Berkeley Journal of Criminal Law Volume 14 | Issue 2 Article 1 2010 Ad Law Incarcerated Giovanna Shay Recommended Citation Giovanna Shay, Ad Law Incarcerated, 14 Berkeley J. Crim. L. 329 (2010). Available at: http://scholarship.law.berkeley.edu/bjcl/vol14/iss2/1 This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of Criminal Law by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact
[email protected]. Shay: Ad Law Incarcerated Ad Law Incarcerated Giovanna Shayt INTRODUCTION: THE REGULATION OF "MASS INCARCERATION" 1 The United States has over two million prisoners, 2 the largest incarcerated population worldwide. 3 Our nation has been described as a "carceral state" with a policy of "mass imprisonment, '4 and our vast prison system has been termed a "prison industrial complex." 5 Massive growth in the prison t Assistant Professor of Law, Western New England College School of Law. Thanks are due to Ty Alper, Bridgette Baldwin, Rachel Barkow, John Boston, Erin Buzuvis, Jamie Fellner, Amy Fettig, James Forman, Jr., Lisa Freeman, Betsy Ginsberg, Valerie Jenness, Johanna Kalb, Diana Kasdan, Christopher N. Lasch, Art Leavens, Dori Lewis, Jerry Mashaw, Michael Mushlin, Alexander Reinert, Andrea Roth, Melissa Rothstein, Margo Schlanger, Sudha Setty, Robert Tsai, and the Feminist Legal Theory Workshop at Emory School of Law, especially Martha Fineman and Pamela Bridgewater, for inviting me to participate, and Kim Buchanan, Kristin Bumiller, Brett Dignam, and Cole Thaler for their comments.