2000-01 Symposium

Addressing Capital Punishment Through Statutory Reform

March 30-31, 2001

Schedule | Speakers | Overview

David Baldus is the Joseph B. Tye professor of law at the University of Iowa College of Law. He is the co-author of Statistical Proof of Discrimination (1980), Equal Justice and the Death Penalty (1990) and numerous articles on capital punishment. He has conducted empirical studies of capital charging and sentencing in Georgia, Colorado, New Jersey, and Philadelphia. His Georgia research conducted with George Woodworth, Professor of Statistics, at the University of Iowa formed the basis of the petitioner's claims in McCleskey v. Kemp (1987). In the late 1980s and early 1990s, Professor Baldus served the New Jersey Supreme Court as a special master for proportionality review in death sentence cases. In that capacity, he helped the New Jersey court establish the empirically based system of comparative proportionality review that it uses in its review of death sentences. His current research focuses on jury selection and capital charging and sentencing in Philadelphia and Nebraska as well as the post WWII history of capital punishment in Europe and the United States.

Professor Douglas A. Berman is an Assistant Professor of Law at The Ohio State University College of Law. He received an A.B. from Princeton University and his J.D. from Harvard Law School. Professor Berman was an editor and Developments Office Chair of the Harvard Law Review. After graduation, Professor Berman served as a law clerk for Judge Jon O. Newman and then for Judge Guido Calabresi, both of the United States Court of Appeals for the Second Circuit. After clerking, Professor Berman was a litigation associate at the law firm of Paul, Weiss, Rifkind, Wharton, and Garrison in New York City. While in practice, Professor Berman was actively involved in pro bono criminal defense work, which included appellate litigation on behalf of death row defendants in Texas. In recognition of his efforts for capital defendants, in 1998, the Association of the Bar of New York City awarded Professor Berman the Thurgood Marshall Award. In addition to authoring numerous publications while at Ohio State, Professor Berman has served as an editor of the Federal Sentencing Reporter for six years. Professor Berman teaches, among other courses, Criminal Law, Criminal Punishment and Sentencing, and a Death Penalty Seminar.

Phyllis L. Crocker is Associate Professor of Law at Cleveland-Marshall College of Law, Cleveland State University. She earned her B.A. at Yale University in 1978 and her J.D. at Northeastern University School of Law in 1985. After graduation from law school she clerked for The Hon. Warren J. Ferguson of the U.S. Court of Appeals for the Ninth Circuit. She was then an associate in a small Chicago firm specializing in complex federal civil litigation. From 1989-94, she was a staff attorney at the Texas Resource Center in Austin, Texas, a federally-funded death penalty resource center that represented Texas death row inmates in state and federal post-conviction litigation. She served as co-counsel in Herrera v. Collins, 506 U.S. 390 (1993).

She joined the Cleveland-Marshall faculty in 1994 and teaches Civil Procedure, Criminal Trial Process, and Capital Punishment and the Law. She is the author of several articles about the constitutional and cultural parameters of the death penalty, including: Is the Death Penalty Good for Women?, BUFF. CRIM. L. REV. (Spring 2001) (forthcoming); Crossing the Line: Rape-Murder and the Death Penalty, 26 OHIO N.U. L. REV. 689 (Symposium issue, 2000) (forthcoming); Childhood Abuse and Adult Murder: Implications for the Death Penalty, 77 N.C. L. REV. 1143 (1999); Feminism and Defending Men on Death Row, 29 ST. MARY'S L.J. 981 (Symposium issue, 1998); and Concepts of Culpability and Deathworthiness: Differentiating Between Guilty and Punishment in Death Penalty Cases, 66 FORDHAM L. REV. 21 (1997).

