Evan Lee
Emeritus Professor of Law
Bio
Professor Evan Lee graduated from Ӱҵ of California, Berkeley, A.B. (1982) and Yale Law School, J.D. (1985). After law school, he clerked for the Hon. William H. Orrick, Jr., United States District Judge for the Northern District of California in 1985 to 1986. The third-year class voted him “Outstanding Faculty Member of the Year” in 1997, 2002, and 2007. In 2006, the student body voted him “Professor of the Year,” and in 2005 he won the Rutter Group Award for Excellence in Teaching.
Every July, Professor Lee joins Professors Erwin Chemerinsky, Laurie Levenson, and Suzanna Sherry as faculty for the Federal Judicial Center’s “Supreme Court Term in Review,” a television program produced for federal district judges and their clerks to keep them abreast of the Supreme Court’s most recent decisions.
Professor Lee has published leading articles on federal courts law in the UC Law SF Journal, Southern California Law Review, Harvard Law Review, Washington Ӱҵ Law Quarterly, Vanderbilt Law Review, Ӱҵ of Pennsylvania Law Review, and the Supreme Court Review. In 2011, his book Judicial Restraint in America: How the Ageless Wisdom of Federal Courts Was Invented was published by Oxford Ӱҵ Press. In 2007 to 2008, he occupied the Harry and Lillian UC Law SF Research Chair.
In 2015, Professor Lee published an article In the Hastings Constitutional Law Quarterly called “Why California’s Second-Degree Felony-Murder Rule is Now Void for Vagueness.” Multiple parties are now preparing to use the argument outlined in this article to challenge their convictions in the California Supreme Court.
Scholarship
Books
Federal Courts: A Contemporary Approach(West 5th ed. 2013) (with Donald L. Doernberg).
(Oxford Univ. Press 2010).
Journal Articles
Calvin Massey, Gentleman Farmer, 15U. N.H. L. Rev.321 (2017).
Why Deporting Immigrants for “Crimes Involving Moral Turpitude” is Now Unconstitutional, 13Duke J. Const. L. Pub. Pol’y47 (2017) (with Lindsay M. Kornegay).
Mathis v. USand the Future of the Categorical Approach, 101Minn. L. Rev. Headnotes263 (2016).
Why California’s Second-Degree Felony-Murder Rule is Now Void for Vagueness, 43Hastings Const. L.Q.1 (2015).
Which Felonies Pose a “Serious Potential Risk of Injury” Under the ACCA Residual Clause?, 26Fed. Sent. R.118 (2013) (with Lynn A. Addington & Stephen Rushin).
The Standing Doctrine’s Dirty Little Secret, 107Nw. U. L. Rev.169 (2012) (with Josephine Mason Ellis).
The Trouble WithCity of Boerne, and Why It Matters for the Voting Rights Act, 90Denv. U. L. Rev.483 (2012).
Federal Jurisdiction According to Professor Frankfurter, 53St. Louis U. L.J.779 (2009).
Does Warrantless Wiretapping Violate Moral Rights?, 44San Diego L. Rev.723 (2007).
Should the ALI Take a Position on Capital Punishment?, 18Fed. Sent. R.187 (2006).
The Legality of the NSA Wiretapping Program, 12Tex. J. C.L. & C.R.1 (2006).
Section 2254(d) of the Federal Habeas Statute: Is It Beyond Reason?, 56Hastings L.J.283 (2004).
The Dubious Concept of Jurisdiction, 54Hastings L.J.1613 (2003).
The Politics ofBush v. Gore, 3J. App. Prac. & Process461 (2001).
On the Received Wisdom in Federal Courts, 147U. Pa. L. Rev.1111 (1999).
Section 2254(d) of the New Habeas Statute: An (Opinionated) User’s Manual, 51Vand. L. Rev.103 (1998).
The McCleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims in Capital Sentencing, 1998Sup. Ct. Rev.145 (1998) (with Ashutosh Bhagwat).
Cancelling Crime, 30Conn. L. Rev.117 (1997).
Foreword, Interpretive Methodologies: Perspectives on Constitutional Theory, 24Hastings Const. L.Q.281 (1997).
Is There Such a Thing as Extraconstitutionality? The Puzzling Case ofDalton v. Specter, 27Ariz. St. L.J.845 (1995) (with Larry Alexander).
The Theories of Federal Habeas Corpus, 72Wash. U. L.Q.151 (1994).
Deconstitutionalizing Justiciability: The Example of Mootness, 105Harv. L. Rev.603 (1992).
Principled Decision Making and the Proper Role of Federal Appellate Courts: The Mixed Questions Conflict, 64S. Cal. L. Rev.235 (1991).
The Dual Sovereignty Exception to Double Jeopardy: In the Wake ofGarcia v. San Antonio Metropolitan Transit Authority, 22New Eng. L. Rev.31 (1987).
Chapters In Books
Bivens: The New Normal, inSection 1983 Civil Rights Litigation 2013: New Developments & Strategies475 (Erwin Chemerinsky ed., Practicing Law Institute 2013).
Book Reviews
Book Review, 30Cal. Law.38 (Jan. 2010) (reviewingJoan Biskupic, American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia (2009)).
Book Review, 17Const. Comment.417 (2000) (reviewingLeon Trakman & Sean Gatien, Rights and Responsibilities (1999)).
Epstein’s Premises, 31San Diego L. Rev.203 (1994) (reviewingRichard Epstein, Forbidden Grounds (1992)).
Relativism and Normative Choice in the Legitimation of Transnational Coercion, 26San Diego L. Rev.347 (1989) (reviewingLea Brilmayer, Justifying International Acts (1989)).
Education
-
Yale Law School
J.D., Law 1985 -
Ӱҵ of California, Berkeley
A.B., Undergraduate Studies 1982
Accomplishments
-
Professor of the Year
Awarded by the student body of UC Law SF College of the Law. 2006 -
Award for Excellence in Teaching
Awarded by the Rutter Group. 2005 -
Outstanding Faculty Member of the Year
Awarded by the third-year class of UC Law SF College of the Law in 1997, 2002 and 2007. 1997
