All Articles tagged Eighth Amendment

• General
  June 15, 2016 EDT
  MATCHING THE TRAJECTORY OF THE SUPREME COURT ON THE INTELLECTUAL DISABILITY DEFENSE: A RECOMMENDATION FOR THE STATES
  Noah Cyr Engelhart

  This comment urges states to review their own intellectual disability defenses to ensure compliance with Hall and the developing trend in intellectual disability defense jurisprudence.

• Justice Commentaries
  May 02, 2016 EDT
  MENTAL COMPETENCY LAW AND PLEA BARGAINING: A NEUROPHENOMENOLOGICAL CRITIQUE
  Robert SchehrChelsea French

  This article argues that the jurisprudential assumption that human beings are rational actors capable of making decisions that maximize their interests is, when exposed to social and natural science, flawed.

• State Constitutional Commentary
  August 08, 2009 EDT
  STATE CONSTITUTIONAL ADJUDICATION IN A FOOTNOTE? A CRITIQUE OF THE SUPREME COURT OF LOUISIANA’S DECISION IN STATE V. KENNEDY
  Kevin Blackwell

  This article explores what the standard for excessive punishment under the Constitution of Louisiana is, and how the Supreme Court of Louisiana could have adjudicated State v. Perry more appropriately.

• General
  March 03, 2009 EDT
  THE TRI-CHEMICAL COCKTAIL: SERENE BRUTALITY
  Jason D. Hughes

  This comment argues that although lethal injection may have the potential to be the most humane method of execution, the specific chemicals and procedures currently used violate the Constitution.