Professor Eric Berger, JD

Professor Eric Berger
  • University of Nebraska College of Law
  • Columbia Law School
Constitutional law is endlessly rich and fascinating; and it really matters. Constitution law determines what our federal and state governments are permitted to do and what rights we have as individuals.

Eric Berger is a Professor of Law and the Associate Dean for Faculty at the University of Nebraska College of Law. He received his BA with honors in History from Brown University and his JD from Columbia Law School, where he was a Kent Scholar and an Articles Editor on the Columbia Law Review.

Professor Berger teaches Constitutional Law I, Constitutional Law II, Constitutional History, Federal Courts, Legislation and Regulation, and Statutory Interpretation. He has been voted Professor of the Year by the upperclass law students at Nebraska five times. He has also received the College Distinguished Teaching Award and the Law Alumni Council Distinguished Faculty Award.

Professor Berger clerked for the Honorable Merrick B. Garland on the US Court of Appeals for the District of Columbia Circuit. He then practiced in Jenner & Block’s Washington DC law office, where he worked on litigation in several state and federal trial and appellate courts, including the US Supreme Court. Professor Berger’s work there included cases involving lethal injection, same-sex marriage, the detention of foreign nationals at Guantánamo Bay, and internet obscenity.

Professor Berger’s scholarship focuses on constitutional law. Much of his work has explored judicial decision making in constitutional cases, with special attention to deference and other under-theorized factors driving constitutional outcomes. His article Individual Rights, Judicial Deference, and Administrative Law Norms in Constitutional Decision Making was named the winner of the American Constitution Society’s Richard D. Cudahy Writing Competition on Regulatory and Administrative Law. Another of his articles, The Rhetoric of Constitutional Absolutism, was reviewed in the online journal Jotwell. Professor Berger has also written extensively about lethal injection and Eighth Amendment doctrine.

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