May It Please the Court: Law Students and Legal Research Instruction in Prison Law Libraries

Abstract

According to the administrative office of the U.S. Courts, a significant part of the present docket of federal district courts consists of prisoner litigation. This category of litigation, composed largely of habeas corpus petitions, civil rights suits, and suits related to prison conditions, is often pressed by prisoners whose only legal assistance is the resources and materials available in their prison law library. Although prisoner litigation is an essential means of ensuring that our prisons and criminal justice systems operate within the confines of the U.S. Constitution, these often poorly researched and poorly written lawsuits also present special challenges to the federal courts tasked with processing them. This article explores how establishing programs that involve law students in teaching legal research in prison law libraries could help to both ameliorate the burdens that prisoner litigation places on the federal court system and improve prison law libraries’ ability to provide prisoners with meaningful access to the courts. The article begins by discussing the history of prisoner litigation in federal courts and describes four models of legal research instruction and assistance that have been employed in prisons. Based on the lessons learned from these efforts, the article presents a proposal for a prison legal research clinic that could be established by interested law schools and their librarians, and discusses the benefits to law students, prisoners, and the courts that such a program has the potential to deliver.