A Cult of Rules: The Origins of Legalism in the Surveillance State,", Nov. 5, 2014

"Justice Alito Would Be Just Fine if Congress Undid Yesterday's Landmark Privacy Decision,", June 26, 2014
Link | PDF

"The Bigger No Fly List Problem,", June 25, 2014
Link | PDF

"Even Conservative Judges Can't Deny the Constitutional Logic of Same-Sex Marriage," The Daily Beast, May 18, 2014.
Link | PDF

"In the Story of Jonah, an Urgent Lesson About the Dangers of Solitary Confinement," Tablet Magazine, Sept. 11, 2013.
Link | PDF

ABA Criminal Justice Standards on the Treatment of Prisoners, Crim. Justice Mag., Summer 2010, at 14 (with Margaret Colgate Love & Carl Reynolds).

"Prison Litigation Reform Act Update," in The State of Criminal Justice, 2007-2008 (American Bar Association, Criminal Justice Section, Apr. 2008).

Testimony before the National Prison Rape Elimination Commission, The Role of Courts and Litigation in Regulating Prison and Jail Prevention of Sexual Violence and Misconduct (Dec. 6, 2007).  

Testimony before the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security, hearing on:  "Review of the Prison Litigation Reform Act: A Decade of Reform or an Increase in Prison Abuses" (Nov. 8, 2007). 

"The Political Economy of Prison and Jail Litigation," Prison Legal News, June 2007, at 1.

"Preserving the Rule of Law in America's Prisons: The Case for Amending the Prison Litigation Reform Act," An American Constitution Society Issue Brief, March 28, 2007, with Giovanna Shay 

Amicus Brief for the ACLU and other prisoners' advocacy organizations, Woodford v. Ngo, 05-416 (U.S. Supreme Court).

"Inmate Litigation: Results of a National Survey," National Institute of Corrections Large Jail Network Exchange, July 2003, at 1.
Summary | PDF | Survey Instruments

"National Prison Commission Begins Work," Correctional Law Reporter, June/July 2005, at 1.

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