Eighth Amendment

State ex rel. D.D.

Vol. 139 No. 6 April 2026 Lifetime sex offender registration statutes are common across the states, and several state supreme courts have reached conflicting results in analyzing the constitutionality of...

Eighth Amendment Leading Case

City of Grants Pass v. Johnson

Vol. 138 No. 1 November 2024 “Poverty and immorality are not synonymous,” the Supreme Court once observed. A set of laws that would restrict where “the poor and the unpopular...

Legal History Articles

Bail at the Founding

Vol. 137 No. 7 May 2024 For digital images of the original records used in this Article and further information about bail in the Founding Era, please visit bailatthefounding.net. Abstract...

Climate Change Notes

Climate Carceralism: The Future of Climate-Linked Prison Labor

Vol. 137 No. 2 December 2023 In 2017, Sonoma County, California, was hit by the Tubbs Fire, the largest blaze it had experienced in over fifty years. All told, the...

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.”...