Solitary Confinement, Human Dignity, and the Eighth Amendment

From the introduction: “This Article proffers human dignity as a novel conceptual vehicle for capturing and articulating solitary confinement’s harm to personhood. Starting from the Supreme Court’s edict that “the basic concept underlying the Eighth Amendment is nothing less than the dignity of man,” this Article employs a construct of dignity-as-integrity—or wholeness—of personhood. Using dignity-as-integrity…

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16 to 25: Building Pathways toward a Thriving Adulthood

From the conclusion: “The years between 16 and 25 are an important window to build pathways toward a thriving adulthood. By later adolescence, we have the cognitive abilities and social understanding to connect with others and navigate the world in new ways. We have new agency to pursue our own goals and new responsibilities that…

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California’s Ban on Cruel or Unusual Punishment, A State Constitutional Analysis of Anti-Camping Ordinances

From the introduction: “Sleep is a biological necessity. If camping on public property is banned across the board, those without access to shelter must unequivocally break the law. Houseless individuals have therefore challenged the constitutionality of anti-camping ordinances on several occasions, particularly under the Cruel and Unusual Punishment Clause of the Eighth Amendment. In a…

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Immature Minds in a “Maturing Society”

Following the 20th anniversary of the Roper v. Simmons decision that ruled the death penalty unconstitutional for youth under the age of 18, the Death Penalty Information Center released a report on the latest science of adolescent brain development and evolving societal standards that recognize the need for heightened legal protections for 18- to 20-year-olds.…

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