Lee Kovarsky
- Bryant Smith Chair in Law
- Professor
Lee Kovarsky is a leading scholar of the death penalty and habeas corpus. He teaches and writes about civil and criminal procedure, criminal justice, federal jurisdiction, and conflicts of law. In addition to teaching at Texas Law, Professor Kovarsky represents death-sentenced prisoners awaiting execution, and he has worked on dozens of capital post-conviction cases. His scholarship has been cited by the United States Supreme Court and seven of the federal circuit courts. In 2020, he was elected to the American Law Institute.
Featured Work
The Victims' Rights Mismatch
The New Negative Habeas Equity
Professor Kovarsky is a leading scholar of the death penalty and habeas corpus. His teaching and writing also focuses on civil and criminal procedure, criminal justice, federal jurisdiction, and conflicts of law. His most recent articles are forthcoming or have been published in the California Law Review, the Chicago Law Review, the Columbia Law Review, the Cornell Law Review, the Duke Law Journal, the Harvard Law Review, the Michigan Law Review, the New York University Law Review, the Stanford Law Review, the Texas Law Review, the Vanderbilt Law Review, and the Virginia Law Review. He has co-authored two books with Professor Brandon L. Garrett, including a leading case book on habeas corpus. His scholarship has been cited by the United States Supreme Court, as well as by seven of the federal circuit courts. He was elected to the American Law Institute in 2020.
Professor Kovarsky remains an active habeas and capital litigator. He regularly represents death-sentenced prisoners as they await execution, and he has worked on many dozens of capital post-conviction cases. He argued Ayestas v. Davis before the U.S. Supreme Court during the October 2017 term, with the Court deciding unanimously in the capital prisoner's favor. He frequently drafts and contributes to amicus briefing before U.S. Supreme and other appellate courts, usually representing law professors or other professional organizations, including the American Bar Association (ABA) and the National Association of Criminal Defense Lawyers (NACDL). He also appears regularly in popular media, having written for the New York Times, MSNBC, Slate, and Salon, and having been a featured guest on NPR's All Things Considered and Slate's What Next.
Professor Kovarsky received his B.A. in Political Science and Economics from Yale University, with awards of academic distinction in both majors. He received his J.D. from the University of Virginia School of Law, where he was an Articles Editor for the Virginia Law Review. After law school, he clerked for the Honorable Jerry E. Smith on the United States Court of Appeals for the Fifth Circuit. He worked for several years as an appellate practitioner before beginning his academic career with a three-year appointment as an Acting Assistant Professor at New York University School of Law. He joined the School of Law in the summer of 2020, after a decade at the University of Maryland.
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year-2024
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Article
The Victims' Rights Mismatch
Lee Kovarsky. "The Victims' Rights Mismatch." In 123 Michigan Law Review __ (forthcoming).
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Article
The New Negative Habeas Equity
Lee Kovarsky. “The New Negative Habeas Equity.” In 137 Harvard Law Review, Page 2222 (2024). View online.
year-2023
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Article
Suffering Before Execution
Lee Kovarsky. “Suffering Before Execution.” In 109 Virginia Law Review, Page 1429 (2023). View online. -
Article
Outcome Sensitivity and the Constitutional Law of Criminal Procedure
Lee Kovarsky. “Outcome Sensitivity and the Constitutional Law of Criminal Procedure.” In 98 Indiana Law Journal, Page 429 (2023). View online.
year-2022
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Book Review
Habeas Myths, Past and Present
Lee Kovarsky. “Habeas Myths, Past and Present.” In 101 Texas Law Review (Online), Page 219 (2022). Review of Leah Litman The Myth of the Great Writ. View online. -
Article
The Trump Executions
Lee Kovarsky, The Trump Executions, 100 Texas Law Review __ (2022). View Online
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Article
Viral Injustice
Lee Kovarsky, Brandon L. Garrett. “Viral Injustice.” In 110 California Law Review, Page 117 (2022). View online.
year-2021
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Article
Prosecutor Mercy
Lee Kovarsky. “Prosecutor Mercy.” In 24 New Criminal Law Review, Page 326 (2021). -
Article
Habeas Privilege Origination and DHS v. Thuraissigiam
Lee Kovarsky. “Habeas Privilege Origination and DHS v. Thuraissigiam.” In 121 Columbia Law Review Forum, Page 23 (2021). View online.
year-2020
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Article
Delay in the Shadow of Death
Lee Kovarsky. “Delay in the Shadow of Death.” In 95 New York University Law Review, Page 1319 (2020). View online. -
Article
Pandemics, Risks, and Remedies
Lee Kovarsky. “Pandemics, Risks, and Remedies.” In 106 Virginia Law Review Online, Page 21 (2020). View online. -
Book Review
Amanda L. Tyler, Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay, New York: Oxford University Press, 2017
Lee Kovarsky. “Amanda L. Tyler, Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay, New York: Oxford University Press, 2017.” In 38 Law and History Review, Page 297 (2020). View online.
year-2019
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Article
The American Execution Queue
Lee Kovarsky. “The American Execution Queue.” In 71 Stanford Law Review, Page 163 (July 1, 2019). View online. -
Article
Citizenship, National Security Detention, and the Habeas Remedy
Lee Kovarsky. “Citizenship, National Security Detention, and the Habeas Remedy.” In 107 California Law Review, Page 867 (2019). View online.
year-2018
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Book Chapter
Blue State Fantasies and the Death Penalty
Lee Kovarsky. “Blue State Fantasies and the Death Penalty” View online.
year-2017
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Article
Structural Change in State Post-Conviction Review
Lee Kovarsky. “Structural Change in State Post-Conviction Review.” In 93 Notre Dame Law Review, Page 443 (2017). View online.