Deborah W. Denno is Professor of Law at Fordham University School of Law. She received her B.A. from the University of Virginia in 1974, her M.A. from the University of Toronto in 1975, and her Ph.D. in 1982 and her J.D. in 1989 from the University of Pennsylvania. She served as Managing Editor of the University of Pennsylvania Law Review. During 1990-91, Professor Denno clerked for the Hon. Anthony J. Scirica, U.S. Court of Appeals for the Third Circuit. She worked as an associate at Simpson, Thacher & Bartlett in 1990 and joined the Fordham University School of Law faculty in 1991. During 1994-97, Professor Denno served as a member of the United States Sentencing Commission's Drugs-Violence Task Force. Prior to law school teaching, she was a senior research associate and lecturer at the Sellin Center for Studies in Criminology and Criminal Law, University of Pennsylvania where she directed a decade-long project examining the biological and sociological predictors of violence. Professor Denno was also a consultant for seven years on the New Jersey Death Penalty Project. She provided expert testimony in both state and federal courts on the constitutionality of electrocution and lethal injection. She also has been involved in litigation and legislation concerning the effects of lead poisoning on children. Currently, Professor Denno is an editor of the four-volume Encyclopedia of Crime and Justice. She writes on a wide range of criminal law and social science topics including the death penalty, rape, criminal law defenses, and interdisciplinary approaches to crime and the criminal law.

Joseph T. Deters was elected Ohio's 44th State Treasurer on November 3, 1998 and took office on January 11, 1999. As Treasurer, Joe Deters manages a staff of more than 160 and is responsible for collecting and safeguarding some $160 billion in state funds. His duties include serving as custodian for the accounts of Ohio's five public employee retirement systems and the state's workers compensation account. He is also responsible for managing approximately $15 billion in state investments. And, in September 2000, he implemented a revised investment policy that places unprecedented safeguards over Treasury operations.

Joe Deters is also committed to making the Ohio Treasurer of State's office a national model for increased efficiency through the use of the latest technology and most modern banking practices. For example, in October 1999, Treasurer Deters launched BidOhio, the nation's first-ever competitive Internet auction for interim funds held by a state treasury. In its first full year of operation, BidOhio earned Ohio taxpayers more than $3 million in additional interest. In order to share the Treasury's financial expertise with the people of Ohio, Treasurer Deters created "Women & Money" a free financial planning workshop designed to help women take more control over their financial future. The program was held in five Ohio cities over the summer of 2000.

Joe Deters began his career in public service in 1982 as an Assistant Hamilton County Prosecutor. He was subsequently elected to the positions of Hamilton County Clerk of Courts in 1988 and Hamilton County Prosecutor in 1992. Treasurer Deters remains active in civic affairs, currently serving as a member of the Board of Trustees for the University of Cincinnati and participating in the Leukemia Society of America. He is a graduate of the University of Cincinnati and the University of Cincinnati College of Law, which named him its Distinguished Alumnus for 1997.

Richard C. Dieter is a graduate of the Georgetown University Law Center, where he was one of the University's first Public Interest Law Scholars and an editor of the Georgetown Journal of Legal Ethics. Mr. Dieter is the Executive Director of the Death Penalty Information Center in Washington, DC, a position he has held since 1992. The Center is a non-profit organization serving the public and the media with analysis and information on issues related to capital punishment.

Mr. Dieter has worked for many years on human rights and the death penalty. He is frequently quoted in the major print and broadcast media in stories about the death penalty. He has prepared reports on innocence and racial disparities in the death penalty at the request of the Chair of the House Judiciary Subcommittee on Civil and Constitutional Rights. He is also an Adjunct Professor at Catholic University's School of Law, where he teaches a seminar on capital punishment.

James W. Ellis is Dickason Professor of Law at the University of New Mexico, where he has taught since 1976. His principal teaching and research interests focus on Constitutional Law, Mental Disability Law, Criminal Law, and the Rights of Children. A graduate of Occidental College and the University of California at Berkeley (Boalt Hall), Ellis had worked at the Yale Psychiatric Institute (performing alternate service as a conscientious objector) and at the Mental Health Law Project (now the Bazelon Center) before entering teaching. He has served as a Law Reporter for the American Bar Association's Criminal Justice Mental Heath Standards Project and as President of the American Association on Mental Retardation. He is the principal author of briefs in ten cases in the Supreme Court of the United States (including City of Cleburne v. Cleburne Living Center, Penry v. Lynaugh, and University of Alabama v. Garrett), and has worked to obtain passage of statutes protecting people with mental retardation from the death penalty in thirteen states and the U.S. Congress. Ellis is the inaugural recipient of the ABA's Paul G. Hearne Award for disability rights advocacy, and was named by the National Historic Trust on Mental Retardation as one of 36 significant figures in the field of mental retardation in the twentieth century.

