Exact(5)
Rather than the "strict scrutiny" usually applied in race discrimination cases, the Ninth Circuit applied a more relaxed standard of review derived from a prison regulation case the Supreme Court decided in 1987.
Framing the action with chain-link fences, and illustrating it with candy-colored toys (no metal or glass, per prison regulation), Lloyd reveals the drama of honorable conquest — and the bloody terror it occasions — as so much destructive, meaningless mania.
O'Connor's opinion, Thomas said, had expanded the cruel-and-unusual-punishment clause "beyond all bounds of history and precedent" and was "yet another manifestation of the pervasive view that the Federal Constitution must address all ills in our society.…The Eighth Amendment is not, and should not be turned into, a National Code of Prison Regulation".
So when Thomas' dissent, joined by Scalia, rested entirely on the latter justice's arch-conservative originalist analysis and featured lines like "the Eighth Amendment is not, and should not be turned into, a National Code of Prison Regulation," the popular perception of Thomas as Scalia's empty vessel came to life.
Most interviews were recorded, and subsequently transcribed by AK, except when prison regulation prohibited the use of electronic devices, or when respondents felt uncomfortable about discussing sensitive issues relating to anabolic steroids.
Similar(55)
While nothing in the prison regulations allowed prisoners to write plays or novels or essays, inmates had permission to write letters.
"We got into detailed negotiations about prison regulations and the time that the prisoners could spend in the workshops - especially if they could work over lunch.
South Carolina's law, like the one proposed by Mr. Weingarten, also exempts prison regulations.
He could have shaved more than six years off his sentence had he obeyed prison regulations.
Now the richest inmate in Russia, he shares a cell in Moscow with two men; prison regulations allow one shower per week.
The decision in that case, Turner v. Safley, said that courts should generally uphold prison regulations that are "reasonably related to a legitimate penological interest".
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