Equal protection
Article Abstract:
Three leading equal protection cases were decided in the US Supreme Court's 1991 term. United States v Fordice treats state-supported predominantly black universities as constitutionally suspect, a decision which could restrict black students' choices to attend institutions where their race is the majority. In Georgia v McCollum, the court ruled that criminal defendants may not racially discriminate in the use of peremptory challenges. In Freeman v Pitts, the court allowed a district court to discontinue supervision of a racially segregated school district before integration was achieved.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Eighth Amendment
Article Abstract:
The US Supreme Court in Hudson v McMillian helped to clarify the standards governing treatment of prisoners qualifying as cruel and unusual punishment under the Eighth Amendment. The court properly held that severity of punishment rather than severity of injury determines whether force is excessive. However, the court also extended the 'malicious and sadistic' subjective standard to all excessive force cases, exposing prisoners to abuse by prison officials who indiscriminately use force.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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