| Title |
Author |
Type |
Date |
Words |
| COURTS, CULTURE, AND THE LETHAL INJECTION STALEMATE. |
Berger, Eric |
|
Oct 1, 2020 |
31590 |
| INMATE CONSTITUTIONAL CLAIMS AND THE SCIENTER REQUIREMENT. |
Woolhandler, Ann; Collins, Michael |
|
Oct 1, 2020 |
10767 |
| STEPPING INTO THE "WRONG" NEIGHBORHOOD: A CRITIQUE OF THE PEOPLE V. ALBILLAR'S EXPANSION OF CALIFORNIA PENAL CODE SECTION 186.22(a) AND A CALL TO REEXAMINE THE TREATMENT OF GANG AFFILIATION. |
Dipietro, Samuel |
|
Jun 22, 2020 |
13890 |
| DENIALISM AND THE DEATH PENALTY. |
Condon, Jenny-Brooke |
|
Jun 1, 2020 |
26268 |
| FEES, FINES, BAIL, AND THE DESTITUTION PIPELINE. |
|
Discussion |
Apr 1, 2020 |
3820 |
| TOWARD A DEMOSPRUDENCE OF POVERTY. |
Bell, Monica; Garlock, Stephanie; Nabavi-Noori, Alexander |
|
Apr 1, 2020 |
24411 |
| JUVENILE LIFE WITHOUT PAROLE IN NORTH CAROLINA. |
Finholt, Ben; Garrett, Brandon L.; Modjadidi, Karima; Renberg, Kristen M. |
|
Mar 22, 2020 |
14817 |
| Risk of Choking to Death on One's Own Blood Is Not Cruel and Unusual Punishment: Bucklew v. Precythe. |
Mears, Calla M. |
|
Mar 22, 2020 |
10197 |
| Are Criminals Bad or Mad? Premeditated Murder, Mental Illness, and Kahler v. Kansas. |
Larkin, Paul J., Jr.; Canaparo, GianCarlo |
|
Jan 1, 2020 |
31448 |
| A PURPOSIVE APPROACH TO INTERPRETING AUSTRALIA'S COMPLEMENTARY PROTECTION REGIME. |
Lloyd, Alice |
|
Dec 1, 2019 |
15571 |
| EXPERIMENTAL PUNISHMENTS. |
Stinneford, John F. |
|
Nov 1, 2019 |
24262 |
| Considering a Juvenile Exception to the Felony Murder Rule. |
Dobscha, Katherine |
|
Sep 22, 2019 |
19219 |
| Healthcare Law--Intentional Inmate Discrimination: The Overlooked Connection Between Eighth Amendment Claims and Title VII Cases--Richmond v. Huq, 885 F.3d 928 (6th Cir. 2018). |
Barclay, George |
|
Sep 22, 2019 |
9743 |
| DEATH WITH DIGNITY FOR THE SEEMINGLY UNDIGNIFIED: DENIAL OF AID IN DYING IN PRISON. |
Messinger, Kathleen S. |
|
Jun 22, 2019 |
18472 |
| De facto life sentences for juveniles permitted. |
Cresenzo, Bill |
|
Apr 10, 2019 |
736 |
| ZIGLAR V. ABBASI AND ITS EFFECT ON THE CONSTITUTIONAL RIGHTS OF FEDERAL PRISONERS. |
Pereyra, Julio |
|
Mar 22, 2019 |
10356 |
| Cruel and Unusual Corporate Punishment. |
Wagner, Robert |
|
Mar 22, 2019 |
16975 |
| EVOLVED STANDARDS, EVOLVING JUSTICES? THE CASE FOR A BROADER APPLICATION OF THE EIGHTH AMENDMENT. |
Berry, William W., III |
|
Oct 1, 2018 |
21473 |
| Reasonable Minds May Differ: The Application of Miller and Graham to Consecutive Sentences for Juvenile Offenders in Missouri. |
Quast, Shawna C. |
|
Jun 22, 2018 |
12261 |
| A Cruel and Unusual Way to Regulate the Homeless: Extending the Status Crimes Doctrine to Anti-homeless Ordinances. |
Kieschnick, Hannah |
|
May 1, 2018 |
25506 |
| Inmate's excessive force claims proceed to trial. |
Light, Rebecca M. |
|
Mar 26, 2018 |
1443 |
| Pregnancy in Confinement, Anti-Shackling Laws and the "Extraordinary Circumstances" Loophole. |
Dinardo, Chris |
|
Mar 22, 2018 |
12404 |
| STATE EX REL. MORGAN V. STATE: A SMALL STEP IN THE RIGHT DIRECTION FOR LOUISIANA'S INCARCERATED YOUTH. |
Abu-Orf, Leila M. |
|
Mar 22, 2018 |
6298 |
| Solitary confinement was cruel and unusual. |
Lightle, Rebecca M. |
|
Mar 5, 2018 |
1773 |
| Featured: Solitary confinement was cruel and unusual. |
Lightle, Rebecca M. |
|
Feb 27, 2018 |
1784 |
| SOLITARY TROUBLES. |
Reinert, Alexander A. |
|
Jan 1, 2018 |
26129 |