Justice Gerald Kogan was appointed to the Florida Supreme Court in January 1987 and served as Chief Justice from 1996 until his retirement in December of 1998. He is currently the President of the Alliance for Ethical Government serving Miami-Dade County, FL. Justice Kogan is a member of the faculty of the American Academy of Judicial Education, teaching Constitutional Criminal Procedure and Trial Procedure. He was a member of the adjunct faculties of the University of Miami School of Law and the Shepard Broad Law Center at Nova University, where he taught Criminal Evidence, Trial Advocacy, and Professional Responsibility. He has taught Trial Advocacy Workshops for prosecutors and public defenders at the University of Florida College of Law, the University of Miami School of Law, and the Shepard Broad Law Center at Nova University. He has been a member of the faculty at the Trial Judges Academy at the University of Virginia and the National Judicial College and was a faculty member for the appellate judges seminar at New York University law school. He was Chair of the Supreme Court's Gender Bias Study Commission and vice chair of the Bench/Bar Commission and Chair of its implementation commission and chaired the Judicial Council.

Margery M. Koosed is Professor of Law at The University of Akron School of Law. She received her Bachelor of Science degree from Miami University in 1971 and her Juris Doctor degree from Case Western Reserve University, Franklin Thomas Backus School of Law in 1974. She has been a member of the faculty at The University of Akron School of Law since 1974 where she teaches criminal law, administration of criminal justice, and seminars in criminal process and capital punishment litigation. Currently, Professor Koosed is the coordinator of the Ohio Death Penalty Task Force. She has testified before the Ohio House of Representatives Judiciary Committee regarding proposed capital punishment law, capital appeals provisions, executing the mentally retarded, and felony-murder and specific intent issues in capital cases; before the Ohio Senate Judiciary Committee regarding capital appeals provisions; and before the Ohio House Select Committee on Crime and the Ohio Senate Judiciary Subcommittee on Crime on removing intermediate appeals in capital cases. She has authored numerous articles on capital punishment issues such as strategies for litigating death penalty cases, execution of the mentally retarded, and appeal and review of death penalty cases.

James S. Liebman is a Simon H. Rifkind Professor of Law at Columbia Law School. Since joining the Columbia Law Faculty in 1985, Professor Liebman has written extensively on capital punishment and is the senior author of the leading American treatise and a number of articles on habeas corpus law. He has argued four major capital and habeas corpus appeals in the United States Supreme Court. Professor Liebman was a law clerk to Judge Carl McGowan of the U.S. Court of Appeals for the District of Columbia Circuit from 1977-78, and to Justice John Paul Stevens of the U.S. Supreme Court from 1978-79. He also served as assistant counsel for the NAACP Legal Defense and Education Fund from 1979-85, specializing in capital punishment habeas corpus, and education law matters. He also has served as Vice-Dean of the Columbia Law School. In addition to publishing numerous books and papers on the death penalty, educational choice and other topics, Professor Liebman has authored op-eds for various publications including Christian Science Monitor, The Atlanta Constitution, The Nation and New York's Newsday. He also has testified before Congress on a number of occasions on fairness and efficiency in death penalty habeas corpus adjudication, among other topics. Professor Liebman's principal areas of interest are criminal law, evidence, ethics, habeas corpus, the death penalty, equality and equal protection, public interest advocacy, and education and the law. He received his B.A. from Yale in 1974, and his J.D. from Stanford in 1977.

Mr. Gregory W. Meyers has been Chief Counsel of the Death Penalty Division for the Office of the Ohio Public Defender since March 1996. Before joining the Ohio Public Defender's Office, Mr. Meyers worked in private practice, for the Franklin County Defender's Office, and for the Ohio Legal Rights Service. Currently, his practice is confined to defending capital clients and supervising a team of twenty-five lawyers, mitigation specialists, investigators and support staff all devoted to representing capital clients from trial on through federal habeas corpus review of capital convictions in Ohio. In his past employment, Mr. Meyers devoted ninety-five percent of his practice to criminal defense, with at least seventy percent consisting of felony-level defense. He has litigated through verdict at jury trial more than sixty-five criminal cases, including more than forty-five felony cases. He has represented thousands of criminal defendants, including those facing Aggravated Murder with Death Penalty Specifications, more than three dozen facing other homicide charges, and hundreds facing Aggravated Felonies of the First or Second Degree.

