Eighth Amendment Differentness

Desert and the Eighth Amendment Symposium: Cruel and Unusual Punishment: Litigating under the Eighth Amendment

The Political Morality of the Eighth Amendment

Since the early twentieth century, the Supreme Court has interpreted the Eighth Amendment prohibition against cruel and unusual punishment as a progressive mandate that draws its meaning from “the evolving standards of decency that mark the progress of a maturing society.” In applying this standard, the Court looks to such objective considerations as legislative enactments, patterns of jury dec...

Eighth Amendment--Pretrial Detention: What Will Become of the Innocent

Eighth Amendment--Cruel and Unusual Punishment and Conditions Cases

Eighth Amendment Meanings from the Aba’s Moratorium Resolution

The American Bar Association’s (“ABA’s”) objection to capital punishment as currently practiced stands as one of the most provocative acts of selfproclaimed Eighth Amendment relevance to occur in many years, ranking with Justice Harry A. Blackmun’s well-publicized renunciation of the death penalty in Callins v. Collins. The ABA insists that its position—that America must institute substantial r...