Statute
Eighth Amendment
833 published works
Legal Theory Blog
Saxer on Forfeiture and Takings
Shelley Ross Saxer (Pepperdine University - Rick J. Caruso School of Law) has posted Forfeiture Takings on SSRN. Here is the abstract: Forfeiture laws allow law enforcement to seize property…
Criminal
“Forfeiture Takings”
The title of this post is the title of this new article authored by Shelley Ross Saxer now on SSRN. Here is its abstract:Forfeiture laws allow law enforcement to seize…
Appellate and Supreme Court
“Unlocking State Punishment Clauses”
The title of this post is the title of this new article authored by William Berry III now available via SSRN. Here is its abstract:The United States Supreme Court has…
Sentencing Law and Policy
Notable new <em>Business Insider</em> analysis of prisoner Eighth Amendment lawsuits
Business Insider has recently published a series of pieces focused on prison Eighth Amendment lawsuits. The full title of this leading piece provide a summary of its findings and themes:…
Criminal
Notable new <em>Business Insider</em> analysis of prisoner Eighth Amendment lawsuits
Business Insider has recently published a series of pieces focused on prison Eighth Amendment lawsuits. The full title of this leading piece provide a summary of its findings and themes:…
Sentencing Law and Policy
Lots of <em>Rahimi</em> GVRs and a curious GVR in long-simering Eighth Amendment capital eligibility case in new SCOTUS order list
The Supreme Court is back in action this week, and this morning it released this notable new order list. The start and end of the list will be of greatest…
Criminal
“Child Rape and the Death Penalty”
The title of this post is the title of this new paper authored by Rosemary Ardman now available via SSRN. Here is its abstract:In May 2023, Florida authorized the death…
Sentencing Law and Policy
"The 'Alito Hypothesis' in an Era of Emboldened One-Party State Rule"
The title of this post is the title of this new essay now available via SSRN authored by Wayne Logan. Here is its abstract: The Supreme Court has long relied…
Criminal
“The ‘Alito Hypothesis’ in an Era of Emboldened One-Party State Rule”
The title of this post is the title of this new essay now available via SSRN authored by Wayne Logan. Here is its abstract:The Supreme Court has long relied upon…
Sentencing Law and Policy
Speculating about many SCOTUS relists in Eighth Amendment capital case concerning intellectual disability
Ian Millhiser has this interesting new Vox piece discussing the oft-relisted Supreme Court case of Hamm v. Smith under the headline "The strange case that the Supreme Court keeps refusing…