Mr. Meyers graduated from The Ohio State University College of Law in 1983 where he received the Harry S. Left Award for Graduating Student Most Dedicated to Civil Rights. He received his undergraduate degree from Oberlin College in 1980. He has served on the Board of Directors for the American Civil Liberties Union of Ohio and the American Civil Liberties Union of Central Ohio.

In January 1995, Betty D. Montgomery was sworn in as Ohio's first woman Attorney General. She is Ohio's 45th Attorney General and was re-elected to a second four-year term in November 1998. A former criminal prosecutor and state senator, Montgomery has spent her entire career protecting Ohio's most vulnerable citizens by prosecuting criminals, helping victims, protecting consumers, reshaping Ohio law, and supporting local law enforcement across the state.

A graduate of Bowling Green State University (1970) and the University of Toledo College of Law (1976), the Attorney General began her legal career as a criminal clerk for the Lucas County Common Pleas Court. In 1980, she became assistant prosecuting attorney in Wood County, and quickly advanced to become Perrysburg city prosecutor. She was then elected to serve as Wood County prosecuting attorney, where she increased the felony conviction rate in her office by 250 percent during her eight years as prosecutor.

After two terms as Wood County prosecuting attorney, Montgomery was elected to the Ohio Senate in 1988, where she served as chair of the Criminal Justice Subcommittee, and vice-chair of the Senate Judiciary Committee and the Ohio Criminal Sentencing Commission. In the Senate, her work included drafting Ohio's first living will law, its first Brownfields legislation, and its Victim's Rights Law. Additionally, much of her work centered on crime and law enforcement.

Montgomery has fulfilled commitments to provide increased state support for local law enforcement and to upgrade the state's crime labs, joining only 4 percent of the nation's law enforcement agencies in earning accreditation for both the Ohio Peace Officer Training Academy and the Bureau of Criminal Identification and Investigation. Additionally, her national award-winning Consumer Protection section continues to process record numbers of complaints, log record amounts of revenue recovered on behalf of consumers, and prosecutes consumer fraud cases obtaining a record number of convictions. As part of these priorities, office resources are being focused on those who take advantage of Ohio's most vulnerable citizens - senior citizens, youth, and crime victims. Her increased efforts to protect Ohioans include:

• A senior protection initiative with increased statewide education and enforcement efforts already underway.
• Ohio Against Gangs, the first statewide prevention and suppression effort to combat criminal gang activity.
• Initiatives aimed at helping crime victims receive automated offender information over the telephone, and a streamlined and updated Ohio Victim of Crime Compensation Program offers expanded and more timely benefits to crime victims.

Attorney General Montgomery is dedicated to meeting the commitments she has made to the people of Ohio - to provide quality, professional legal services, to help local law enforcement fight crime, to develop new resources for crime victims, and to protect Ohio consumers and families.

Mr. John E. Murphy is the Executive Director for the Ohio Prosecuting Attorneys Association. He received his J.D. from Capital University. Mr. Murphy worked as a prosecutor for Franklin County for three years. While serving as a county prosecutor, Mr. Murphy litigated felony cases. He has been Executive Director of the Ohio Prosecuting Attorneys Association for twenty-five years.

The Honorable Paul E. Pfeifer was first elected as an Associate Justice to The Supreme Court of Ohio in 1992. During 1976-92, Justice Pfeifer served in the Ohio Senate where he spent ten years as the Senate Judiciary Committee Chairman. While working as a state senator, Justice Pfeifer authored Ohio's current DUI law, crafted Ohio's death penalty law, established mandatory sentencing for violent criminals, and created Ohio's Organized Crime Commission. Prior to serving in the Ohio Senate, Justice Pfeifer was elected to the Ohio House of Representatives in 1970 where he was a member of the Judiciary Committee and the State Government Committee. While working in the Ohio House of Representatives, Justice Pfeifer co-sponsored legislation that streamlined and rewrote Ohio's criminal code. Besides his legislative endeavors, Justice Pfeifer's public service career includes employment as an Assistant Ohio Attorney General during 1967-70 and an Assistant Crawford County Prosecuting Attorney during 1973-76. During 1973-92, Justice Pfeifer was a partner at the law firm of Cory, Brown & Pfeifer. Justice Pfeifer earned both his B.A. and J.D. at The Ohio State University.