| CONFUSION IN MONTGOMERY'S WAKE: STATE RESPONSES, THE MANDATES OF MONTGOMERY, AND WHY A COMPLETE CATEGORICAL BAN ON LIFE WITHOUT PAROLE FOR JUVENILES IS THE ONLY CONSTITUTIONAL OPTION. |
Hoesterey, Alice Reichman |
|
Dec 1, 2017 |
19145 |
| FROM JAILS TO EMERGENCY SHELTERS: DISMANTLING UNCONSTITUTIONAL BORDER PATROL DETENTION. |
Richardson, M. Kate |
|
Sep 22, 2017 |
13223 |
| THE TRILOGY AND BEYOND. |
Moriearty, Perry L. |
|
Sep 22, 2017 |
11329 |
| PUNISHMENT THAT DOES NOT FIT THE CRIME: THE UNCONSTITUTIONAL PRACTICE OF PLACING YOUTH ON SEX OFFENDER REGISTRIES. |
Brost, Ashley R.; Jordan, Annick-Marie S. |
|
Sep 22, 2017 |
12188 |
| The new unconstitutionality of juvenile sex offender registration: suspending the presumption of constitutionality for laws that burden juvenile offenders. |
Klein, Spencer |
|
Jun 1, 2017 |
13060 |
| Constitutional Law - Eleventh Circuit's Misdiagnosis: Inmates Benevolently Allowed to File Claims Under the Eighth Amendment Lacking Deliberate Indifference - Magwood v. Sec'y, Fla. Dep't of Corr. |
Bosworth, Nicholas M. |
|
Mar 22, 2017 |
7816 |
| Constitutional Law - State Authorization of Forcible Administration of Depo-Provera Invalid Under Colorado Statutory Law - People ex rel. C.J.R. |
Falvey, Catherine L. |
|
Mar 22, 2017 |
6191 |
| The downstream consequences of misdemeanor pretrial detention. |
Heaton, Paul; Mayson, Sandra; Stevenson, Megan |
|
Mar 1, 2017 |
32639 |
| Cruel and unusual construction: the Eighth Amendment as a limit on building prisons on toxic waste sites. |
Russell, Kelsey D. |
|
Feb 1, 2017 |
21217 |
| Capital punishment of unintentional felony murder. |
Binder, Guyora; Fissell, Brenner; Weisberg, Robert |
|
Jan 1, 2017 |
35288 |
| Instilling hope: Suggested legislative reform for Missouri regarding juvenile sentencing pursuant to Supreme Court decisions in Miller and Montgomery. |
Wheelwright, Brooke |
|
Jan 1, 2017 |
14165 |
| The Eighth Amendment's milieu: penal reform in the late eighteenth century. |
Braatz, Erin E. |
|
Jun 22, 2016 |
31774 |
| THE PSYCHOTHERAPIST-PATIENT PRIVILEGE IN PRISON LITIGATION: HOW CAN YOU CLAIM "GARDEN VARIETY" EMOTIONAL DISTRESS WHEN THE FLOWERS ARE MADE OUT OF STEEL? |
D'ambrosio, Michael |
|
Apr 1, 2016 |
17786 |
| Mental competency law and plea bargaining: a neurophenomenological critique. |
Schehr, Robert; French, Chelsea |
|
Mar 22, 2016 |
35676 |
| The death knell for the death penalty and the significance of global realism to its abolition from Glossip v. Gross to Brumfield v. Cain. |
Malone, Linda A. |
|
Mar 22, 2016 |
16073 |
| Un-Gregg-ulated: capital charging and the missing mandate of Gregg v. Georgia. |
Thaxton, Sherod |
|
Mar 22, 2016 |
15383 |
| Brought back to life: Massachusetts Supreme Judicial Court resuscitates parole eligibility for juveniles convicted of first degree murder. |
Knight, Erin D. |
|
Jan 1, 2016 |
13347 |
| Eighth Amendment protections in capital proceedings against the intellectually disabled: assessing state methods of class protection through the lens of Hall v. Florida. |
Wilkinson, Ethan A. |
|
Jan 1, 2016 |
9783 |
| The emerging Eighth Amendment consensus against life without parole sentences for nonviolent offenses. |
Sarma, Bidish J. |
|
Dec 22, 2015 |
6702 |
| The emerging Eighth Amendment consensus against life without parole sentences for nonviolent offenses. |
Sarma, Bidish J. |
|
Dec 22, 2015 |
17428 |
| The inbetweeners: standardizing juvenileness and recognizing emerging adulthood for sentencing purposes after Miller. |
