California Law Review Page 1 California Law Review VOL. 102 APRIL 2014 No.2 Copyright ©
2014 by California Law Review, Inc., a California Nonprofit Corporation Reviving the …

In recent years, both legal scholars and the American public have become aware that
something is not quite right with the Supreme Court's Eighth Amendment jurisprudence …

In recent years, the use of economic sanctions-statutory fines, surcharges, administrative
fees, and restitution-has exploded in courts across the country. Economic sanctions are …

Death is different, according to the Supreme Court.'And the Court is hardly guilty of
understatement. Its capital sentencing jurisprudence departs from its noncapital sentencing …

Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19
crisis in prisons have triggered state and federal officials to seek alternatives to …

From the ancient origins of Just War doctrine to utilitarian and retributive theories of
punishment, concepts of proportionality have long been an instrumental part of the rule of …

The Supreme Court's proportionality jurisprudence under the Cruel and Unusual
Punishments Clause appears to be undergoing a kind of renaissance. Since 2002, the Court …

This Article draws a distinction between two kinds of plea bargain-ing. In some instances,
the practice of plea bargaining leads to what this Article calls de facto unilateral adjudication …

This Article examines proportionality as a constitutional limitation on the power to punish. In
the criminal context, proportionality is often mischaracterized as a specifically penological …

This Article continues our project of applying new findings in the behavioral psychology of
human happiness to some of the most deeply analyzed questions in law. When a state …