Topic
Eighth Amendment
Posts
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CommentaryVol. 102 · Iss. 5
Grants Pass and the Pathology of the Criminal Law
Last Term, the Supreme Court held that cities may, consistent with the Eighth Amendment, criminalize sleeping in public, even for people who have no…
Ben A. McJunkin -
ArticleVol. 102 · Iss. 3
A Constitutional False Claims Act
The False Claims Act (FCA) represents one of the most important sources, if not the most important source, of liability in the healthcare system…
Benjamin J. McMichael, Mackenzi Barrett & W. Kip Viscusi -
NoteVol. 101 · Iss. 2
Fruit of the Poisonous Tree: Potential Eighth Amendment Protections for Inmates Subject to Sexual Victimization in the Post-Dobbs World
For years, federal courts have recognized the sexual victimization of inmates as cruel and unusual punishment under the Eighth Amendment. But it is unclear…
Elena LeVan -
ArticleVol. 87 · Iss. 3
Does the Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel and Unusual?
There is a great struggle in the United States between proponents of the death penalty and death penalty abolitionists who believe that the practice…
Meghan J. Ryan -
CommentaryVol. 98 · Iss. 2
Inmate Constitutional Claims and the Scienter Requirement
Scholars have criticized requirements that inmates prove malice or deliberate indifference to establish constitutional claims against corrections officials. The Eighth Amendment currently requires convicted…
Ann Woolhandler & Michael Collins