Professor Eric Berger’s new article, "Gross Error," was recently published by the Washington Law Review. The article critiques the U.S. Supreme Court’s decision in Glossip v. Gross, upholding Oklahoma’s lethal injection protocol. More specifically, the article contends that the Supreme Court’s ruling was premised on various sorts of deference. Upon closer examination, each instance of deference was, at best, highly questionable and, at worst, simply incorrect.
Full article: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2752690
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Professor Berger was the subject of a feature article in the Daily Record.
Full article: http://www.omahadailyrecord.com/index.cfm?show=10&mid=84&pid=61
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Professor Berger wrote an op-ed that appeared in the Omaha World-Herald. The piece discussed a bill in the Nebraska legislature calling for a constitutional convention.
Full article: http://www.omaha.com/opinion/eric-berger-no-to-a-constitutional-convention/article_d3b4fc9d-cf7d-5c39-a514-88d2a8e7a71d.html
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Professor Berger participated in the Drake Constitutional Law Center’s 2017 symposium on President Obama’s Constitutional Law legacy. His talk was entitled “The Constitution in the Age of Governmental Dysfunction.”
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Professor Berger, along with State Senator Colby Coash, spoke on behalf of Retain A Just Nebraska, an organization advocating for the end of the Nebraska death penalty.
Media coverage is below:
http://www.omaha.com/news/crime/death-penalty-in-nebraska-periodic-rise-and-fall-of-opposition/article_71f718a4-d25a-54f4-8053-cb8f58dda500.html
http://www.kmtv.com/news/local-news/death-penalty-drugs-scrutinized-in-lincoln
http://journalstar.com/legislature/as-voting-begins-death-penalty-issue-will-be-key-question/article_94feb858-4ee4-5555-bb21-51c0a4a06379.html
http://journalstar.com/news/state-and-regional/nebraska/nebraska-death-penalty-foes-call-for-audit-of-drug-purchase/article_9cae84d1-bf63-5c51-b7b4-2d169de82cb2.html
http://journalstar.com/legislature/execution-drugs-still-a-question-in-death-penalty-campaign/article_9103b3fe-7a65-51b2-af3d-82ae96a26842.html
http://www.starherald.com/news/local_news/death-penalty-opponents-say-death-penalty-unlikely-to-ever-be/article_0a9c3c30-854e-5168-ba6c-f001034b8fa4.html
http://nebraskaradionetwork.com/2016/10/06/law-professor-a-vote-for-the-death-penalty-will-be-a-costly-proposition/