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Statute

Eighth Amendment

833 published works

  1. Criminal

    “Suffering Before Execution”

    By Douglas Berman

    The title of this post is the title of this new article authored by Lee Kovarsky now available via SSRN.  Here is its abstract:When condemned people suffer before their executions,…

  2. Sentencing Law and Policy

    "Unconstitutional Punishment Categories"

    By Douglas Berman

    The title of this post is the title of this article authored by William W. Berry III now available via SSRN. Here is its abstract: Two terms ago, the Supreme…

  3. Constitutional Law Prof Blog

    Mixed Immunity Ruling in Fourth Circuit Prisoner Failure-to-Treat Claim

    By Steven D. Schwinn

    The Fourth Circuit issued a mixed ruling on qualified immunity to two different doctors, with very different roles, in a prisoner's Eighth Amendment failure-to-provide-adequate-treatment claim. The court also ruled that…

  4. Constitutional Law Prof Blog

    No Bivens Cause of Action for “Systemwide” Conditions-of-Confinement Claim, Fourth Circuit Says

    By Steven D. Schwinn

    The Fourth Circuit ruled that a federal prisoner did not have a Bivens cause of action for a conditions-of-confinement claim under the Eighth Amendment. The ruling means that the prisoner…

  5. Sentencing Law and Policy

    "No Sense of Decency"

    By Douglas Berman

    The title of this post is the title of this new paper authored by Kathryn Miller now available via SSRN. Here is its abstract: For nearly seventy years, the Court…

  6. Sentencing Law and Policy

    "Inflation and the Eighth Amendment"

    By Douglas Berman

    The title of this post is the title of this new paper recently posted to SSRN and authored by Meara Maccabee, a student at The Ohio State University Moritz College…

  7. Criminal

    “Inflation and the Eighth Amendment”

    By Douglas Berman

    The title of this post is the title of this new paper recently posted to SSRN and authored by Meara Maccabee, a student at The Ohio State University Moritz College…

  8. Criminal

    Extended discussion of the messy uncertainty of Excessive Fines jurisprudence from Ohio Supreme Court

    By Douglas Berman

    Earlier this month, as well detailed in this lengthy courthouse news piece headlined "Court-Ordered Truck Forfeiture for Third Drunk-Driving Offense Found Constitutional," a split Ohio Supreme Court upheld the forfeiture…

  9. Sentencing Law and Policy

    Noting opaque SCOTUS rulings, split Ninth Circuit panel rejects habeas Eighth Amendment claim against 292-year prison term

    By Douglas Berman

    Being sentenced to serve in 292 years in prison for a bunch of non-violent offenses certainly seems pretty "cruel."  And such an extreme prison term is still somewhat "unusual" in…

  10. Simple Justice

    Short Take: Return of the Spank?

    By Scott Greenfield

    Sure, the Supreme Court held that corporal punishment in schools was not cruel and unusual in violation of the Eighth Amendment in Ingraham v. Wright, but we’re better than that…