Holt, Kevin |
|
Jul 1, 2015 |
12410 |
| Framing a narrative of discrimination under the Eighth Amendment in the context of transgender prisoner health care. |
Halbach, Sarah |
|
Jun 22, 2015 |
16698 |
| Medical transgressions in America's prisons: defending transgender prisoners' access to transition-related care. |
Agbemenu, Esinam |
|
Jun 22, 2015 |
21071 |
| Death, desuetude, and original meaning. |
Stinneford, John F. |
|
Nov 1, 2014 |
6239 |
| Death, desuetude, and original meaning. |
Stinneford, John F. |
|
Nov 1, 2014 |
21409 |
| Felony murder, juveniles, and culpability: why the Eighth Amendment's ban on cruel and unusual punishment should preclude sentencing juveniles who do not kill, intend to kill, or attempt to kill to die in prison. |
Moore, Michael T., Jr. |
|
Sep 22, 2014 |
10183 |
| Prisons, politics, and pointing fingers: the issues plaguing Orleans Parish Prison's consent decrees. |
Faia, Alexandra E. |
|
Sep 22, 2014 |
13721 |
| Penalty ruled unconstitutional. |
|
Brief article |
Aug 1, 2014 |
147 |
| Strict liability offenses, incarceration, and the Cruel and Unusual Punishments Clause. |
Larkin, Paul J., Jr. |
|
Jun 22, 2014 |
7590 |
| Strict liability offenses, incarceration, and the cruel and unusual punishments clause. |
Larkin, Paul J., Jr. |
|
Jun 22, 2014 |
18418 |
| Transsexual prisoners and the Eighth Amendment: a reconsideration of Kosilek v. Spencer and why prison officials may not be constitutionally required to provide sex-reassignment surgery. |
Tieger, Ethan Z. |
|
Jun 1, 2014 |
18363 |
| Juvenile life without parole post-Miller: the long, treacherous road towards a categorical rule. |
Craig, Sean |
|
Feb 1, 2014 |
15406 |
| States face dwindling sources for lethal injection drugs. |
Roewe, Brian |
|
Jan 3, 2014 |
1253 |
| The reality of evolving standards and the death penalty. |
Edwards, Daniel |
|
Jan 1, 2014 |
9108 |
| Not just kid stuff? Extending Graham and Miller to adults. |
O'Hear, Michael M. |
|
Sep 22, 2013 |
9157 |
| Not just kid stuff? Extending Graham and Miller to adults. |
O'Hear, Michael M. |
|
Sep 22, 2013 |
19449 |
| Mill(er)ing mandatory minimums: what federal lawmakers should take from Miller v. Alabama. |
Price, Mary |
|
Sep 22, 2013 |
16005 |
| The growing pains of Graham v. Florida: deciphering whether lengthy term-of-years sentences for juvenile defendants can equate to the unconstitutional sentence of life without the possibility of parole. |
Savona, Therese A. |
|
Mar 22, 2013 |
17575 |
| The conditions of pretrial detention. |
Struve, Catherine T. |
|
Mar 1, 2013 |
9658 |
| The conditions of pretrial detention. |
Struve, Catherine T. |
|
Mar 1, 2013 |
25205 |
| Delay in considering the constitutionality of inordinate delay: the death row phenomenon and the Eighth Amendment. |
Sharkey, Kara |
|
Feb 1, 2013 |
17603 |
| Solitary confinement: the law today and the way forward. |
Cockrell, John F. |
|
Jan 1, 2013 |
6775 |
| Vulnerability and just desert: a theory of sentencing and mental illness. |
Johnston, E. Lea |
|
Jan 1, 2013 |
6229 |
| Vulnerability and just desert: a theory of sentencing and mental illness. |
Johnston, E. Lea |
|
Jan 1, 2013 |
37175 |
| The case of the missing argument: the mysterious disappearance of international law from juvenile sentencing in Miller v. Alabama. |
Levy, Jonathan |
|
Jan 1, 2013 |
6929 |
| The Supreme Court's lenient approach to our nation's juvenile murderers. |
Ochs, Sara L. |
