Youngjae Lee
Professor of Law
Curriculum Vitae
SSRN (academic papers)
212-636-7662
ylee@law.fordham.edu
Office: Room 8-102
Faculty Assistant: Daphne Mercedes, dmercedes3@fordham.edu
Areas of Expertise: Criminal Law and Procedure, Law and Philosophy
- Professor of Law, Fordham University School of Law, 2012-present
- Associate Professor of Law (with tenure), Fordham University School of Law, 2010-2012
- Associate Professor of Law, Fordham University School of Law, 2005-2010
- Visiting Fellow, Edmond & Lily Safra Center for Ethics, Harvard University, 2024-2025
- Visiting Professor of Law, Columbia Law School, Spring 2024
- Visiting Professor of Law, Harvard Law School, 2012-2013
- Visiting Professor of Law, UCLA School of Law, Spring 2011
- Visiting Professor of Law, University of Chicago Law School, Fall 2009
- Visiting Fellow, European University Institute, Law Department, 2008-2009
- Alexander Fellow, NYU School of Law, 2003-2005
- Litigation Associate, Jenner & Block, Washington, D.C., 2002-2003
- Trial Attorney, U.S. Department of Justice, Civil Division, Federal Programs Branch (Honors Program), 2000-2002
- Law Clerk, Judge Judith W. Rogers, U.S. Court of Appeals for the D.C. Circuit, 1999-2000
- Editor, Harvard Law Review, 1997-1999
- Fulbright Scholar, Seoul National University, Department of Philosophy, 1995-1996
Education- Harvard Law School JD 1999 (magna cum laude)
- Swarthmore College BA 1995 (high honors, Major: Philosophy, Minor: Economics)
Selected Publications
- Proportionalities, 99 Notre Dame Law Review Reflection 191 (2024)
- Mala Prohibita, the Wrongfulness Constraint, and the Problem of Overcriminalization, 41 Law and Philosophy 375 (2022)
- Proxy Crimes and Overcriminalization, 16 Criminal Law and Philosophy 469 (2022)
- The State’s Right to Evidence and Duties of Citizenship, 31 Philosophical Issues (A Supplement to Noûs 210 (2021)
- Mala Prohibita and Proportionality, 15 Criminal Law and Philosophy 425 (2021)
- Problem of Proportional Punishment, in The Routledge Handbook of the Philosophy and Science of Punishment (Farah Focquaert, Bruce Walker & Elizabeth Shaw, eds., 2021)
- Proportionality in Punishment, in The Palgrave Handbook of Applied Ethics and Criminal Law (Kimberly Kessler Ferzan & Larry Alexander, eds., 2019)
- Criminalization, Legal Moralism, and Abolition, 70 University of Toronto Law Journal 194 (2020) (review essay on R.A. Duff, The Realm of Criminal Law (2018))
- The Criminal Jury, Moral Judgements, and Political Representation, 2018 University of Illinois Law Review 1255 (2018)
- Reasonable Doubt and Disagreement, 23 Legal Theory 203 (2017)
- Multiple Offenders and the Question of Desert, in Sentencing Multiple Crimes 113 (Jesper Ryberg, Julian V. Roberts & Jan W. de Keijser eds., 2017)
- Reasonable Doubt and Moral Elements, 104 Journal of Criminal Law and Criminology 1 (2016)
- "What is Philosophy of Criminal Law?," 8 Criminal Law and Philosophy 671 (2014)
- "Military Veterans, Culpability, and Blame," 7 Criminal Law and Philosophy 285 (2013)
- "Punishing Disloyalty?: Treason, Espionage, and the Transgression of Political Boundaries," 31 Law and Philosophy 299 (2012)
- "Why Proportionality Matters," 160 University of Pennsylvania Law Review 1835 (2012)
- "Deontology, Political Morality, and the State," 8 Ohio State Journal of Criminal Law 385 (2011) (invited contribution for Symposium on Criminal Law and Political Theory)
- "Desert, Deontology, and Vengeance," 42 Arizona State Law Journal 1141 (2011) (invited comment on Paul H. Robinson, "The Ongoing Revolution in Punishment Theory: Doing Justice as Controlling Crime");
- "The Purposes of Punishment Test," 23 Federal Sentencing Reporter 58 (2010) (invited comment on Graham v. Florida)
- "Repeat Offenders and the Question of Desert," in The Role of Previous Convictions at Sentencing: Theoretical and Applied Perspectives (Julian V. Roberts & Andrew von Hirsch eds., 2010)
- "Recidivism as Omission: A Relational Account," 87 Texas Law Review 571 (2009)
- "The Defense of Necessity and Powers of the Government," 3 Criminal Law and Philosophy 133 (2009)
- "Desert and the Eighth Amendment," 11 University of Pennsylvania Journal of Constitutional Law 101 (2009) (Symposium on Cruel and Unusual Punishment: Litigating under the Eighth Amendment)
- "International Consensus as Persuasive Authority in the Eighth Amendment," 156 University of Pennsylvania Law Review 63 (2007)
- "Judicial Regulation of Excessive Punishments through the Eighth Amendment," 18 Federal Sentencing Reporter 234 (2006)
- "The Constitutional Right Against Excessive Punishment," 91 Virginia Law Review 677 (2005)
- "Punishment as Reluctant Moralism," 1 Criminal Law and Philosophy 227 (2007) (review of Andrew von Hirsch and Andrew Ashworth, Proportionate Sentencing: Exploring the Principles (2005))
- "Law, Politics, and Impeachment: The Impeachment of Roh Moo-hyun from a Comparative Constitutional Perspective," 53 American Journal of Comparative Law 403 (2005)