The Supreme Courts proportionality jurisprudence under the Cruel and Unusual Punishments Clause appears to be undergoing a kind of renaissance. Since 2002, the Court has held that the death penalty is ...

"Even if it could be demonstrated unequivocally that [public flogging and hand branding] were not cruel and unusual measures in 1791 ... I doubt whether any federal judge -- even among the many who ...

The Eighth Amendment. What is cruel and unusual punishment? Who gets to define and decide its boundaries? And how did the Constitution's authors imagine it might change? Today on Throughline's We the ...

In a civil fraud case last year, New York County Supreme Court Justice Arthur Engoron ruled that Donald Trump's habit of exaggerating his wealth justified "disgorgement" of nearly half a billion ...