Stanford Root

Schedule

Stanford Root

Schedule

LAW 2022

Capital Litigation and the Eighth Amendment

UNITS:3
GRADING:Law Honors/Pass/Restrd Cr/Fail
LEVEL:Graduate
GER:—

While capital punishment has decreased significantly in recent years, both internationally and in the United States, it remains in high use in some regions of this country. In this course, we will (1) explore the modern death penalty over the past LAW 50 years, diving deep into a wide survey of cases that set the doctrine around the death penalty and its limitations, (2) discuss the role that racial biases play in capital punishment and jury selection, (3) detail the capital litigation process in both state and federal courts, including the many procedural hurdles that a litigant must overcome for relief on even meritorious claims, and (4) examine in detail the types of claims that can be raised in capital litigation to obtain relief. PLEASE NOTE: The content of this course, by its nature, will be very triggering for some students -- please feel free to reach out to me in advance to discuss. Readings will include cases, statutes, and rules, as well as reports. Students can choose to write four 5-page reflection papers throughout the quarter, or, with instructor consent, students can choose to write a final R-paper (of at least LAW 26 pages). The paper will be due at the law school's paper deadline. After the term begins, students accepted into the course can transfer from section (LAW 01) into section (LAW 02), which meets the R-paper requirement, with consent of the instructor. Elements used in grading: Class participation and reflection papers or R-paper.

Syllabus for selected term:
View Spring 2027 Syllabus

Sections

1 Term
Seminar 1Open
ID: 1109
0 / 34 enrolled
DAYS:Tuesday, Thursday
TIME:4:15 PM – 5:45 PM
LOCATION:TBD
INSTRUCTOR:
Dalton, John
3units
Seminar 2Open
ID: 1110
0 / 999 enrolled
DAYS:Tuesday, Thursday
TIME:4:15 PM – 5:45 PM
LOCATION:TBD
INSTRUCTOR:
Dalton, John
3units

LAW 2022: Capital Litigation and the Eighth Amendment

3 units · Law Honors/Pass/Restrd Cr/Fail

While capital punishment has decreased significantly in recent years, both internationally and in the United States, it remains in high use in some regions of this country. In this course, we will (1) explore the modern death penalty over the past 50 years, diving deep into a wide survey of cases that set the doctrine around the death penalty and its limitations, (2) discuss the role that racial biases play in capital punishment and jury selection, (3) detail the capital litigation process in both state and federal courts, including the many procedural hurdles that a litigant must overcome for relief on even meritorious claims, and (4) examine in detail the types of claims that can be raised in capital litigation to obtain relief. PLEASE NOTE: The content of this course, by its nature, will be very triggering for some students -- please feel free to reach out to me in advance to discuss. Readings will include cases, statutes, and rules, as well as reports. Students can choose to write four 5-page reflection papers throughout the quarter, or, with instructor consent, students can choose to write a final R-paper (of at least 26 pages). The paper will be due at the law school's paper deadline. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R-paper requirement, with consent of the instructor. Elements used in grading: Class participation and reflection papers or R-paper.

Offered in Spring 2027 at Stanford University.

Spring 2027 sections

  • Seminar — Tuesday Thursday 4:15 PM – 5:45 PM — Dalton, John (Graduate)
  • Seminar — Tuesday Thursday 4:15 PM – 5:45 PM — Dalton, John (Graduate)

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