Anders Kaye

Anders Kaye
Professor of Law
Co-Director, Criminal Law Fellowship Program
Co-Director, Center for Criminal Law and Policy
J.D., University of Chicago Law School, with high honors;
A.B., Harvard University, cum laude
Phone: (619) 961-4259

After graduating from the University of Chicago Law School, Professor Kaye completed a judicial clerkship with Judge A. Wallace Tashima on the Ninth Circuit Court of Appeals. He then served as an associate appellate counsel for the Criminal Appeals Bureau of The Legal Aid Society of New York, where he represented defendants convicted of crimes ranging from pick-pocketing to murder, and where he served as an alternate vice-president for the Association of Legal Aid Attorneys, a union affiliated with the UAW. He was also a consulting attorney for the Capital Defender’s Office of New York.

Professor Kaye’s current research explores how we come to see some people as “criminals” and how we justify our treatment of such people. He is especially interested in how we think about criminal responsibility, the features a person must have to be responsible for a crime and whether people actually have those features. He is also interested in the criminal excuses, our reasons for excusing and whether those reasons have threatening implications for our current punishment practices. More broadly, his research looks at the ethical significance of social, cultural and environmental causes of criminal behavior for responsibility, excuse and punishment, and at the political aspects of our answers to these questions.

Courses include:

Criminal Law, Evidence, Federal Criminal Law, Vice Crime, Criminal Procedure

Articles, Book Chapters, And Article-Length Works

Why Pornography is Not Prostitution: Folk Theories of Sexuality in the Law of Vice , 60 St. Louis U. L.J. 243 (2016), available at

Excuses in Exile, 48 U. Mich. J.L. Reform 437 (2014), available at

Objectifying And Identifying In The Theory Of Excuse, 39 Am. J. Crim. L. 175 (2012), available at

Powerful Particulars: The Real Reason The Behavioral Sciences Threaten Criminal Responsibility, 37 Fla. St. L. Rev. 3 (2010), available at

Schematic Psychology and Criminal Responsibility, 83 St. John's Law Rev. 565 (2009), available at

Does Situationist Psychology Have Radical Implications For Criminal Responsibility?, 59 Ala. L. Rev. 611 (2008), available at

The Secret Politics of the Compatibilist Criminal Law, 55 Kan. L. Rev. (2007), available at

Resurrecting the Causal Theory of the Excuses, 83 Neb L. Rev. 1116 (2005), available at

Dangerous Places: The Right to Self-Defense in Prison and Prison Conditions Jurisprudence, 63 U. Chi. L. Rev. 693 (1996), available at

Corrupting Touch and Fallen Avatars: Unearthing Folk Theories of Sexuality Where the Laws of Prostitution and Pornographic Acting Intersect, CrimFest 2014, Rutgers School of Law - Newark, Newark, NJ (July 22, 2014)

Excuses in Exile, ABA Criminal Justice Section Annual Institute, Scholarship Roundtable, Washington, DC (October 31, 2013)

Mitigation as the Unconscious of the Criminal Law, AALS Midyear Conference, Criminal Justice Section, Works-In-Progress Panel, San Diego, CA (June 12, 2013)

Zimmerman / Martin, Stand Your Ground Panel, Thomas Jefferson School of Law, San Diego, CA (April 4, 2012)

Does Situationist Psychology Have Radical Implications For Criminal Responsibility? Texas Junior Scholarship Workshop, Texas Wesleyan School of Law, August 2007

The Secret Politics of the Compatibilist Criminal Law, University of Chicago Scholarship Workshop Class, Nov. 2006

The Thomas Jefferson School of Law faculty is highly prolific in the field of legal scholarship and our professors are in demand as speakers and panelists at legal events in the U.S. and abroad.

Vik Monder ‘11 Talks Success

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Vik Monder ‘11 is a first generation born American whom has always understood the value in excelling scholastically. His father quickly taught him...

Criminal Law Fellow, Tiffany McCloud, Realizes Dream of Becoming a Public Defend

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February 20, 2014

Tiffany McCloud, 3L, has accepted a position as an Assistant Public Defender with the 15th Judicial Circuit of Florida in West Palm Beach. With...

Barristers Ball 2014 was Rockin' on the USS Midway

February 18, 2014

This year’s Barristers Ball held on February 14 on the USS Midway was a major success with over 500 people attending.

“I want to thank all...

TJSL Welcomes Professor Michael Hayes

TJSL Welcomes Visiting Professor Michael Hayes

January 11, 2013

Thomas Jefferson School of Law welcomes Professor Michael Hayes, who is here at TJSL as a Visiting Professor for our Spring 2013 Semester.

Stand Your Ground

Stand Your Ground Panel a Show of Solidarity at TJSL

April 5, 2012

By Elisabeth Donovan, 3L

Hoodies stood out as the uniform of the day at the Thomas Jefferson School of Law Stand Your Ground...

Criminal Law

  • Capital Punishment
  • Criminal Law
  • Evidence