Tuesday, March 31, 2009


Are There Any Law Professors Who Do Pro-Death Penalty Scholarship?

Orin Kerr asks:

Who are the legal scholars who write on the death penalty on a regular or semi-regular basis but who do not write from the perspective of opposition to the death penalty? Stuart Banner might be one: I've only skimmed his book on the death penalty, but it struck me as largely neutral in tone. Are there others? I realize that most legal scholars who write on the death penalty are against it; I'm just curious about who the outliers are....

Paul Cassell): In my pro-con book of the deasth penalty [mentioned above], I had a hard time tracking down pro-death penalty scholars from the legal academy. We ended up using Louis P. Pojman,a professor of philosophy at the U.S. Military Academy for one of the pieces. 3.30.2009 5:59pm

OrinKerr: Thanks, Paul. Yes, I'm reminded of the panel at the AALS mid-year meeting 2 years ago on how you could bring a diversity of different views of the death penalty to enrich the debate. The panel was made up only of death penalty critics, who had their own different takes on how to oppose the death penalty (using statistics, history, etc.).

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