Eric Berger

Professor Eric Berger

Eric Berger Associate Dean for Faculty & Professor of Law

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Biography

Professor Eric Berger joined the faculty in 2007. He received his B.A. with Honors in History from Brown University, and his J.D. from Columbia Law School, where he was a Kent Scholar and an Articles Editor on the Columbia Law Review. After law school, Professor Berger clerked for the Honorable Merrick B. Garland on the United States Court of Appeals for the District of Columbia Circuit. He then practiced in Jenner & Block's Washington, D.C. office, where he worked on litigation in several state and federal trial and appellate courts, including the United States Supreme Court. Professor Berger's matters there included cases involving lethal injection, same-sex marriage, the detention of foreign nationals at Guantanamo Bay, and internet obscenity. Professor Berger teaches Constitutional Law I, Constitutional Law II, Constitutional History, Federal Courts and Statutory Interpretation. In 2008, 2010, 2012, 2015, and 2016 he was voted Professor of the Year by the upperclass law students. In 2010, he also received the College Distinguished Teaching Award.

Professor Berger's scholarship focuses on constitutional law.  His recent work has explored judicial decision making in constitutional cases, with special attention to deference and other under-theorized factors driving constitutional outcomes.  His article Individual Rights, Judicial Deference, and Administrative Law Norms in Constitutional Decision Making, 91 B.U. L. REV. 2029 (2011), was named the 2011 winner of the American Constitution Society's Richard D. Cudahy Writing Competition on Regulatory and Administrative Law.

Professor Berger has also written extensively about lethal injection and in January 2009, he testified before the Judiciary Committee of the Nebraska legislature about a bill to institute lethal injection in Nebraska. He is also the faculty advisor to the Law College's chapter of the American Constitution Society.

Professor Berger became the Associate Dean for Faculty in 2016.

Courses

Constitutional Law I Law 609/G (EDAD *870) (1-4 cr hr)
An introduction to American constitutional law with attention to both governmental structure and individual rights. Among other topics, we will explore the history and judicial interpretation of the Constitution, the scope of the judicial power, federalism, separation of powers, due process, and equal protection.

Constitutional Law II Law 732/G (EDAD *871) (1-4 cr hr)
Emphasizes protected individual civil liberties with a focus on the First Amendment and related issues in constitutional litigation.

Constitutional History Law 619/G (EDAD 977) (1-4 cr hr)
American constitutional history with a focus on "transformative" moments at which the Constitution and the nature of American politics and government changed. We will also explore how courts use history when they interpret the Constitution.

Federal Courts Law 754/G (3 cr hr)
This course is an advanced study of constitutional law and constitutional litigation. It focuses on the federal judicial system and the distribution of power between the federal and state systems and between the judiciary and the other branches of government.

Statutory Interpretation: Practice and Policy Law 728 (3 cr hr)
An introduction to the legislative process, with particular attention to issues that inform statutory interpretation.

Articles

Gross Error,  Wash. L. Rev. - (forthcoming 2016)

The Executioners' Dilemmas,  49 Rich. L. Rev. 731 (2015) (invited symposium contribution)

The Rhetoric of Constitutional Absolutism,  56 Wm. & Mary L. Rev. 667 (2015)

Originalism's Pretenses,  15 U. Pa. J. Const. L. 329 (2013) (invited symposium contribution)

Thoughts on LB 36: Problems with the Proposed Bill to Institute Lethal Injection in Nebraska,  1 Neb. L. Rev. Bull. 14 (2009) (solicited)

The Collision of the Takings and State Sovereign Immunity Doctrines,  63 Wash. & Lee L. Rev. 493 (2006)

Note: The Right to Education Under the South African Constitution,  103 Colum. L. Rev. 614 (2003)

Books

Awards

"Professor of the Year" Award (voted by Upperclass Law Students)  (2016)

"Professor of the Year" Award (voted by Upperclass Law Students)  (2015)

"Professor of the Year" Award (voted by Upperclass Law Students)  (2012)

Winner of American Constitution Society's Richard D. Cudahy Writing Competition on Regulatory and Administrative Law  (2011)

College Distinguished Teaching Award  (2010)

C.A. Sorensen Award (awarded by Nebraskans Against the Death Penalty)  (2010)

"Professor of the Year" Award (voted by Upperclass Law Students)  (2010)

"Professor of the Year" Award (voted by Upperclass Law Students)  (2008)

Media

Education

J.D., Columbia University School of Law (2003)
B.A., with Honors, Brown University (1995)

Areas of Expertise

Appointments

Associate Dean for Faculty, 2016
Professor of Law, 2015
Associate Professor of Law, 2012
Assistant Professor of Law, 2007