My thanks to Brian Leiter for pointing out new blogs at the University of Chicago Law School and Georgetown University's Law School. Both are discussing the recent Hamdan v Rumsfeld case.
Leiter's Reports are currently running pieces on the 30th anniversary of the Supreme Court decision Gregg v Georgia (1976) which reintroduced the legalization of capital punishment so long as there was a two tier trial of (1) determining guilt or innocence and then (2) determining the punishment (if guilty). The problems had been (a) apparent arbitrary sentencing where ethnic minorities were being sentenced to death at far higher rates and for the same crimes as whites and (b) some juries found defendants innocent because finding them guilty meant an automatic death sentence and some juries would rather a guilty person walk free than feel responsible for their death.
Some readers may be interested in my "Retributivist Arguments against Capital Punishment" published recently in the Journal of Social Philosophy here.