|
Dec 22, 2012 |
10205 |
| Targeting the twenty-first century outlaw. |
Chong, Jane Y. |
|
Dec 1, 2012 |
16274 |
| Comparing the strike zones of "three strikes and you're out" laws for California and Georgia, the nation's two heaviest hitters. |
Heyer, Cole F. |
|
Nov 1, 2012 |
17875 |
| The real lethal punishment: the inadequacy of prison health care and how it can be fixed. |
Wallace, G. Nicholas |
|
Sep 22, 2012 |
11715 |
| On competence, legitimacy, and proportionality. |
Gertner, Nancy |
|
May 1, 2012 |
5631 |
| Why proportionality matters. |
Lee, Youngjae |
|
May 1, 2012 |
7444 |
| Your lethal injection bill: a fight to the death over an expensive yellow jacket. |
Clermont, Woody R. |
|
Mar 22, 2012 |
29278 |
| What states should do to provide a meaningful opportunity for review and release: recognize human worth and potential. |
Glynn, Gerard; Vila, Ilona |
|
Mar 22, 2012 |
18148 |
| Civil death is different: an examination of a post-Graham challenge to felon disenfranchisement under the Eighth Amendment. |
Grady, Sarah C. |
|
Mar 22, 2012 |
13379 |
| The folly - and faith - of Furman. |
Blume, John H.; Johnson, Sheri Lynn |
|
Mar 22, 2012 |
2219 |
| The slow wheels of Furman's machinery of death. |
Newton, Brent E. |
|
Mar 22, 2012 |
15137 |
| Juvenile justice after Graham v. Florida: keeping due process, autonomy, and paternalism in balance. |
Henning, Kristin |
|
Jan 1, 2012 |
13639 |
| Sex offenders are different: extending Graham to categorically protect the less culpable. |
Buske, Eric J. |
|
Jan 1, 2012 |
14016 |
| Setting gender identity free: expanding treatment for transsexual inmates. |
Colopy, Travis Wright |
|
Jan 1, 2012 |
18925 |
| Life without parole, or a juvenile death sentence? |
Gottuso, Kyle |
|
Sep 22, 2011 |
11437 |
| Capital punishment, psychiatrists and the potential "bottleneck" of competence. |
Appel, Jacob M. |
|
Mar 22, 2011 |
17702 |
| Repudiating death. |
Berry, William W., III |
|
Mar 22, 2011 |
24159 |
| Contemporary prosecutions of civil rights era crimes: an argument against retroactive application of statute of limitations amendments. |
Rowe, Michael |
|
Mar 22, 2011 |
11795 |
| Evolving standards as a judicial mandate: necessary or superfluous? |
Klimko, Katheryn |
|
Mar 22, 2011 |
7257 |
| Adolescent brain science after Graham v. Florida. |
Maroney, Terry A. |
|
Mar 1, 2011 |
13386 |
| The "monstrous heresy" of punitive damages: a comparison to the death penalty and suggestions for reform. |
Baron, Jeremy C. |
|
Feb 1, 2011 |
16119 |
| Everybody's got a price: why Orange County's practice of taking DNA samples from misdemeanor arrestees is an excessive fine. |
Purtill, Michael |
|
Jan 1, 2011 |
11602 |
| Can Congress overturn Graham v. Florida? |
Re, Richard M. |
|
Jan 1, 2011 |
3363 |
| Foreign law - a friend of the court: an argument for prudent use of international law in domestic, human rights related constitutional decisions. |
Chandler, Jason |
|
Jan 1, 2011 |
11755 |
| In search of a theory of deference: the Eighth Amendment, democratic pedigree, and constitutional decision making. |
Berger, Eric |
|
Dec 1, 2010 |
35030 |
| Death of the challenge to lethal injection? Missouri's protocol deemed constitutional yet again. |
Maerz, Tanya M. |
|
Sep 22, 2010 |
11209 |
| International materials and the Eighth Amendment: some thoughts on method after Graham v. Florida. |
Pearce, James I. |
|
Sep 22, 2010 |
14773 |
| Can Congress overturn Kennedy v. Louisiana? |
