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Full-Text Articles in Law
Eighth Amedment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory?, Alexander A. Reinert
Eighth Amedment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory?, Alexander A. Reinert
Fordham Urban Law Journal
This Article focuses on two separate issues deriving from the Eighth Amendment's "cruel and unusual punishment" clause. Specifically, it discusses classic conditions of confinement litigation and sentencing proportionality litigation. Confinement litigation includes cases challenging the lived experiences of prisoners such as overcrowding, excessive force, failure to provide adequate medical care, and deprivation of material needs. Sentencing proportionality litigation involves challenges to the length of a prison sentence or mode of punishment. The Article, unlike modern contemporary scholarship, attempts to draw connections between each doctrinal area, ultimately suggesting ways in which proportionality litigation can invigorate conditions litigation. Part I consists of …
Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel Wiseman
Discrimination, Coercion, And The Bail Reform Act Of 1984: The Loss Of The Core Constitutional Protections Of The Excessive Bail Clause, Samuel Wiseman
Fordham Urban Law Journal
This Article examines the history and judicial interpretation of the Eighth Amendment's Excessive Bail Clause, which reads "excessive bail shall not be required." Debate on this topic has centered around two questions: whether the Clause binds only the courts or Congress as well and whether it creates any substantive right to bail. Specifically, the Article discusses the Bail Reform Act of 1984, and the Supreme Court's subsequent interpretation of the Act in United States v. Salerno. The Salerno court suggested that the Excessive Bail Clause limits only the judiciary and found, at a maximum, only an extremely limited substantive right …
Facial And As-Applied Challenges Under The Roberts Court, Gillan E. Metzger
Facial And As-Applied Challenges Under The Roberts Court, Gillan E. Metzger
Fordham Urban Law Journal
Resistance to facial challenges is a recurring theme of the Roberts Court’s early years. Yet close analysis of the Court’s decisions suggests that its approach to facial and as-applied challenges is largely consistent with prior practice. Despite occasional description of as-applied challenges in narrow terms, it has expressly preserved the possibility that as-applied challenges could be brought pre-enforcement and allowed an as-applied challenge to be the vehicle for broad relief. It has also followed the Rehnquist Court in asserting wide remedial discretion to sever statutes to fit constitutional requirements, and even its strategic use of the facial/as-applied distinction is not …