Marissa C.M. Doran

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Lawsuits as Information: Prisons, Courts, and a Troika Model of Petition Harms

122 Yale L.J. 1024 (2013). This Note is about the practice of conditioning recovery for violations of prisoners’ intangible constitutional rights, like First Amendment petition rights, upon a showing of physical injury. It argues that the prior physical injury requirement of the Prison Litigation Reform Act is unconstitutional as applied to petition violations because it arbitrarily impairs prisoners’ right to...