All Bathwater, No Baby: Expressive Theories of Punishment and the Death Penalty

Susan A. Bandes*

A review of Carol S. Steiker and Jordan M. Steiker, Courting Death: The Supreme Court and Capital Punishment.


*Centennial Distinguished Professor of Law Emeritus, DePaul University College of Law. This Review began taking shape when I was a visiting scholar at NYU Law School in the spring of 2017, and I owe thanks to Rachel Barkow, Barry Friedman, and NYU’s Center on the Administration of Criminal Law for being such gracious hosts. I am also grateful to Deborah Denno, Carol Sanger, and Scott Sundby for valuable comments on an earlier draft of this Review, and to David Garland for illuminating conversation.

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