Emory Law Journal

Volume 61Issue 6

Cruel and Unusual Punishment: Confining Juveniles with Adults After Graham and Miller

Andrea Wood | 61 Emory L.J. 1445 (2012)

Thousands of juveniles are currently confined with adults in detention and correctional facilities throughout the United States. Juveniles confined in adult facilities face grave dangers to their safety and well-being, including significantly higher rates of physical assault, sexual abuse, and suicide than their counterparts in juvenile facilities. These dangers and other conditions of juvenile confinement with adults give rise to concerns of constitutional dimension. In its Eighth Amendment jurisprudence, the United States Supreme Court has created categorical rules prohibiting the imposition of certain punishments on entire categories of offenders as cruel and unusual punishment.

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Testing Our Teachers

Andrew McKinley | 61 Emory L.J. 1493 (2012)

In recent years, a number of school districts have begun drug testing their teachers, only to find that the Supreme Court’s special needs exception is failing. As it has in other corners of its Fourth Amendment jurisprudence, the Court has erected an exception predicated on a vague “reasonableness” standard, the application of which often varies with the ad hoc interpretations of individual courts.

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