Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
Rights Violations as Punishment
This Article argues that “punishment exemption”—the assumption that criminal punishment is exempt from traditional constitutional scrutiny—has no legal basis. Drawing on original empirical research, this Article first exposes a maze of modern non-carceral punishments that infringe on constitutional rights, justified by nothing more than the assertion that they are punishment and therefore permissible.