David C. Baldus

David C. Baldus

Position: 

Joseph B. Tye Professor of Law

Biographical Information

David Christopher Baldus was born in Wheeling, W.Va., on June 23, 1935. He was educated at Dartmouth College, the University of Pittsburgh and Yale Law School. He joined the University of Iowa College of Law faculty in 1969. He is known for his research on race and the death penalty. Professor Baldus’s work was at the center of the 1987 Supreme Court decision, McCleskey v. Kemp. He was on the faculty until his death in 2011. Professor Baldus was held in high esteem by the U.S. legal community. See a tribute to him in the New York Times, June 14, 2011, page B13

Publications

Books

David C. Baldus, with George Woodworth and Charles A. Pulaski, Jr. Equal Justice and the Death Penalty: A Legal and Empirical Analysis. Boston: Northeastern University Press, 1990.
David C. Baldus, with James W.L. Cole. Statistical Proof of Discrimination. Colorado Springs: Shepard's Inc., 1980.

Book Chapters

David C. Baldus, "McCleskey v. Kemp (1987): Denial, Avoidance, and the Legitimization of Racial Discrimination in the Administration of the Death Penalty," with George Woodworth, John Charles Boger, and Charles A. Pulaski, in Death Penalty Stories, edited by John H. Blume and Jordan M. Steiker. New York: Thomson Reuters/Foundation Press, 2009.
David C. Baldus, "Empirical Studies of Race and Geographic Discrimination in the Administration of the Death Penalty: A Primer on the Key Methodological Issues," with George Woodworth, David Zuckerman, Neil Alan Weiner, and Catherine M. Gross, in The Future of America's Death Penalty: An Agenda for the Next Generation of Capital Punishment Research, edited by Charles S. Lanier, William J. Bowers, and James R. Acker. Durham, NC: Carolina Academic Press, 2009.
David C. Baldus, "Perspectives, Approaches, and Future Directions in Death Penalty Proportionality Studies," with George Woodworth and Neil Alan Weiner, in The Future of America's Death Penalty: An Agenda for the Next Generation of Capital Punishment Research, edited by Charles S. Lanier, William J. Bowers, and James R. Acker. Durham, NC: Carolina Academic Press, 2009.
David C. Baldus, "Race Discrimination and the Death Penalty," with Charles A. Pulaski, Jr. and George Woodworth, in The Oxford Companion to the Supreme Court of the United States, edited by Kermit L. Hall, James W. Ely, Jr., and Joel B. Grossman. New York: Oxford University Press, 2nd ed., 2005.
David C. Baldus, "Race Discrimination and the Death Penalty: An Empirical and Legal Overview," with George Woodworth, in America's Experiment with Capital Punishment, edited by James R. Acker, Robert M. Bohm, and Charles S. Lanier. Durham, NC: Carolina Academic Press, 2nd revised ed., 2003.
David C. Baldus, "Race Discrimination and the Death Penalty: An Empirical and Legal Overview," with George Woodworth, in America's Experiment with Capital Punishment, edited by James R. Acker, Robert M. Bohm, and Charles S. Lanier. Durham, NC: Carolina Academic Press, 1998.
David C. Baldus, "Additur/Remittitur Review: An Empirically Based Methodology for the Comparative Review of General Damages Awards for Pain, Suffering, and Loss of Enjoyment of Life," with John C. MacQueen and George Woodworth, in Reforming the Civil Justice System, edited by Larry Kramer. New York: New York University Press, 1996.
David C. Baldus, "Race Discrimination and the Death Penalty," with Charles A. Pulaski, Jr. and George Woodworth, in The Oxford Companion to the Supreme Court of the United States, edited by Kermit L. Hall and James W. Ely, Jr. New York: Oxford University Press, 1992.
David C. Baldus, "Law and Statistics in Conflict: Reflections on McCleskey v. Kemp," with Charles A. Pulaski, Jr. and George Woodworth, in Handbook of Psychology and Law, edited by Dorothy K. Kagehiro and William S. Laufer. New York: Springer-Verlag, 1992.
David C. Baldus, "Quantitative Methods for Judging the Comparative Excessiveness of Death Sentences," in The Use/Nonuse/Misuse of Applied Social Research in the Courts, edited by Michael J. Saks and Charles H. Baron. Cambridge, MA: Abt Books, 1980.