Re, Richard M. |
|
Jun 22, 2010 |
30759 |
| If it's constitutional, then what's the problem?: The use of judicial override in Alabama death sentencing. |
Heery, Shannon |
|
Jun 22, 2010 |
21771 |
| Does the Eighth Amendment Punishments Clause prohibit only punishments that are both cruel and unusual? |
Ryan, Meghan J. |
|
May 1, 2010 |
30499 |
| Corporal punishment in the public schools: an analysis of federal constitutional claims. |
Mitchell, Courtney |
|
Mar 22, 2010 |
9588 |
| Equal protection from execution: expanding Atkins to include mentally impaired offenders. |
Larimer, Corena G. |
|
Mar 22, 2010 |
10679 |
| Mental retardation as a bar to the death penalty: who bears the burden of proof? |
Eftink, James Gerard |
|
Mar 22, 2010 |
16798 |
| "Like snow (falling) on a branch ...": international law influences on death penalty decisions and debates in the United States. |
Murphy, Russell G.; Carlson, Eric J. |
|
Dec 22, 2009 |
24820 |
| Evaluating punishment in purgatory: the need to separate pretrial detainees' conditions-of-confinement claims from inadequate Eighth Amendment analysis. |
Gorlin, David C. |
|
Dec 1, 2009 |
13695 |
| Sentenced by tradition: the third-party custodian condition of pretrial release in Alaska. |
Johnston, Elizabeth |
|
Dec 1, 2009 |
12043 |
| Death is different: the need for jury unanimity in death penalty cases. |
Cantero, Raoul G.; Kline, Robert M. |
|
Sep 22, 2009 |
14466 |
| Administration of justice or the preservation of political office: the unconstitutionality of judicial override in Alabama death penalty cases. |
Tartt, Clayton |
|
Sep 22, 2009 |
14548 |
| Competency of death row inmates to waive the right to appeal: a proposal to scrutinize the motivations of death row volunteers and to consider the impact of death row syndrome in determining competency. |
Cooper, Patricia |
|
Jul 1, 2009 |
12556 |
| Cruel and unequal punishments. |
Farahany, Nita A. |
|
Jul 1, 2009 |
24747 |
| Prohibiting the death penalty for the rape of a child while overlooking wrongful execution: Kennedy v. Louisiana. |
Minor, Kelly J. |
|
Jun 22, 2009 |
19064 |
| Challenging an execution after prolonged confinement on death row (Lackey revisited). |
Simmons, Erin |
|
Jun 22, 2009 |
9098 |
| U.S. Supreme Court to hear life without parole for juveniles. |
Pudlow, Jan |
|
Jun 15, 2009 |
611 |
| Out with the new, in with the old: the importance of section 504 of the Rehabilitation Act to prisoners with disabilities. |
Ginsberg, Betsy |
|
Jun 1, 2009 |
16643 |
| The court of life and death: the two tracks of constitutional sentencing law and the case for uniformity. |
Barkow, Rachel E. |
|
May 1, 2009 |
34943 |
| Shackling pregnant prisoners in labour found to be cruel, US. |
|
Brief article |
May 1, 2009 |
232 |
| State v. Buchhold: the South Dakota Supreme Court fails to recognize a de facto life sentence as the functional equivalent of a life sentence when determining gross disproportionality. |
Kippley, Joseph A. |
|
Mar 22, 2009 |
14268 |
| Inmate access to elective abortion: social policy, medicine and the law. |
Thomas, Angela |
|
Mar 22, 2009 |
12690 |
| Eighth Amendment gaps: can conditions of confinement litigation benefit from proportionality theory? |
Reinert, Alexander A. |
|
Jan 1, 2009 |
16748 |
| Counting offenses. |
Chemerinsky, Jeffrey M. |
|
Jan 1, 2009 |
16105 |
| To act or not to act: will New York's defeated death penalty be resurrected? |
