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Statute

Eighth Amendment

833 published works

  1. Criminal

    “Narrowing Death Eligibility in Idaho: An Empirical and Constitutional Analysis”

    By Douglas Berman

    The title of this post is the title of this new paper recently posted to SSRN authored by Aliza Cover.  Here is its abstract:The death penalty is a uniquely severe…

  2. Government Contracts Legal Forum

    A False Claims Act First: Eleventh Circuit Holds That the Excessive Fines Clause Applies to Non-Intervened Cases

    By Brian Tully McLaughlin, Michael Shaheen, Lyndsay Gorton

    In an issue of first impression, the Eleventh Circuit Court of Appeals recently held that the Excessive Fines Clause of the Eighth Amendment to the Constitution applies in non-intervened False…

  3. Sentencing Law and Policy

    Will SCOTUS take up challenge to Georgia's remarkable standard for implementing Eighth Amendment's ban on executing the intellectually disabled?

    By Douglas Berman

    The question in the title of this post is prompted by this new Sidebar piece by Adam Liptak for the New York Times about Georgia's unique way for (not quite)…

  4. Sentencing Law and Policy

    Henry Montgomery (of <em>Montgomery v. Louisiana</em>) finally granted parole at age 75

    By Douglas Berman

    Henry Montgomery back in 2016 won in the US Supreme Court with his claim that the landmark Eighth Amendment decision in Miller v. Alabama must be applied retroactively. But that…

  5. Gender and the Law Prof Blog

    First person to receive gender surgery in prison seeks $2.8M in legal fees

    By Amanda Fisher

    Inmate who sued for gender surgery seeks $2.8M in legal feesBOISE, Idaho (AP) — A former Idaho inmate who became the first person to receive court-ordered gender confirmation surgery after…

  6. Health Law Prof Blog

    Eighth Amendment Jurisprudence and Transgender Inmates: The “WPATH” to Evolving Standards of Decency

    By Katharine Van Tassel

    Bryce Daniels (University of Notre Dame), Eighth Amendment Jurisprudence and Transgender Inmates: The “WPATH” to Evolving Standards of Decency, 2021 Mich. State L. Rev. (2021):There has never been a greater…

  7. Gender and the Law Prof Blog

    Eighth Amendment Jurisprudence and Transgender Inmates: The “WPATH” to Evolving Standards of Decency

    By Amanda Fisher

    Eighth Amendment Jurisprudence and Transgender Inmates: The “WPATH” to Evolving Standards of DecencyBy: Bryce DanielsPublished in: Michigan State Law Review, Vol. 2021, No. 1, 2021There has never been a greater…

  8. Sentencing Law and Policy

    Might any Justices be intrigued by notion that Eighth Amendment originalism makes the Boston Marathon bomber's death sentence suspect?

    By Douglas Berman

    I have always been intrigued by writings by Michael J.Z. Mannheimer making originalist claims about the Eighth Amendment as a unique and distinctive limit on federal punishments.  As he explains…

  9. Criminal

    Might any Justices be intrigued by notion that Eighth Amendment originalism makes the Boston Marathon bomber’s death sentence suspect?

    By Douglas Berman

    I have always been intrigued by writings by Michael J.Z. Mannheimer making originalist claims about the Eighth Amendment as a unique and distinctive limit on federal punishments.  As he explains…

  10. Criminal

    “When the Conditions Are the Confinement: Eighth Amendment Habeas Claims During COVID-19”

    By Douglas Berman

    The title of this post is the title of this new paper authored by Michael Zuckerman with an abstract now available via SSRN.  Here is that abstract:The COVID-19 pandemic cast…