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Full-Text Articles in Law
The Use Of Prior Convictions After Apprendi, Colleen P. Murphy
The Use Of Prior Convictions After Apprendi, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Reviewing Congressionally Created Remedies For Excessiveness, Colleen P. Murphy
Reviewing Congressionally Created Remedies For Excessiveness, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Sensible Application Of Stare Decisis Or A Rewriting Of The Constitution: An Examination Of Helling V. Mckinney, Jeffrey S. Kinsler
Sensible Application Of Stare Decisis Or A Rewriting Of The Constitution: An Examination Of Helling V. Mckinney, Jeffrey S. Kinsler
Law Faculty Scholarship
In Helling v. McKinney, the Supreme Court held that compelled exposure to environmental tobacco smoke ("ETS") may constitute cruel and unusual punishment in violation of the Eighth Amendment. Section I of this article explores the medical evidence linking ETS to lung cancer, heart disease and certain other health risks in nonsmokers. Section II examines the history of the Eighth Amendment's ban on cruel and unusual punishment, particularly as it relates to dangerous or unhealthy prison conditions. Section III analyzes the decision in Helling v. McKinney. Section IV questions whether a judicial ban on smoking would itself constitute cruel and unusual …