Austin Sarat is William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College, Past President of the Law & Society Association, and Chair of the Working Group on Law, Culture and the Humanities. He holds a Ph. D. in Political Science from the University of Wisconsin and a J.D. from Yale Law School. He is author or editor of thirty books including Laws Violence, Divorce Lawyers and Their Clients: Power and Meaning in the Legal Process, (with William Felstiner), Law and the Domains of Culture, History, Memory, and the Law, Race, Law, and Culture: Reflections on Brown v. Board of Education, and The Killing State: Capital Punishment in Law, Politics, and Culture. His most recent book is When the State Kills: Capital Punishment and the American Condition which will be published by Princeton University Press. He has done research on juries in capital cases, the capital punishment defense bar, and the behavior of judges in capital trials. Among his current publications are articles entitled A Folk Knowledge As Legal Action: Death Penalty Judgments and the Tenet of Early Release in a Culture of Mistrust and Permissiveness, Law & Society Review (2000), The Death Penalty, in International Encyclopedia of the Social and Behavioral Sciences (Neil Smelser and Paul Baltes eds., forthcoming 2000), Recapturing the Spirit of Furman: The American Bar Association and the New Abolitionist Politics, Law and Contemporary Problems (1999), Killing Me Softly: Capital Punishment and the Technologies of Death, in Courting Death: The Legal Construction of Mortality (Desmond Manderson ed., 1999), Remorse, Responsibility, and Criminal Punishment: An Analysis of Popular Culture, in The Emotions of Law (Susan Bandes ed., 1999), The Cultural Life of Capital Punishment: Responsibility and Representation in Dead Man Walking and Last Dance, Yale Journal of Law & the Humanities (1999). In 1997 he received The Harry Kalven Award given by the Law & Society Association for "distinguished research on law and society." His current research focuses on causes lawyering and the state, the cultural life of capital punishment, and law in popular culture.

S. Adele Shank is an attorney whose practice is focused primarily on capital defense. She has been engaged in criminal defense work for over fifteen years and was formerly General Counsel to the Ohio Public Defender. She is a member of the Ohio State Bar Association's Criminal law Committee and chaired the sub-committee that drafted the OSBA's 1997 report on legal and procedural defects in use of the death penalty in Ohio. Ms. Shank was a member of the 1990-1991 Governor's Task Force on Female Offenders.

Ms. Shank graduated from The Ohio State University College of Law and was a member of the Ohio State Law Journal staff. She has been working in the clemency field for over ten years. She headed the legal team that successfully defended against the Ohio Attorney General's challenge to Governor Richard Celeste's 1991 grants of commutation to eight death row inmates. State ex rel. Maurer v. Sheward, 71 Ohio St. 3d. 513 (1995). In December 1997, Ms. Shank appeared before the United States Supreme Court to argue Ohio Adult Parole Authority v. Woodward, 140 L. Ed. 2d 387 (1998), a challenge to Ohio's death penalty clemency procedures.

Ms. Shank also has focused on the application of international human rights standards in capital cases. Her publications include: Obligations to Foreigners Accused of Crime in the United States: A Failure of Enforcement, CRIMINAL LAW FORUM, Volume 9, No. 3 (1999) (with Prof. John Quigley); Foreigners on Texas's Death Row and the Right of Access to a Consul, 26 ST. MARY'S L.J. 719 (1995) (with Prof. John Quigley); Defending Battered Women Charged with Capital Murder, in DEFENDING BATTERED WOMEN IN CRIMINAL CASES, American Bar Association National Institute (1993); Defending Battered Women in Capital Cases, in DEFENDING BATTERED WOMEN IN CRIMINAL CASES, American Bar Association National Institute (1992); Client Imposed Limits on the Defense and Review of Capital Cases, CRIMINAL LAW JOURNAL OF OHIO, Volume 4, Issue 4 (April 1992); The Invalidity of an Overbroad Statute, 40 KANSAS L. REV. 45 (1991) (with Prof. John Quigley); Report of the Legal and Civil Rights Subcommittee of the Governor's Task Force on Female Offenders, submitted to the Governor of Ohio (Oct. 18, 1991); Strangers in Strange Lands: Extradition from Foreign Jurisdictions in Capital Cases, THE CHAMPION, National Association of Criminal Defense Lawyers, Volume XV, No. 6 (July 1991) (with Prof. John Quigley).

