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

Students

After transferring to Elisabeth Haub School of Law at Pace University, Gabrielle Seebold found a program that aligned with her global ambitions—immersing herself in international law, securing a United Nations internship, and building a path toward a career as an international business attorney.

Faculty and Staff

Professor Amelia Wilson has been named the recipient of Elisabeth Haub School of Law at Pace University’s 2026 Faculty Award for Excellence in Teaching. The Faculty Award for Excellence in Teaching recognizes that outstanding pedagogy occurs in a variety of settings at the Law School—it can be found in courses of all sizes and types, in teachers with diverse styles, and across subject matters.

In the Media

Haub Law Professor Bennett Gershman pens an op-ed in amNewYork reflecting on the legacy of Bob Hall, a pioneering wheelchair marathoner who helped transform access and inclusion in competitive athletics. Drawing on his own experience as a lawyer in the case, Gershman highlights the legal and cultural barriers Hall challenged, underscoring how his advocacy reshaped opportunities for athletes with disabilities.