Eric Berger

University of Nebraska at Lincoln - College of Law

Assistant Professor

103 McCollum Hall

P.O. Box 830902

Lincoln, NE 68583-0902

United States

SCHOLARLY PAPERS

10

DOWNLOADS
Rank 24,416

SSRN RANKINGS

Top 24,416

in Total Papers Downloads

1,453

CITATIONS

1

Scholarly Papers (10)

1.

Lethal Injection and the Problem of Constitutional Remedies

Yale Law & Policy Review, Vol. 27, No. 2, 2009
Number of pages: 76 Posted: 08 Dec 2008 Last Revised: 02 Jun 2009
Eric Berger
University of Nebraska at Lincoln - College of Law
Downloads 257 (78,188)

Abstract:

Eighth Amendment, death penalty, lethal injection, constitutional remedies, Baze v. Rees, structural injunctions

2.

Lethal Injection Secrecy and Eighth Amendment Due Process

Boston College Law Review, Vol. 55, 2014, Forthcoming
Number of pages: 77 Posted: 15 Jun 2014 Last Revised: 03 Dec 2014
Eric Berger
University of Nebraska at Lincoln - College of Law
Downloads 241 (71,877)

Abstract:

lethal injection, capital punishment, death penalty, due process, right to information, government secrecy, adminstrative agencies, civil rights litigation, Eighth Amendment, Baze v. Rees, method of execution challenge, botched executions, right to civil discovery, constitutional remedies

3.

Individual Rights, Judicial Deference, and Administrative Law Norms in Constitutional Decision Making

Boston University Law Review, Vol. 91, p. 2029, 2011
Number of pages: 74 Posted: 10 Jun 2011 Last Revised: 13 Dec 2011
Eric Berger
University of Nebraska at Lincoln - College of Law
Downloads 177 (118,053)

Abstract:

4.

The Rhetoric of Constitutional Absolutism

William & Mary Law Review, Forthcoming
Number of pages: 96 Posted: 14 May 2014 Last Revised: 11 Mar 2015
Eric Berger
University of Nebraska at Lincoln - College of Law
Downloads 122 (160,264)

Abstract:

constitutional law, judicial decision making, Supreme Court, rhetoric, indeterminacy, popular constitutionalism, cultural cognition, rule of law, aporia

5.

Deference Determinations and Stealth Constitutional Decision Making

Iowa Law Review, Vol. 98, 2013
Number of pages: 69 Posted: 21 Jul 2012
Eric Berger
University of Nebraska at Lincoln - College of Law
Downloads 94 (221,261)

Abstract:

deference, constitutional decision making, institutional choice, administrative law, expertise, democratic legitimacy

6.

In Search of a Theory of Deference: The Eighth Amendment, Democratic Pedigree, and Constitutional Decisionmaking

Washington University Law Review, Vol. 88, No. 1, 2010
Number of pages: 76 Posted: 27 May 2010 Last Revised: 06 Oct 2010
Eric Berger
University of Nebraska at Lincoln - College of Law
Downloads 84 (230,894)
Citation 1

Abstract:

Constitution, Deference, Eighth Amendment, death penalty, capital punishment, lethal injection, Baze, Kennedy, administrative law

7.

The Executioners' Dilemmas

University of Richmond Law Review, Vol. 49, No. 3, 2015
Number of pages: 32 Posted: 19 Mar 2015
Eric Berger
University of Nebraska at Lincoln - College of Law
Downloads 64 (219,766)

Abstract:

lethal injection, capital punishment, death penalty, Eighth Amendment, civil rights litigation, constitutional law, institutional design, incentives

8.

Originalism's Pretenses

University of Pennsylvania Journal of Constitutional Law, Vol. 16, No. 2, p. 329, 2013
Number of pages: 40 Posted: 31 Jan 2014
Eric Berger
University of Nebraska at Lincoln - College of Law
Downloads 61 (273,257)

Abstract:

originalism, constitutional interpretation, constitutional history, constitutional methodology

9.

Lawrence's Stealth Constitutionalism and Same-Sex Marriage Litigation

William & Mary Bill of Rights, Forthcoming
Number of pages: 56 Posted: 04 Mar 2013 Last Revised: 17 Mar 2013
Eric Berger
University of Nebraska at Lincoln - College of Law
Downloads 54 (289,485)

Abstract:

constitutional law, Lawrence v. Texas, same-sex marriage, due process, equal protection, Hollingsworth v. Perry, levels of generality, tiers of scrutiny, hybrid rights, state counting, public opinion, popular constitutionalism

10.

Gross Error

91 Washington Law Review 929
Number of pages: 76 Posted: 23 Mar 2016 Last Revised: 19 Oct 2016
Eric Berger
University of Nebraska at Lincoln - College of Law
Downloads 0 (256,394)

Abstract:

Lethal injection, Eighth Amendment, Supreme Court, capital punishment, death penalty, method-of-execution challenge, Glossip v. Gross, judicial deference, Baze v. Rees, cruel and unusual punishment, institutional analysis, standard of review