The University of New Hampshire Law Review

Volume 6, Number 3 (2008) Pierce Law Review

Foreword: The Perpetual Controversy

A little more than thirty years have passed since the U.S. Supreme Court’s decisions in Gregg v. Georgia1 and its companion cases authorized the resumption of capital punishment in America. Some might have thought, at the time, that Gregg marked the end of the crisis that began four years earlier with the apparent judicial abolition of the death penalty effected by Furman v. Georgia.2 The Court, it seemed, had surrendered and would no longer interpose significant obstacles to the administration of capital punishment. The people, through their elected representatives in the state legislatures, had spoken, and the people wanted the death penalty.

From the perspective of 2008, Gregg seems less a surrender than a retreat. Far from disappearing from the Supreme Court’s docket, death penalty cases have remained a staple of the Court ever since Gregg. Rarely does a Supreme Court term pass without a decision in at least one death penalty case. Capital punishment has become, in the law at least, a source of perpetual controversy.

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Prefatory Matter



Editorial Board


Nicklas Anderson
Managing Editor
Michael Parsons
Chief Articles Editor
Peter Keane
Executive Editor
Anthony Galdieri
Chief Notes Editor
Cynthia Mousseau


Form & Accuracy Editors
Alexander Meagher
Frederick Millett
Senior Articles Editors
Scott Dodds
Justin Maleson
Sabin Maxwell
R. Terry Parker
David Roccio

Articles Editors

Jill Corey
James Finigan
S. Patrick Morin
Adam Rick
Michelle Windom
Tyson Crane
Tommy Kim
Nicole Negowetti
Jeffrey Rummler
Ee Ming Yap
Jason Dorsky
Michael Mathaisel
Peter Norseth
Joeann Walker
Megan Yaple


Faculty Advisors
Jordan Budd
John Orcutt
Business Manager
Carol Ruh

Special issue on the death penalty.