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Eighth Amendment
833 published works
Last Month at the Supreme Court
Supreme Court Takes On the Constitutionality of Ordinances Against Homeless People
By Chantel Febus, James Azadian, Christopher Sakauye, Monika Harris, Puja R. Valera, Dykema
In City of Grants Pass v. Johnson, the Supreme Court addresses whether a city’s enforcement of generally applicable ordinances that regulate camping on public property constitutes “cruel and unusual punishment”…
Criminal
Puzzling through the reach and application of the Eighth Amendment inspired by SCOTUS argument in <em>Grants Pass</em> case
I have listened to most of yesterday's Supreme Court oral argument in City of Grants Pass v. Johnson. I share the basic sentiments reflected in the headlines of these press accounts…
Criminal
Lots of criminal justice issues this week at SCOTUS oral arguments
The Supreme Court gets back to hearing oral arguments on Monday, as it begins an April sitting full of notable criminal cases. Next week brings argument on the notable Eighth…
Sentencing Law and Policy
Might the Supreme Court completely rewrite Eighth Amendment jurisprudence in the <em>Grants Pass</em> case?
The question in the title of this post is discussed at some length in this new Marshall Project piece, which carries this full headline: "This Supreme Court Case on Homelessness…
Criminal
Might the Supreme Court completely rewrite Eighth Amendment jurisprudence in the <em>Grants Pass</em> case?
The question in the title of this post is discussed at some length in this new Marshall Project piece, which carries this full headline: "This Supreme Court Case on Homelessness…
Sentencing Law and Policy
End-of-month round up of all sorts of stories and commentaries
March madness has been something of a work reality for me with all sorts of events and travel keeping me from fully keeping up with all the sentencing and criminal…
The Right Coast
New York s Letitia James Has Got Her Man – WSJ
Regarding your editorial Letitia James Turns the Screws on Trump (March 19): Besides giving a new definition to the term victimless crime, this whole affair is leading toward a gross…
For Good
Proskauer Secures Settlement in Prisoner Rights Litigation
Since 2020, Proskauer has acted as pro bono legal counsel representing an inmate in the Illinois Department of Corrections (“IDOC”) in connection with his Eighth and Fourteenth Amendment claims in…
Appellate and Supreme Court
“Eighth Amendment Stare Decisis”
The title of this post is the title of this new paper authored by William W. Berry III and available via SSRN. Here is its abstract:In 2008, the United States…
For Good
Proskauer Obtains Vacatur of Summary Judgment Entered Against Incarcerated Pro Bono Client
Proskauer recently prevailed at the Second Circuit on behalf of our incarcerated pro bono client, James Thomas, in an appeal that determined that Mr. Thomas was not provided adequate notice…