The Yale Law Journal

Judith Resnik

Forum

(Un)Constitutional Punishments: Eighth Amendment Silos, Penological Purposes, and People’s “Ruin”

Judith Resnik

Timbs v. Indiana reaffirms the Constitution's role in determining the bounds of licit punishment. This Essay weaves together doctrines that are often siloed but answer the same question: what can't governments do as punishment? I argue that the law has begun to build the principle that governments n…

Essay

Gideon at Guantánamo: Democratic and Despotic Detention

Hope Metcalf & Judith Resnik


122 Yale L.J. 2504 (2013).

One measure of Gideon v. Wainwright is that it made the U.S. government’s efforts to isolate 9/11 detainees from all outsiders at Guantánamo Bay conceptually and legally unsustainable. Gideon, along with Miranda v. Arizona, is part of a democratic narrative shaped over dec…