A Scholarly Debate on Baze v. Rees

Because there is so little scholarly commentary out there on the constitutionality of the lethal injection protocol at issue in Baze v. Rees and the case will be argued this Monday, I want to take the unusual step of posting (outside the usual academic round-up) a brand new debate on Baze that will be appearing next month in the University of Pennsylvania Law Review‘s Penumbra online journal. It is not yet available on the Penumbra website and has only recently been posted on SSRN, see here. It features one of our frequent contributors on criminal procedure issues, Doug Berman (Ohio State University-Moritz College of Law), and a newcomer to the academic round-up and blog, Alison Nathan (Fordham Law School). I realize that the layout of the piece is a bit difficult to wade through, but I was assured by Doug today that this is in fact a final copy of the debate.