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.

More from Pace

Imre Szalai, Professor of Law Elisabeth Haub School of Law at Pace University
In the Media

Second Circuit’s NFL Arbitration Ruling Extends to the Boardroom

Pace Haub Law Professor Imre Szalai provides expert commentary to Bloomberg Law regarding the Second Circuit’s recent decision in Flores v. New York Football Giants, Inc., which struck down the NFL’s arbitration provision giving Commissioner Roger Goodell final authority over discrimination disputes. Highlighting why commissioner-controlled arbitration fails in civil rights contexts, Professor Szalai explained: “Goodell would be a perfect decision maker about sports rules, like the notorious Tom Brady ‘Deflategate’ case, but not for a legal claim.”

Bennett L. Gershman, Elisabeth Haub School of Law Professor
In the Media

White House Sending Social Media Teams With FBI On Some Arrests In D.C.,…

Elisabeth Haub School of Law Professor Bennett Gershman speaks to Reuters about the reported use of social media teams during FBI arrests in D.C. “It’s an outrageous tactic for promotional purposes,” he said, calling it constitutionally and ethically problematic— the story garners national and international pickup.

Elisabeth Haub School of Law at Pace University Visiting Professor and Haub Scholar Sam Bookman
Press Release

Climate Law Scholar and Practitioner Sam Bookman joins Pace Haub Law as…

The Elisabeth Haub School of Law at Pace University is pleased to announce that Sam Bookman will be a Visiting Assistant Professor with the Law School for the Fall 2025 semester and he was also selected to serve as a Haub Visiting Scholar. While at Pace Haub Law, he will teach Climate Change Law and Constitutional Law.