GW Law Faculty Publications
(With Richardson, Song, and Tamara Lawson.) Criminal Procedure: Cases and Materials. Eagan, MN: West Academic Pub., 2016.
(With Harris, Angela). Criminal Law: Cases and Materials. 3rd ed. St. Paul: West, 2014.
First edition published in 2005.
Second edition published in 2009.
The Fourth Amendment, Searches and Seizures: Its Constitutional History and the Contemporary Debate. Amherst, N.Y.: Prometheus Books, 2011.
Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom. New York: New York University Press, 2003.
LAW REVIEW ARTICLES & CHAPTERS IN BOOKS
Awareness as a First Step Toward Overcoming Implicit Bias, in Enhancing Justice: Reducing Bias 289 (Sarah E. Redfield ed., 2017).
Peña-Rodriguez v. Colorado: The Court’s New Racial Bias Exception to the No-Impeachment Rule, Geo. Wash. L. Rev. On the Docket (Mar. 19, 2017), http://www.gwlr.org/pena-rodriguez-v-colorado-the-courts-new-racial-bias-exception-to-the-no-impeachment-rule/.
Making Black and Brown Lives Matter: Incorporating Race into the Criminal Procedure Curriculum, 60 St. Louis U. L. J. 481 (2016).
Race, Policing, and Lethal Force: Remedying Shooter Bias with Martial Arts Training, 79 Law & Contemp. Probs., no. 3, 2016, at 145.
"A New Approach to Voir Dire on Racial Bias," 5 UC Irvine Law Review 843-872 (2015).
"(E)Racing Trayvon Martin," 12 Ohio State Journal of Criminal Law 91-113 (2014).
"Honoring Angela Harris: A Review of'Gender, Violence, Race, and Criminal Justice," 47 UC Davis Law Review 1037-1046 (2014).
(With Kwan, Peter.) "The Trans Panic Defense: Masculinity, Heteronormativity, and the Murder of Transgender Women," 66 Hastings Law Journal 77-132 (2014).
"Criminal Law Pedagogy: Making Things Clear," 10 Ohio State Journal of Criminal Law 637-638 (2013).
"Making Race Salient: Trayvon Martin and Implicit Bias in a Not Yet Post-Racial Society," 91 North Carolina Law Review 1556-1612 (2013).
"Masculinity on Trial: Gay Panic in the Criminal Courtroom," 42 Southwestern Law Review 817-831 (2013).
"Reasonableness with Teeth: The Future of Fourth Amendment Reasonableness Analysis," 81 Mississippi Law Journal 1133-1182 (2012).
"The Future of 'Reasonableness' Analysis: When Is a Search or Seizure Justified?," 81 Mississippi Law Journal 1133-1182 (2012).
“What Can History Teach Us About the Meaning of the Fourth Amendment? Introduction,” in The Fourth Amendment, Searches and Seizures: Its Constitutional History and the Contemporary Debate, p. 24. Ed. by Cynthia Lee. Amherst, N.Y.: Prometheus Books, 2011.
“Fourth Amendment First Principles,” in The Fourth Amendment, Searches and Seizures: Its Constitutional History and the Contemporary Debate, p. 27. Ed. by Cynthia Lee. Amherst, N.Y.: Prometheus Books, 2011.
"Package Bombs, Footlockers and Laptops: What the Disappearing Container Doctrine Can Tell Us about the Fourth Amendment," 100 Journal of Criminal Law and Criminology 1403-1494 (2010).
Available at http://www.law.northwestern.edu/jclc/backissues/v100/n4/1004_1403.Lee.pdf.
"Hate Crimes and the War on Terror," in 5 Hate Crimes: Responding to Hate Crime, p. 139-166. Edited by Barbara Perry; Frederick M. Lawrence, volume editor. Westport, CT : Praeger Publishers, 2009.
"Reasonable Provocation and Self-Defense: Recognizing the Distinction between Act Reasonableness and Emotion Reasonableness," in Criminal Law Conversations, p. 427-448. Edited by Paul H. Robinson, Stephen Garvey and Kimberly Ferzan. New York : Oxford University Press, 2009.
(With Harris, Angela P.) "Teaching Criminal Law from a Critical Perspective," (Commentary Symposium: Criminal Law, Casebooks, and Legal Education) 7 Ohio State Journal of Criminal Law 261-266 (2009).
"The Gay Panic Defense," 42 UC Davis Law Review 471-566 (2008).
"Cultural convergence: Interest Convergence Theory Meets the Cultural Defense," 49 Arizona Law Review 911-959 (2007).
"'Murder and the Reasonable Man' Revisited: A Response to Victoria Nourse." 3 Ohio State Journal of Criminal Law 301-306 (2005).
"'But I Thought He Had a Gun': Race and Police Use of Deadly Force." 2 Hastings Race and Poverty Law Journal1-51 (2004).
"Culture and Crime." 9 Goal IX, No. 3, p. 1 (Summer 2003).
"Race and the Victim: An Examination of Capital Sentencing and Guilt Attribution Studies." 73 Chicago-Kent Law Review 533-558 (1998).
"The Act-Belief Distinction in Self-Defense Doctrine: A New Dual Requirement Theory of Justification." 2 Buffalo Criminal Law Review 191-247 (1998).
"A New 'Sliding Scale of Deference' Approach to Abuse of Discretion: Appellate Review of District Court Departures under the Federal Sentencing Guidelines." 35 American Criminal Law Review 1-55 (1997).
"From Gatekeeper to Concierge: The Federal Prosecutor's Expanding Power over Substantial Assistance Departures." 50 Rutgers Law Review 199-251 (1997).
"Race and Self Defense: Toward a Normative Conception of Reasonableness." 81 Minnesota Law Review 367-500 (1996).
Reprinted two-part series in 5 Criminal Practice Law Reporter 25 (1997) and 5 Criminal Practice Law Reporter 33 (1997).
Reprinted in Race and Races: American Law in Critical Context. St. Paul: West, 1999.
Reprinted in Critical Race Theory: The Cutting Edge. 2nd ed. Philadelphia: Temple University Press, 1999.
"Beyond Black and White: Racializing Asian Americans in a Society Obsessed with O.J." 6 Hastings Women's Law Journal 165-207 (1995).
Adapted version published in Asian Week 12 (Nov. 12, 1995).
"Prosecutorial Discretion, Substantial Assistance, and the Federal Sentencing Guidelines." 42 UCLA Law Review 105-180 (1994).
Reprinted in 3 Criminal Practice Law Reporter 17 (1995).
Reprinted in 18 Criminal Law Review 443 (1996).
"The Sentencing Court's Decision to Depart Downward in Recognition of a Defendant's Substantial Assistance: A Proposal to Eliminate the Government Motion Requirement." 23 Indiana Law Review 681-702 (1990).
"Freedom of Speech in the Public Workplace: A Comment on the Public Concern Requirement." 76 California Law Review 1109-1146 (1988).