Leitner Family Professor of International Law and Co-Founder & Co-Director of the Center on Asian Americans & the Law, Fordham University School of Law
Thomas H. Lee is the Leitner Family Professor of International Law at Fordham, where he teaches civil procedure, constitutional law, federal courts, international law, and the U.S. law of civil-military relations. His meticulously researched and historically-grounded scholarship has argued that the Eleventh Amendment reflected the classical international law principle that only a sovereign state—not its citizens or subjects— has rights against other sovereign states; that the Alien Tort Statute was a national-security peacekeeping statute, not an international human-rights statute, enacted in 1789 when the United States was a militarily weak state; and that the Natural Born Citizen Clause regarding presidential eligibility reflected natural-law principles of membership by descent as well as domestic birthplace. His current research examines the nature of Article III judicial power and the role of the federal courts in American society.
He is Co-Director of the Center on Asian Americans and the Law, Special Counsel at Hughes Hubbard & Reed, and a Member of the American Law Institute. He was Special Counsel to the General Counsel of the U.S. Department of Defense, a Member of the ICSID Panel of Conciliators, Adviser to the Constitutional Court of Korea, and Visiting Professor at Columbia, Harvard, and the University of Virginia law schools, as well as Faculty Director of International and Graduate Studies at Fordham from 2006 to 2019. Before his academic career, Lee clerked for Judge Michael Boudin of the First Circuit and Justice David Souter of the Supreme Court and served as an active-duty U.S. naval cryptology officer, afloat on submarines and surface combatants and ashore in Korea, Japan, and with the National Security Agency. He holds A.B. (summa cum laude), A.M. (Regional Studies—East Asia), and J.D. degrees from Harvard, where he was Articles Chair of the Harvard Law Review and a Ph.D. candidate (ABD) in Government.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Litigation Update: The Future of the Corporate Transparency Act
Thomas Lee
The Corporate Transparency Act (CTA) is a sweeping federal statute requiring individuals with significant interests...
Criminal Jurisdiction of Indian Tribes: Should Non-Indians Be Subject to Tribal Criminal Authority Under VAWA?
Thomas F. Gede
Ever since the U.S. Supreme Court issued its 1978 decision in Oliphant v. Suquamish Tribe,1...