The Eighth Amendment pendulum swung back in 1991 when the Supreme Court in Wilson v. Seiter established a constitutional standard for such claims which, in all likelihood, will be virtually insurmountable.. This Note will first explore the Supreme Court\u27s four major pre-Wilson rulings on the proper scope of the Eighth Amendment regarding claims of inhuman prison conditions. This review will show that these opinions, while containing a great deal of apparently applicable language, fail to specifically state whether a state of mind element is required for such claims. Second, this Note will describe the factual background of Wilson and the Court\u27s holding and concurring opinion. Third, it will criticize both frameworks advanced, and sug...
As with many constitutional provisions, the language of the Eighth Amendment is open-ended and vague...
This Article presents an analysis and defense of the Supreme Court\u27s current Eighth Amendment cas...
Part II of the Article provides the context for the Miller case, outlining the theoretical underpinn...
The Eighth Amendment pendulum swung back in 1991 when the Supreme Court in Wilson v. Seiter establis...
This article will examine the development of the standard for eighth amendment review used in cases ...
Prior to the late 1960s, federal courts took a hands-off approach when inmates in state prisons trie...
Full-text available at SSRN. See link in this record.In 1991 the United States Supreme Court revisit...
The United States Supreme Court has held that in order for a confinement condition claim to violate ...
The Eighth Amendment prohibits, among other things, cruel and unusual punishment. In the prison co...
Part I of this Article gives background on the origins of the Eighth Amendment doctrine concerning p...
The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives chiefly...
Eighth Amendment jurisprudence has resulted in limited scrutiny of solitary confinement despite the ...
The United States (US) Constitution’s Eighth Amendment includes a restriction on cruel and unusual p...
The Eighth Amendment has long served as the traditional legal vehicle for challenging prison conditi...
In Miller v. Alabama1 and Jackson v. Hobbs2 the Supreme Court reaffirmed its conclusions in two earl...
As with many constitutional provisions, the language of the Eighth Amendment is open-ended and vague...
This Article presents an analysis and defense of the Supreme Court\u27s current Eighth Amendment cas...
Part II of the Article provides the context for the Miller case, outlining the theoretical underpinn...
The Eighth Amendment pendulum swung back in 1991 when the Supreme Court in Wilson v. Seiter establis...
This article will examine the development of the standard for eighth amendment review used in cases ...
Prior to the late 1960s, federal courts took a hands-off approach when inmates in state prisons trie...
Full-text available at SSRN. See link in this record.In 1991 the United States Supreme Court revisit...
The United States Supreme Court has held that in order for a confinement condition claim to violate ...
The Eighth Amendment prohibits, among other things, cruel and unusual punishment. In the prison co...
Part I of this Article gives background on the origins of the Eighth Amendment doctrine concerning p...
The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives chiefly...
Eighth Amendment jurisprudence has resulted in limited scrutiny of solitary confinement despite the ...
The United States (US) Constitution’s Eighth Amendment includes a restriction on cruel and unusual p...
The Eighth Amendment has long served as the traditional legal vehicle for challenging prison conditi...
In Miller v. Alabama1 and Jackson v. Hobbs2 the Supreme Court reaffirmed its conclusions in two earl...
As with many constitutional provisions, the language of the Eighth Amendment is open-ended and vague...
This Article presents an analysis and defense of the Supreme Court\u27s current Eighth Amendment cas...
Part II of the Article provides the context for the Miller case, outlining the theoretical underpinn...