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6 May 2022, 4:30 am by Lawrence Solum
This Essay examines the surprisingly under-explored relationship between misdemeanor cash bail & pretrial detention and the Excessive Fines and Excessive Bail Clauses of the Eighth Amendment, using the Supreme Court’s recent decision in Timbs v. [read post]
10 Jun 2021, 8:50 pm by Ilya Somin
The State not only urges us to answer that question in the negative, but it also requests that we wholly abandon the proportionality framework from State v. [read post]
6 Feb 2021, 8:24 pm by Ilya Somin
[It went all the way to the US Supreme Court, and is now back in the Indiana state Supreme Court for the third time. ] The long-running Timbs v. [read post]