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Harvard Law Review Topics

Eighth Amendment

Civil Rights Response

The Coherence of Prison Law

April 2022 Introduction In their welcome new article, Justin Driver and Emma Kaufman offer a provocative take on American prison law: that it is “fundamentally incoherent.”...
  • Sharon Dolovich
Eighth Amendment Reflection

To the States: Reflections on Jones v. Mississippi

Vol. 135 No. 1 November 2021 The day that ended the Trump Presidency also confirmed its lasting hold on the Eighth Amendment’s future. On November 3, 2020, I argued before...
  • David M. Shapiro
  • Monet Gonnerman
Eighth Amendment Leading Case

Jones v. Mississippi

Vol. 135 No. 1 November 2021 Over the past two decades, the Supreme Court has transformed juvenile sentencing. A key line of Eighth Amendment cases broke down the traditional barrier...
42 U.S.C. ยง 1983 Recent Case

Swain v. Junior

Eleventh Circuit Holds that a Florida Jail Was Not Deliberately Indifferent to the Spread of COVID-19.

Vol. 134 No. 7 May 2021
Criminal Justice Developments in the Law

Conditions of Confinement, COVID-19, and the CDC

Chapter Four

Vol. 134 No. 6 April 2021
Eighth Amendment Recent Case

Colorado Department of Labor & Employment v. Dami Hospitality, LLC

Colorado Supreme Court Extends Excessive Fines Clause Protections to Corporations and Requires Ability to Pay be Considered.

Vol. 133 No. 4 February 2020
Eighth Amendment Recent Case

Martin v. City of Boise

Ninth Circuit Refuses to Reconsider Invalidation of Ordinances Completely Banning Sleeping and Camping in Public.

Vol. 133 No. 2 December 2019
Civil Procedure Recent Case

Jordan v. Commissioner, Mississippi Department of Corrections

Eleventh Circuit Denies Mississippi Death Row Prisoners Discovery by Creating a Federal Lethal Injection Secrecy Privilege.

Vol. 133 No. 2 December 2019
Eighth Amendment Leading Case

Bucklew v. Precythe

Vol. 133 No. 1 November 2019 The possibility of a painful death is not sufficient to find a facial violation of the Eighth Amendment when evaluating a state’s administration of...
Criminal Law Recent Case

Commonwealth v. Eldred

Massachusetts Supreme Judicial Court Holds Drug-Free Probation Requirement Enforceable for Defendant with Substance Use Disorder.

Vol. 132 No. 7 May 2019
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