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Professor of Law and Director, Cornell Death Penalty Project
Working Papers
"Plea Bargaining and the Right to the Effective Assistance of Counsel: Where the Rubber Hits the Road in Capital Cases," Cornell Legal Studies Research Paper No. 13-01 (2013).
"The Unexonerated: Factully Innocent Defendents Who Plead Guilty," (with Rebecca K. Helm) Cornell Legal Studies Research Paper (2012)
"Implementing (Or Nullifying) Atkins: The Impact of State Procedural Choices on Outcome in Capital Cases Where Intellectual Disability is at Issue" (with Sheri Johnson & Christopher Seeds), (forthcoming, spring 2011).
Articles
"Gideon Exceptionalism?," (with Sheri Johnson) 122 Yale Law Journal 2126 (2013).
"The Delaware Death Penalty: An Empirical Study," (with Sheri Lynn Johnson,Theordore Eisenberg, Valerie P. Hans & Martin T. Wells) 97 Iowa Law Review 1925 (2011-2012).
"Unholy Paralells between McClesky v. Kemp and Plessy v. Ferguson: Why McClesky (Still) Matters," (with Sheri Johnson) 10 Ohio State Journal of Criminal Law 37 (2012).
"The Folly -and Faith- Of Furman," (with Sheri Johnson) 13 Journal of Appellate Practice and Process 33 (2012).
"Racial Epithets in the Criminal Process," (with Sheri Johnson and Patrick Wilson) 2011 Michigan State Law Review 755 (2012).  
"Convicting Lenny: Mental Retardation, Wrongful Convictions and the Right to a Fair Trial," (with Sherri Johnson & Susan E. Millor) 56 New York Law School Law Review 943 (2011).
"Life, Death, and Neuroimaging: The Advantages and Disadvantages of the Defense's use of Neuroimages in Capital Cases - Lessons from the Front," ( with Emily C. Paavola) 62 Mercer Law Review #3  (2011).
"In Defense of Non-capital Habeas: A Response to Hoffman and King," ( with Sheri Johnson and Keir Weyle) 96 Cornell Law Review 435 (2011).
"Unwell: Indiana v. Edwards and the Plight of Mentally Ill Pro Se Defendants" (with Morgan Clark), 21 Cornell Journal of Law and Public Policy 151 (2011).
"When Lightning Strikes Back:South Carolina's Return to the Unconstitutional, Standardless Capital Sentencing Regime of the Pre-Furman Era" (with Sheri L. Johnson, Emily Paavola, and Keir Weyble), 4 Charleston Law Review 479 (2010).
"Is It Admissible: Tips for Criminal Defense Attorneys on Assessing the Admissibility of a Criminal Defendant's Statements" Part Two (with Emily Paavola), 21 South Carolina Lawyer 27 (2010).
"Is It Admissible: Tips for Criminal Defense Attorneys on Assessing the Admissibility of a Criminal Defendant's Statements" Part One (with Emily Paavola), 21 South Carolina Lawyer 28 (2010).
"The Dance of Death or (Almost) 'No One Here Gets out Alive': The Fourth Circuit's Capital Punishment Jurisprudence," 61 South Carolina Law Review 465 (2010).
"A Reintroduction: Survival Skills for Post-Conviction Practice in South Carolina" (with Emily C. Paavola) 4 Charleston Law Review 223 (2010).
"When Lightning Strikes Back: South Carolina's Return to the Unconstitutional, Standardless Capital Sentencing Regime of the Pre-Furman Era" (with Sheri L Johnson), 4 Charleston Law Review 479-535 (2010).
"An Empirical Look at Atkins v. Virginia and its Application in Capital Cases" (with Sheri Lynn Johnson and Christopher Seeds) 76 Tennessee Law Review 625-639 (2009).
"Back to a Future: Reversing Keith Simpson's Death Sentence and Making Peace with the Victim's Family Through Post-Conviction Investigation" (with Sheri Lynn Johnson), 77 UMKC Law Review 963-988 (2009).
"Of Atkins and Men: Deviations from Clinical Definitions of Mental Retardation in Death Penalty Cases," (with Sheri Lynn Johnson and Christopher Seeds) 18 Cornell Journal of Law and Public Policy 689-733 (2009).
"Crime Labs and Prison Guards: a Comment on Melendez-Diaz and its Potential Impact on Capital Sentencing Proceedings," (with Emily Paavola), 3 Charleston Law Review 205 (2009).
"I Object is Not Enough - Tips for Criminal Defense Attorneys on Avoiding Procedural Default" (with Emily C. Paavola) 20 South Carolina Lawyer 35 (2009).
"The Dilemma of the Criminal Defendant with a Prior Record- Lessons from the Wrongfully Convicted," 5 Journal of Empirical Legal Studies 477 (2008).
"Competent Capital Representation: the Necessity of Knowing What Jurors Tell Us About Mitigation," (with Sheri Lynn Johnson and Scott Sundby), 36 Hofstra Law Review 1035 (2008).
"Every Juror Wants a Story, Story: Narrative Relevance, Third Party Guild and the Right to Present a Defense" (with Sheri Lynn Johnson and Emily C. Paavola), 44 (3) American Criminal Law Review 1069 (2007).

