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The "Fourth Stream": the power of hidden participants to implement policy with the aid of the high courts

[journal article]

Swan, Robert

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Abstract Due to financial constraints and a lack of bed space caused by a large influx of inmates over the last decade, the Oregon Department of Corrections has been utilizing penal policy that – in one form or another – involves the interstate import and export of prisoners. However, in order to transport, exchange or “lease” inmates to states, the Oregon Department of Corrections must utilize the Federal Interstate Compact Act, and in so doing, has entered into various interstate corrections compact. The original purpose of the Federal Interstate Compact has evolved over time and the actual legal authority allowing Oregon to transfer inmates to out-of-state prisons is quite murky. Similarly, though it appears that the evolution of interstate compacts allowing the interstate transfer of prisoners has primarily been propelled by high court decisions, the role of legislation is less clear. (author's abstract)
Keywords political decision; legitimation; political institution; judicial power; Supreme Court; policy implementation; political influence; judiciary; correctional institution; prisoner; United States of America
Classification Political System, Constitution, Government; Judiciary
Document language English
Publication Year 2004
Page/Pages p. 1-28
Journal Federal Governance, 1 (2004) 1
ISSN 1923-6158
Status Published Version; peer reviewed
Licence Basic Digital Peer Publishing Licence