Carol Steiker is Professor of Law and Associate Dean for Academic Affairs at Harvard Law School. A graduate of Harvard-Radcliffe Colleges and Harvard Law School, Professor Steiker served as a law clerk to Judge J. Skelly Wright of the D.C. Circuit Court of Appeals and to Justice Thurgood Marshall of the U.S. Supreme Court. She then worked as a staff attorney at the Public Defender Service for the District of Columbia, where she represented indigent defendants at all stages of the criminal process. She has been a member of the Harvard Law School faculty since 1992, where she teaches and does research in the areas of criminal law, criminal procedure, and capital punishment. She has served as a consultant and an expert witness on issues of criminal justice for a number of non-profit organizations and federal and state legislatures. To learn more about Professor Steiker's background and publications, please visit http://www.law.harvard.edu/faculty/directory/facdir.php?id=71.

Jordan Steiker is Cooper K. Regents Professor of Law at the University of Texas School of Law. He graduated magna cum laude from Harvard Law School in 1988. He subsequently clerked for Honorable Louis Pollak, U.S. District Court (Eastern District of Pennsylvania) and Justice Thurgood Marshall of the United States Supreme Court. He has taught constitutional law and death penalty law at the University of Texas since 1990, and is co-director of the law school's Capital Punishment Clinic. He has written extensively on federal habeas corpus and the death penalty. Some of his recent publications include Habeas Exceptionalism, 78 Texas Law Review 1703 (2000), Restructuring Post-Conviction Review of Federal Claims Raised by State Prisoners: Confronting the New Face of Excessive Proceduralism, 1998 Chicago Legal Forum 315, The Limits of Legal Language: Decisionmaking in Capital Cases, 94 Michigan Law Review 2590 (1996), Sober Second Thoughts: Reflections on Two Decades of Constitutional Regulation of Capital Punishment, 109 Harvard Law Review 355 (1995) (with Carol Steiker), Incorporating the Suspension Clause: Is There A Constitutional Right to Federal Habeas Corpus for State Prisoners?, 92 Michigan Law Review 862 (1994), Innocence and Federal Habeas, 41 U.C.L.A. Review 303 (1993). Professor Steiker has worked with state legislative committees addressing death penalty issues in Texas, including state habeas reform, clemency procedures in capital cases, and the availability of the death penalty for persons with mental retardation.

Victor L. Streib is a Professor of Law at Ohio Northern University and an attorney specializing in violent crime and the death penalty. Professor Streib has taught at five institutions and has served as the Visiting Fellow at the Association of American Law Schools, as well as authoring several books and over fifty scholarly articles during his academic career. As an attorney, he has served as a prosecuting attorney and a defense attorney, and he has represented juveniles and women convicted of murder before the United States Supreme Court and several state supreme courts. He also has testified before committees of the United States Congress and of seven state legislatures on these issues. His media appearances include 60 Minutes, Larry King Live, All Things Considered, TIME, NEWSWEEK, the Wall Street Journal, and the New York Times. To learn more Professor Streib's background and publications, please visit http://www.law.onu.edu/faculty/streib/streib.htm.

Ronald Tanak is Special Counsel at Skadden, Arps, Slate, Meagher & Flom LLP in New York, NY. After graduating from Harvard Law School in 1974, he clerked for the Hon. John F. Dooling, Jr., U.S. District Court (Eastern District of New York). Mr. Tabak successfully argued Francis v. Franklin, a death penalty case, in the U.S. Supreme Court. He is the chair of the Committee on Civil Rights of the Association of the Bar of the City of New York and co-chair of the Death Penalty Committee of the American Bar Association's Section of Individual Rights and Responsibilities. He has been a leader in the ABA's efforts to recruit and train lawyers for indigent death row inmates. In 1997, he spearheaded the successful effort to get the ABA to call for a moratorium on executions until various due process concerns are resolved. He has spoken on capital punishment at conferences sponsored by the U.S. Court of Appeals for the Ninth Circuit, the Arizona state court system and the Federal Bar Council. Several of Mr. Tabak's most recent publications include Habeas Corpus As a Crucial Protection of Constitutional Rights: A Tribute Which May Also be a Eulogy, Seton Hall Law Review (1996), The American Bar Association's Concerns about Capital Punishment As It Is Administered in the United States Today, Georgia State University Law Review (1998), and How Empirical Studies Can Affect Positively the Politics of the Death Penalty, Cornell Law Review (1998).