Huffman, Diana N. |
|
Oct 1, 2008 |
22939 |
| State constitutional adjudication in a footnote? A critique of the Supreme Court of Louisiana's decision in State v. Kennedy. |
Blackwell, Kevin |
|
Sep 22, 2008 |
12354 |
| State intentions and the law of punishment. |
Ristroph, Alice |
|
Jun 22, 2008 |
25730 |
| In the eye of the storm: a judge's experience in lethal-injection litigation. |
Fogel, Jeremy |
|
Jun 1, 2008 |
11352 |
| Challenges facing society in the implementation of the death penalty. |
Gaitan, Fernando J., Jr. |
|
Jun 1, 2008 |
10742 |
| Methods of execution and their effect on the use of the death penalty in the United States. |
Dieter, Richard C. |
|
Jun 1, 2008 |
11390 |
| Anomalies: ritual and language in lethal injection regulations. |
Bienen, Leigh B. |
|
Jun 1, 2008 |
11150 |
| Thiopental in lethal injection. |
Vassallo, Susi |
|
Jun 1, 2008 |
4789 |
| Killing them softly: meditations on a painful punishment of death. |
Blecker, Robert |
|
Jun 1, 2008 |
11465 |
| Court upholds lethal injections. |
Bradley, Craig M. |
|
Jun 1, 2008 |
1803 |
| It may not be popular but it's the right thing to do. |
Cotler, Irwin |
|
May 1, 2008 |
777 |
| Dismantling the felony-murder rule: juvenile deterrence and retribution post-Roper v. Simmons. |
Flynn, Erin H. |
|
Apr 1, 2008 |
13223 |
| Rethinking Robinson v. California in the wake of Jones v. Los Angeles: avoiding the "demise of the criminal law" by attending to "punishment". |
Gardner, Martin R. |
|
Jan 1, 2008 |
28727 |
| Moral choices, moral truth, and the Eighth Amendment. |
Allen, Ronald J. |
|
Jan 1, 2008 |
4339 |
| Methodology, proportionality, equality: which moral question does the Eighth Amendment pose? |
Claus, Laurence |
|
Jan 1, 2008 |
4059 |
| Morality in Eighth Amendment jurisprudence. |
Moore, Michael S. |
|
Jan 1, 2008 |
7263 |
| International consensus as persuasive authority in the Eighth Amendment. |
Lee, Youngjae |
|
Nov 1, 2007 |
26238 |
| Grassroots death sentences? The social movement for capital child rape laws. |
Bell, Monica C. |
|
Sep 22, 2007 |
13695 |
| "Death is different": limits on the imposition of the death penalty to traumatic brain injuries. |
Snodgrass, Laura; Justice, Brad |
|
Jul 1, 2007 |
9778 |
| Secondhand smoke signals from prison. |
Wilcox, Scott C. |
|
Jun 1, 2007 |
13990 |
| Why Justice Scalia should be a constitutional comparativist ... sometimes. |
Gray, David C. |
|
Mar 1, 2007 |
15204 |
| Atkins' wake: how the states have shunned responsibility for the mentally retarded. |
Libell, Mark |
|
Jan 1, 2007 |
5103 |
| Protecting servicemembers from illegal pretrial punishment: a survey of article 13, Uniform Code of Military Justice, caselaw. |
Riley, Timothy |
|
Dec 1, 2006 |
7895 |
| The death penalty and the debate over the U.S. Supreme Court's citation of foreign and international law. |
Segal, Yitzchok |
|
Nov 1, 2006 |
13390 |
| Constitutional law and transnational comparisons: the Youngstown decision and American exceptionalism. |
Jackson, Vicki C. |
|
Sep 22, 2006 |
15430 |
| Equipoise, collective rights and the future of the death penalty: Kansas v. Marsh. |
Barron, Benjamin |
|
Sep 22, 2006 |
5151 |
| Desert, democracy, and sentencing reform. |
Ristroph, Alice |
|
Jun 22, 2006 |
29455 |
| Roper v. Simmons: the collision of national consensus and proportionality review. |
Myers, Wayne |
|
Mar 22, 2006 |
19410 |
| Wilkinson v. Austin and the quest for a clearly defined liberty interest standard. |
