28 Jan 2021
Professor Eric Berger’s article, Death Penalty Administration: A Response to Alexandra Klein’s Nondelegating Death, has been published in the Ohio State Law Journal Online.
The piece explores the non-delegation doctrine in the death penalty context and argues that courts reviewing state death penalty procedures should focus instead on other administrative law doctrines.
Berger, Earl Dunlap Distinguished Professor of Law, focuses his scholarship on constitutional law. Much of his work explores judicial decision making in constitutional cases, with special attention to deference, fact finding, rhetorical strategies, and other under-theorized factors that help shape judicial opinions in constitutional cases.