Emeritus Professor of Law


Professor Evan Lee graduated from University 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 Hastings Law Journal, Southern California Law Review, Harvard Law Review, Washington University Law Quarterly, Vanderbilt Law Review, University 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 University Press. In 2007 to 2008, he occupied the Harry and Lillian UC Hastings 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.


  1. Yale Law School 1985

    J.D., Law

  2. University of California, Berkeley 1982

    A.B., Undergraduate Studies


  1. Professor of the Year 2006

    Awarded by the student body of UC Hastings College of the Law.

  2. Award for Excellence in Teaching 2005

    Awarded by the Rutter Group.

  3. Outstanding Faculty Member of the Year 1997

    Awarded by the third-year class of UC Hastings College of the Law in 1997, 2002 and 2007.

Selected Scholarship

  1. Why Deporting Immigrants for “Crimes Involving Moral Turpitude” is Now Unconstitutional 2017

    Duke Journal of Constitutional Law & Public Policy

  2. Which Felonies Pose a 'Serious Potential Risk of Injury' for Federal Sentencing Purposes? 2013

    Federal Sentencing Reporter

  3. The Standing Doctrine's Dirty Little Secret 2012

    Northwestern Law Review

  4. The Trouble with City of Boerne, and Why It Matters for the Voting Rights Act As Well 2012

    Denver University Law Review

  5. The Legality of the NSA Wiretapping Program 2006

    Texas Journal on Civil Liberties & Civil Rights

  6. Deconstitutionalizing Justiciability: The Example of Mootness 1992

    Harvard Law Review

  7. Principled Decision Making and the Proper Role of Federal Appellate Courts: The Mixed Questions Conflict 1991

    Southern California Law Review