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Statute

Eighth Amendment

833 published works

  1. PrawfsBlawg

    Confidence- and Emotion-Denotive Language

    By prawfsblawg@gmail.com

    Main Monday, January 29, 2024Confidence- and Emotion-Denotive LanguageDenotive language formally indicates something about how a judge has voted in a particular case. In an earlier post, I distinguished judgment-denotive language,…

  2. PrawfsBlawg

    Camping ban case

    By prawfsblawg@gmail.com

    Main Friday, January 12, 2024Camping ban caseA fascinating and potentially important case from the 9th circuit involving Oregon's so-called camping ban. Pits the wicked problem of homelessness in cities around…

  3. Criminal

    Might a couple very different Eighth Amendment issues still get on the SCOTUS docket this Term?

    By Douglas Berman

    Over at SCOTUSblog, John Elwood has the latest of his always informative "Relist Watch" posts available here with the title "OT2023’s last grants?".  Here is an accounting for that title:The…

  4. Criminal

    “Democratizing the Eighth Amendment”

    By Douglas Berman

    The title of this post is the title of this new article recently posted to SSRN and authored by Erin Braatz. Here is its abstract:The concept of evolving standards of…

  5. Real Estate, Land Use & Environmental Law Blog

    Supreme Court Weighs Whether to Clarify Camping Bans and Homelessness Policies

    By Alex Merritt

    Local ordinances prohibiting camping or sleeping outdoors have created widespread controversy. Affected cities and states contend that the two Ninth Circuit rulings on the issue are confusing and preclude them…

  6. Nahmod Law

    The Homeless, The Eighth Amendment & Judicial Limits: A Divided Ninth Circuit

    By Sheldon Nahmod

    It is typically prisoners who bring §1983 Eighth Amendment claims for damages and prospective relief against prison officers and officials. But what of §1983 Eighth Amendment actions brought by non-prisoners…

  7. Other

    Might a real originalist turn in Eighth Amendment jurisprudence help many more criminal defendants than it would hurt?

    By Douglas Berman

    The question in the title of this post is prompted by this new Reuters article about a recent speech delivered by Judge Thomas Hardiman.  The press piece is headlined "US…

  8. Sentencing Law and Policy

    "Extraordinary Punishment: Conditions of Confinement and Compassionate Release"

    By Douglas Berman

    The title of of this post is the title of this notable new article authored by Meredith Esser and now available via SSRN.  Here is its abstract: People experience severe…

  9. Criminal

    “Extraordinary Punishment: Conditions of Confinement and Compassionate Release”

    By Douglas Berman

    The title of of this post is the title of this notable new article authored by Meredith Esser and now available via SSRN.  Here is its abstract:People experience severe forms…

  10. Government and Public Policy

    Finding broader Eighth Amendment echoes from Fifth Circuit’s ruling that lifetime felon disenfranchisement is unconstitutional

    By Douglas Berman

    It has been quite an interesting month for interesting Fifth Circuit opinions, and I am still hoping to find some time to comment on the Circuit's split panel ruling last…