"'It's Like Déjà Vu All Over Again:' Williams V. Taylor, Wiggins V. Smith, Rompilla V. Beard and a (Partial) Return to the Guidelines Approach to the Effective Assistance of Counsel," (with Stacey Neumann), 34 American Journal of Criminal Law 127 (2007).

"Reliability Matters:  Reassociating Bagley Materiality, Strickland Prejudice, and Cumulative Harmless Error," (with Christopher Seeds), 95 Journal of Criminal Law and Criminology 1153-94 (2005).
"AEDPA:  The 'Hype' and the 'Bite'," 91 Cornell Law Review 259-302 (2006).
"Education and Interrogation:  Comparing Brown and Miranda," (with Sheri Lynn Johnson and Ross Feldmann), 90 Cornell Law Review 321 (2005).
"Killing the Willing:  'Volunteers,' Suicide and Competency," 103 Michigan Law Review 939 (2005).
"Twenty-Five Years of Death: A Report of the Cornell Death Penalty Project on the ‘Modern Era’ of Capital Punishment," 54 South Carolina Law Review 285 (2002).
"Amicus Brief in People v. Harris, 2002 WL 1461372 (NY, June 9, 2002)" (with 18 law school professors), 27 New York University Review of Law and Social Change 399 (2002).
"Killing the Non-Willing: Atkins, the Volitionally Incapacitated, and the Death Penalty" (with Sheri Lynn Johnson), 55 South Carolina Law Review 93 (2003).
"Capital Cases Part 2: Principles of Developing and Presenting Evidence of Mental Retardation" (with Patricia Blume Leonard), 26 The Champion 33 (June 2002).
"Capital Cases Part 1: Principles of Developing and Presenting Evidence of Mental Retardation" (with Patricia Blume Leonard), 26 Champion 58 (May 2002).
"Probing Life Qualification Through Expanded Voir Dire," (with Sheri Lynn Johnson and A. Brian Threlkeld), 29 Hofstra Law Review 1209 (2001).
"Ten Years of Payne: Victim Impact Evidence in Capital Cases," 88 Cornell Law Review 257 (2003).
"Future Dangerousness in Capital Cases: Always 'At Issue'," (with Stephen P. Garvey and Sheri Lynn Johnson), 86 Cornell Law Review 397 (2001).
"Capital Cases: Principles of  Developing and Presenting Mental Health Evidence in Criminal Cases," (with Pamela Blume Leonard), 24 Champion 63 (November 2000).
"Capital Cases: Avoiding or Challenging a Diagnosis of Antisocial Personality Disorder" (with David P. Voisin), 24 Champion 69 (April 2000).
"Don't Take His Eye, Don't Take His Tooth, and Don't Cast the First Stone:  Limiting Religious Arguments in Capital Cases" (with Sheri Lynn Johnson) 9 William and Mary Bill of Rights Journal 61-104 (2000).
"The Fourth Circuit's Double-Edged Sword: Eviscerating the Right to Present Mitigating Evidence and Beheading the Right to Assistance of Counsel" (with Sheri Lynn Johnson), 58 Maryland Law Review 1480 (1999).
"Judicial Politics, Death Penalty Appeals, and Case Selection: An Empirical Study" (with Theodore Eisenberg), 72 Southern California Law Review 465-504 (1999).
"Death by Default: State Procedural Default Doctrine in Capital Cases" (with Pamela A. Wilkins), 50 South Carolina Law Review 1 (1998).
"Post-McCleskey Racial Discrimination Claims in Capital Cases" (with Theodore Eisenberg and Sheri Lynn Johnson), 83 Cornell Law Review 1771 (1998).
"Batson: Then and Now, Part I" (with Elizabeth Piliavin), 10 South Carolina Lawyer 20 (Sept/Oct 1998).
"Batson: Then and Now, Part II" (with Elizabeth Piliavin), 10 South Carolina Lawyer 20 (Nov/Dec 1998).
"An Introduction to Federal Habeas Corpus Practice and Procedure" (with David P. Voisin), 47 South Carolina Law Review 271 (1996).
"An Introduction to Post-Conviction Remedies, Practice, and Procedure in South Carolina," 45 South Carolina Law Review 235 (1994).
"Harmless Error in Federal Habeas Corpus After Brecht v. Abrahamson" (with Stephen P. Garvey), 35 William and Mary Law Review 163 (1993).
"Understanding Teague v. Lane" (with William Pratt), 18 New York University Review of Law and Social Change 352 (1991).
"The Changing Face of Retroactivity" (with William Pratt), 58 University of Missouri-Kansas City Law Review 581 (1990).
"Racial Discrimination in the State’s Use of its Peremptory Challenges: The Application of the Supreme Court’s decision in Batson v. Kentucky in South Carolina," 40 South Carolina Law Review 299 (1989).
"Sentencing the Mentally Retarded to Death: An Eighth Amendment Analysis" (with David Bruck), 41 Arkansas Law Review 725 (1988).
"Deadly Force in Memphis: Garner v. Tennessee," 15 Cumberland Law Review 89 (1984).