(a) In order to create a protected liberty interest in the prison context, state regulations must use "explicitly mandatory language" in connection with the establishment of "specific substantive predicates" to limit official discretion, and thereby require that a particular outcome be reached upon a finding that the relevant criteria have been met.
Justice Scalia said to accept a broad definition of compulsion in the prison context would lead to many problems.
In the prison context, the new BBV policy includes an opt-out test offer for HIV, HBV and HCV for all prisoners within 72 h of arrival and to existing prisoners, excluding those tested within the last 12 months and not subsequently put themselves at risk; known to be positive for a BBV and for HBV if they have evidence of a negative result and have been fully vaccinated.
Since the path-breaking study Beckford and Gilliat conducted about the accommodation of religious diversity in English and Welsh prisons (Beckford & Gilliat, 1998), an increasing amount of literature has addressed religious diversification in the prison context.
Most of our procedural due process cases in the prison context have turned on the presence or absence of language creating "substantive predicates" to guide discretion.
A recurrent theme within the literature was that there are no clear causal pathways for social capital and outcomes in the prison context.
Rather than being transparent, the state in the prison context is instead opaque, multifaceted, increasingly privatized, and characterized by high levels of decentralization, delegation, and discretion that render ambiguous the locus of official state authority.
"Almost laughably, art in the prison context is promoted as useful sublimation -- as 'therapy,'" Kelley wrote.
Only one trial of DBST to date demonstrated feasibility in the prison context but was not powered to determine effectiveness.