Sutanto, Myra A. |
|
Mar 22, 2006 |
11565 |
| Sexual punishments. |
Ristroph, Alice |
|
Jan 1, 2006 |
23993 |
| Rethinking prison sex: self-expression and safety. |
Smith, Brenda V. |
|
Jan 1, 2006 |
25035 |
| When punishing innocent conduct violates the Eighth Amendment: applying the Robinson doctrine to homelessness and other contextual "crimes". |
Weisberg, Benno |
|
Sep 22, 2005 |
16692 |
| Juvenile execution, terrorist extradition, and supreme court discretion to consider international death penalty jurisprudence. |
Burleson, Elizabeth |
|
Sep 22, 2005 |
16462 |
| The right decision on the juvenile death penalty. |
Bradley, Craig M. |
|
Jun 1, 2005 |
1777 |
| The inadequacy of fiscal constraints as a substitute for proportionality review. |
Dewar, Elizabeth Napier |
|
Mar 1, 2005 |
4041 |
| The decline of the juvenile death penalty: scientific evidence of evolving norms. |
Fagan, Jeffrey; West, Valerie |
|
Jan 1, 2005 |
26629 |
| The antidiscrimination Eighth Amendment. |
Claus, Laurence |
|
Sep 22, 2004 |
22042 |
| The Supreme Court's excessive deference to legislative bodies under Eighth Amendment sentencing review. |
Brennan, James J. |
|
Mar 22, 2004 |
14516 |
| Lockyer v. Andrade: California three strikes law survives challenge based on federal law that is anything but "clearly established". |
Horn, Doyle |
|
Mar 22, 2004 |
14272 |
| Litigation behind bars: for prisoners suffering from hepatitis C and other effects of incarceration, the trial lawyer is often their only hope. |
Fathi, David C. |
|
Oct 1, 2003 |
3810 |
| Intelligence testing and Atkins: considerations for appellate courts and appellate lawyers. |
Davis, LaJuana |
|
Sep 22, 2003 |
9904 |
| Struck out looking: continued confusion in Eighth Amendment proportionality review after Ewing v. California. |
Pater, Joshua R. |
|
Sep 22, 2003 |
10540 |
| Is any sentence cruel and unusual punishment? |
Chemerinsky, Erwin |
|
May 1, 2003 |
1904 |
| Court spares mentally retarded. (Policy & Practice). |
Peters, Sally |
Brief Article |
Jul 1, 2002 |
141 |
| Return of the madhouse: supermax prisons are becoming the high-tech equivalent of the nineteenth-century snake pit. |
Abramsky, Sasha |
|
Feb 11, 2002 |
3185 |
| U.S. District Court: SHOWERS. |
|
Brief Article |
Feb 1, 2000 |
357 |
| No joy in Mudville tonight: the impact of "three strike" laws on state and federal corrections policy, resources, and crime control. |
Schultz, David |
|
Jan 1, 2000 |
12014 |
| The 'dirty little secret': why class actions have emerged as the only viable option for women inmates attempting to satisfy the subjective prong of the Eighth Amendment in suits for custodial sexual abuse. |
Laderberg, Amy |
|
Oct 1, 1998 |
16037 |
| Getting out of this mess: steps toward addressing and avoiding inordinate delay in capital cases. |
Aarons, Dwight |
|
Sep 22, 1998 |
34880 |
| The failed case for Eighth Amendment regulation of the capital-sentencing trial. |
Howe, Scott W. |
|
Mar 1, 1998 |
32874 |
| Ninth Circuit shuts down California's gas chamber. |
McMurry, Kelly |
Brief Article |
May 1, 1996 |
486 |
| Megan's law: constitutionality and policy. |
Brooks, Alexander D. |
|
Jan 1, 1996 |
7443 |
| Cruel and unusual? |
|
|
Sep 1, 1995 |
121 |
| Supreme Court rules on execution of the mentally retarded. |
Fitch, W. Lawrence |
|
Jul 1, 1989 |
1287 |
| Prison physician acted under color of state law. |
|
|
Jul 1, 1988 |
628 |
