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Statute

Eighth Amendment

833 published works

  1. Criminal

    “Science and the Eighth Amendment”

    By Douglas Berman

    The title of this post is the title of this book chapter by Meghan Ryan just made available via SSRN.  Here is its abstract:As time hurtles forward, new science constantly…

  2. Sentencing Law and Policy

    Still considering cert, SCOTUS orders additional letter briefing in method-of-execution case out of Missouri

    By Douglas Berman

    As noted here, the US Supreme Court had fully briefed last November a set of notable questions about how modern Eighth Amendment method-of-execution claims are to be properly resolved.  The…

  3. Criminal

    Still considering cert, SCOTUS orders additional letter briefing in method-of-execution case out of Missouri

    By Douglas Berman

    As noted here, the US Supreme Court had fully briefed last November a set of notable questions about how modern Eighth Amendment method-of-execution claims are to be properly resolved.  The…

  4. Criminal

    “Punitive Surveillance”

    By Douglas Berman

    The title of this post is the title of this notable new paper by Kate Weisburd now available via SSRN. Here is its abstract:Is there a “punishment exception” to the…

  5. Sentencing Law and Policy

    "The Burdens of the Excessive Fines Clause"

    By Douglas Berman

    The title of this post is the title of this new article now available via SSRN authored by Beth Colgan. Here is its abstract: A key component is missing from…

  6. EvidenceProf Blog

    The Supreme Court Issues a (Possibly) Landmark Ruling on Qualified Immunity

    By Colin Miller

    Yesterday, the United States Supreme Court issued a summary disposition in McCoy v. Alamu that could end up being a landmark ruling on qualified immunity. So, what is qualified immunity?…

  7. Sentencing Law and Policy

    "Evading the Eighth Amendment: Prison Conditions and the Courts"

    By Douglas Berman

    The title of this post is the title of this book chapter authored by Sharon Dolovich now available va SSRN.  Here is its abstract: The greater the “slippage” between Eighth…

  8. Criminal

    “Evading the Eighth Amendment: Prison Conditions and the Courts”

    By Douglas Berman

    The title of this post is the title of this book chapter authored by Sharon Dolovich now available va SSRN.  Here is its abstract:The greater the “slippage” between Eighth Amendment…

  9. Criminal

    Eighth Circuit panel affirms (within-guideline) sentence of 2.5 years for illegal possession of a single bullet

    By Douglas Berman

    Decade of study can make one nearly numb to the variety of remarkable stories involving our criminal justice systems ordering people to live long periods in cages for what seems…

  10. Appellate Law Blog

    8th Circuit: A Dissent on Summary Judgment and Inmate Rights

    By Michael Gross

    A recent dissent by Judge Kelly in an Eighth Circuit civil rights case highlights an interesting fact. Prison inmates (and individuals committed involuntarily to mental health institutions) are the only…