Articles

David C. Baldus, "The Impact of Civilian Aggravating Factors on the Military Death Penalty ( 1984-2005): Another Chapter in the Resistance of the Armed Forces to the Civilianization of Military Justice," with Catherine M. Grosso and George Woodworth, 43 University of Michigan Journal of Law Reform 569 (2010), 47 pages.
David C. Baldus, "Evidence of Racial Discrimination in the Use of the Death Penalty: A Story From Southwest Arkansas (1990-2005) With Special Reference to the Case of Death Row Inmate Frank Williams, Jr. (Symposium: The Past, Present, and Future of the Death Penalty)," with Julie Brain, Neil A. Weiner, and George Woodworth, 76 Tennessee Law Review 555 (2009), 59 pages.
David C. Baldus, "Race and Proportionality since McCleskey v. Kemp (1987): Different Actors with Mixed Strategies of Denial and Avoidance," with George Woodworth and Catherine M. Grosso, 39 Columbia Human Rights Law Review 143 (2007), 34 pages.
David C. Baldus, "Race Discrimination and the Legitimacy of Capital Punishment: Reflections on the Interaction of Fact and Perception," with George Woodworth, 53 DePaul Law Review 1411 (2004), 85 pages.
David C. Baldus, "Race Discrimination in the Administration of the Death Penalty: An Overview of the Empirical Evidence with Special Emphasis on the Post-1990 Research," with George Woodworth, 39 Criminal Law Bulletin 194 (2003), 33 pages.
David C. Baldus, "Arbitrariness and Discrimination in the Administration of the Death Penalty: A Legal and Empirical Analysis of the Nebraska Experience (1973-1999)," with George Woodworth, Catherine M. Grosso, and Aaron M. Christ, 81 Nebraska Law Review 486 (2002), 271 pages.
David C. Baldus, "The Use of Peremptory Challenges in Capital Murder Trials: A Legal and Empirical Analysis," with George Woodworth, David Zuckerman, Neil Alan Weiner, and Barbara Broffitt, 3 University of Pennsylvania Journal of Constitutional Law 3 (2001), 172 pages.
David C. Baldus, "Racial Discrimination and the Death Penalty in the Post-Furman Era: An Empirical and Legal Overview, with Recent Findings from Philadelphia," with George Woodworth, David Zuckerman, Neil Alan Weiner, and Barbara Broffitt, 83 Cornell Law Review 1638 (1998), 133 pages.
David C. Baldus, "When Symbols Clash: Reflections on the Future of the Comparative Proportionality Review of Death Sentences," 26 Seton Hall Law Review 1582 (1996), 25 pages.
David C. Baldus, "Keynote Address: The Death Penalty Dialogue Between Law and Social Science," 70 Indiana Law Journal 1033 (1995), 9 pages.
David C. Baldus, "Improving Judicial Oversight of Jury Damages Assessments: A Proposal for the Comparative Additur/Remittitur Review of Awards for Nonpecuniary Harms and Punitive Damages," with John C. MacQueen and George Woodworth, 80 Iowa Law Review 1109 (1995), 159 pages.
David C. Baldus, "Reflections on the 'Inevitability' of Racial Discrimination in Capital Sentencing and the 'Impossibility' of its Prevention, Detection, and Correction,'' with George Woodworth and Charles A. Pulaski, Jr., 51 Washington and Lee Law Review 359 (1994), 71 pages.
David C. Baldus, "Proportionality Review of Death Sentences: The View of the Special Master," with George Woodworth, 6 Chance: New Directions for Statistics and Computing 9 (1993), 9 pages.
David C. Baldus, "Arbitrariness and Discrimination in the Administration of the Death Penalty: A Challenge to State Supreme Courts," with Charles A. Pulaski, Jr. and George Woodworth, 15 Stetson Law Review 133 (1986), 129 pages.
David C. Baldus, "Monitoring and Evaluating Contemporary Death Sentencing Systems: Lessons from Georgia," 18 U.C. Davis Law Review 1375 (1985), 42 pages.
David C. Baldus, "Comparative Review of Death Sentences: An Empirical Study of the Georgia Experience," with Charles A. Pulaski, Jr. and George Woodworth, 74 Journal of Criminal Law & Criminology 661 (1983), 93 pages.
David C. Baldus, "Identifying Comparatively Excessive Sentences of Death: A Quantitative Approach," with Charles A. Pulaski, Jr., George Woodworth, and Frederick D. Kyle, 33 Stanford Law Review 1 (1980), 75 pages.
David C. Baldus, "Quantitative Proof of Intentional Discrimination," with James W.L. Cole, 1 Evaluation Quarterly 53 (1977), 35 pages.
David C. Baldus, "A Comparison of the Work of Thorsten Sellin and Isaac Ehrlich on the Deterrent Effect of Capital Punishment," with James W.L. Cole, 85 Yale Law Journal 170 (1976), 17 pages.
David C. Baldus, "Welfare as a Loan: An Empirical Study of the Recovery of Public Assistance Payments in the United States," 25 Stanford Law Review 123 (1973), 128 pages.
David C. Baldus, "Pennsylvania's Proposed Film Censorship Law--House Bill 1098," 4 Duquesne Law Review 429 (1966), 12 pages.
David C. Baldus, "State Competence to Terminate Concession Agreements with Aliens," 53 Kentucky Law Journal 56 (1964), 42 pages.

Book Reviews

David C. Baldus, "Reflections on 'Modem' Death Sentencing Systems," with George Woodworth and Charles A. Pulaski, Jr., review of Death is Different, by Hugo Adam Bedau, and The Death Penalty in the Eighties, by Welsh S. White. 1 Criminal Law Forum 185 (1989), 13 pages.
David C. Baldus, "Father in Jail," review of Making Fathers Pay: The Enforcement of Child Support, by David L. Chambers. 78 Michigan Law Review 150 (1980), 13 pages.
David C. Baldus, Review of Quantitative Methods in Law: Studies in the Application of Mathematical Probability and Statistics to Legal Problems, by Michael 0. Finkelstein, and Statistics and Public Policy, edited by William B Fairley and Frederick Mosteller. 1980 American Bar Foundation Research Journal 409, 15 pages.

Reports

David C. Baldus, "The Disposition of Nebraska Capital and Non-Capital Homicide Cases (1973-1999): A Legal and Empirical Analysis," with George Woodworth, Gary L. Young, and Aaron Christ, Report to the Nebraska Commission on Law Enforcement and Criminal Justice (July 25, 2001), 316 pages.
David C. Baldus, "Race of Victim and Race of Defendant Disparities in the Administration of Maryland's Capital Charging and Sentencing System (1978-99): Preliminary Finding," with George Woodworth, Report to the Office of the Federal Public Defender, District of Maryland, Northern Division, Baltimore, Mb (February 15, 2001), 21 leaves.
David C. Baldus, "Death Penalty Proportionality Review Project: Final Report to the New Jersey Supreme Court," (September 24, 1991), 120 pages.

Statutory Drafting

David C. Baldus, Proposed Abandoned Railroad Right-of Way Re-use Act. Iowa City, IA: The Institute of Urban and Regional Research, 1975, 22 pages.