Statute
Eighth Amendment
833 published works
PrawfsBlawg
Confidence- and Emotion-Denotive Language
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,…
PrawfsBlawg
Camping ban case
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…
Criminal
Might a couple very different Eighth Amendment issues still get on the SCOTUS docket this Term?
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…
Criminal
“Democratizing the Eighth Amendment”
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…
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…
Nahmod Law
The Homeless, The Eighth Amendment & Judicial Limits: A Divided Ninth Circuit
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…
Other
Might a real originalist turn in Eighth Amendment jurisprudence help many more criminal defendants than it would hurt?
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…
Sentencing Law and Policy
"Extraordinary Punishment: Conditions of Confinement and Compassionate Release"
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…
Criminal
“Extraordinary Punishment: Conditions of Confinement and Compassionate Release”
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…
Government and Public Policy
Finding broader Eighth Amendment echoes from Fifth Circuit’s ruling that lifetime felon disenfranchisement is unconstitutional
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…