Faculty and Staff

Powerless Beings: Solitary Confinement of Humans and Non Humans in America

Posted
May 9, 2024

Everyday thousands of humans and millions of nonhumans endure solitary confinement. Human prisoners held in this way are confined for 22 to 24 hours a day for weeks, months, or even years on end in cells the size of a parking space. For these humans, the experience is tortuous. Captive animals held in solitary confinement similarly spend much of their lives locked into tiny spaces, isolated, and deprived of the types of interactions and environment essential to their wellbeing. And, like humans, they are driven mad. In human and nonhuman settings, the agony of solitary is chillingly alike and harmful. And, in neither setting is it justifiable or necessary.

In their article, Powerless Beings: Solitary Confinement of Humans and Non Humans in America, published in Nebraska Law Review, Haub Law Professors Michael Mushlin and David Cassuto use a comparative format to examine the moral, penological and scientific shortcomings of solitary confinement across species. The article sheds light on the importance of empowering all creatures subjected to solitary confinement. “If we adequately protect all vulnerable beings, the unnecessary suffering inflicted by solitary confinement will finally end,” they write.

Read The Article

More from Pace

In the Media

The order ​“promised to bring about significant changes in Westchester County’s historic failure to provide affordable housing. We and groups around it were hopeful, excited,” says Bennett Gershman, a Pace University law professor who tracked the county’s progress on the settlement. ​“The words that come to mind now are ​‘slow,’ ​‘frustrating,’ ​‘foot dragging.’ Yes, there’s been progress, but it’s been halting, sluggish.”

In the Media

Under Horace E. Anderson Jr., Pace University’s Elisabeth Haub School of Law has increased its enrollment, donations, full-time faculty and partnerships with leading universities worldwide. Anderson, an intellectual property and technology law specialist who joined the faculty in 2004, recently established the Sustainable Business Law Hub, a research incubator devoted to global sustainability. The school now boasts the nation’s top-ranked environmental law program, according to U.S. News & World Report. Anderson also strengthened social justice and community ties through the new Pace Access to Justice Project.

In the Media

Someone who reads a false, AI-generated statement, doesn’t confirm it, and widely shares that information does bear responsibility and could be sued under current libel standards, Leslie Garfield Tenzer, a professor at the Elisabeth Haub School of Law at Pace University, told me.