The appeals court held that some of a taxpayer’s FBAR penalties were disproportional to the offense and thus an excessive ...

This column was written by Benjamin Wittes. The Supreme Court recently gave the country an object lesson in the absurdity of the Eighth Amendment-- at least, as it is currently understood by the ...

The Eighth Amendment, which bars "cruel and unusual punishments," was intended by the founders as a bulwark against prisoner abuse. Over the years it came to mean any treatment that "shocked the ...

The Bill of Rights was ratified in December 1791. Amendment VIII. “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” ...

WE CHECKED THE CONSTITUTON, AND… The Eighth Amendment bans the use of a form of punishment in a criminal case if it is “cruel and unusual,” but it does not define the phrase.

Sayeed [3] questioning whether the Eighth Amendment applies to FCA cases while finding that, in any event, the district court’s award easily passed Constitutional muster.

The Eighth Amendment to the Constitution protects us from “cruel and unusual punishment” by the government. This seemingly simple language raises a host of complicated questions.

The 8th Amendment is controversial because the terms 'cruel and unusual' have been considered subjective terms and the courts have been divided on how to read the 8th Amendment.

Mo. Broads. Ass’n v. Lacy, 846 F.3d 295 (8th Cir. 2017). On remand, the district court concluded that the challenged provisions of Missouri law violated the First Amendment.