Professor Kaye’s 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 challenging 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.
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 is Professor of Law at Thomas Jefferson School of Law, where he has also served as Associate Dean for Academic Affairs and Associate Dean for Faculty Development, and as Director of the Criminal Law Fellowship Program. He has been a Visiting Professor at University of California Irvine School of Law, University of San Diego School of Law, and Seattle University School of Law. He teaches Criminal Law, Criminal Procedure, Evidence, Vice Crime, and other elective courses in the area of criminal law.
- JD, University of Chicago Law School
- AB, Harvard College
- Criminal Law
Anders Kaye, Radicalized Risk Assessment, 36 Behavioral Sciences & the Law 610 (2018)
Anders Kaye, Why Pornography is Not Prostitution: Folk Theories of Sexuality in the Law of Vice , 60 St. Louis U. L.J. 243 (2016), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2959972
Anders Kaye, Excuses in Exile, 48 U. Mich. J.L. Reform 437 (2014), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2959922
Anders Kaye, Objectifying And Identifying In The Theory Of Excuse, 39 Am. J. Crim. L. 175 (2012), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2959883
Anders Kaye, Powerful Particulars: The Real Reason The Behavioral Sciences Threaten Criminal Responsibility, 37 Fla. St. L. Rev. 3 (2010), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2959892
- Anders Kaye, Schematic Psychology and Criminal Responsibility, 83 St. John's Law Rev. 565 (2009), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2959882
Anders Kaye, Does Situationist Psychology Have Radical Implications For Criminal Responsibility?, 59 Ala. L. Rev. 611 (2008), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2959950
Anders Kaye, The Secret Politics of the Compatibilist Criminal Law, 55 Kan. L. Rev. (2007), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=979421
Anders Kaye, Resurrecting the Causal Theory of the Excuses, 83 Neb L. Rev. 1116 (2005), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=598543
Anders Kaye, Dangerous Places: The Right to Self-Defense in Prison and Prison Conditions Jurisprudence, 63 U. Chi. L. Rev. 693 (1996), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2959970