Bio
Eric Berger, who joined the faculty in 2007, has written extensively about lethal injection litigation. He previously practiced in Jenner & Block’s Washington, D.C. office, where he worked on litigation in several state and federal trial and appellate courts, including the United States Supreme Court. Berger’s matters there included cases involving lethal injection, same-sex marriage, the detention of foreign nationals at Guantanamo Bay, and internet obscenity. 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. (Updated November 2024.)