The Eighth Amendment as a Warrant Against Undeserved Punishment, William & Mary Bill of Rights Journal (2013)

Should the Eighth Amendment prohibit all undeserved criminal convictions and punishments? There are grounds to...



Repudiating the Narrowing Rule in Capital Sentencing, Brigham Young University Law Review (2012)

This Article proposes a modest reform of Eighth Amendment law governing capital sentencing to spur...



Race, Death and Disproportionality (Symposium Article), Northern Kentucky Law Review (2010)

Statistical studies showing unconscious racial bias in capital selection matter under the eighth amendment. In...



Slavery as Punishment: Original Public Meaning, Cruel and Unusual Punishment and the Neglected Clause in the Thirteenth Amendment, Arizona Law Review (2009)

Steadfast originalists agree that the original meaning of our constitution's language, once found, should be...



Understanding Capital Punishment Law, Third Edition (with Linda Carter and Ellen Kreitzberg) (2012)
Understanding Capital Punishment Law, Second Edition (with Linda E. Carter and Ellen Kreitzberg) (2008)

Contributions to Books

Capital Punishment: Due Process Limits, I Encyclopedia of American Civil Liberties (2006)
Capital Punishment: Eighth Amendment Limits, I Encyclopedia of American Civil Liberties (2006)
Publicity in Criminal Cases, Encycopedia of Crime & Justice (2002)