70 U. Pitt. L. Rev. 647 (2008-2009)
Anxiety, Despair, and the Maddening Isolation of Solitary Confinement: Invoking the First Amendment's Protection against State Action that Invades the Sphere of the Intellect and Spirit; McLeod, Jeffrey Smith

handle is hein.journals/upitt70 and id is 655 raw text is: NOTES
ANXIETY, DESPAIR, AND THE MADDENING ISOLATION OF
SOLITARY CONFINEMENT: INVOKING THE FIRST
AMENDMENT'S PROTECTION AGAINST STATE ACTION THAT
INVADES THE SPHERE OF THE INTELLECT AND SPIRIT
Jeffrey Smith McLeod*
Table of Contents
I.  Introduction  ...........................................  649
II. A Brief History of Solitary Confinement and Its Use in
U .S. Prisons  ..........................................  650
A. Solitary Confinement in the Twentieth Century ........... 652
B.  M odem  Practices  ...................................  653
III. The Effects and Efficacy of Solitary Confinement ............ 655
IV. The Eighth Amendment as It Applies to Solitary Confinement ... 657
A. The Eighth Amendment ............................ 659
B. Traditional Eighth Amendment Jurisprudence ............ 659
C. Modem Eighth Amendment Jurisprudence ............... 660
D. Challenging the Use of Solitary Confinement Under the
Eighth Amendment  .................................  663
*  J.D. 2009, University of Pittsburgh School of Law; M.S.P.P.M. 2009, Carnegie Mellon
University, H.J. Heinz III College, School of Public Policy and Management; A.B. 2002, University of
Michigan. Thanks to Jules Lobel, Andrew Taslitz, Richard Delgado, Mitchell Crusto, Caroline Smith, and
Allison Sanders McLeod for their helpful comments on drafts of this Note. Thanks also to the University
of Pittsburgh Law Review for their editing assistance and the Document Technology Center for their
technical support.

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