Education:
B.A. 1988 (summa cum laude), Brigham Young University
J.D. 1991 (with high honors), University of Chicago
Judicial Clerkships:
Judge J. Harvie Wilkinson III, U.S. Court of Appeals for the Fourth Circuit, 1991-92
Justice Clarence Thomas, United States Supreme Court, 1994-95
Law Practice:
Parr, Waddoups, Brown, Gee & Loveless, 1992-97
Deputy Assistant Attorney General, United States Department of Justice, 2004-05
Background:
Professor Lee joined the BYU law school in 1997. He is the Rex and Maureen Rawlinson Professor of Law and teaches courses in Civil Procedure, Intellectual Property Law, Supreme Court Seminar, and Legal Interpretation & Analysis. His current research focus is on trademark law, with a particular emphasis on employing consumer psychology models and empirical studies to analyze legal principles in this field. He has published articles in the University of Chicago Law Review, Vanderbilt Law Review, Emory Law Journal, Trademark Reporter, North Carolina Law Review, Washington & Lee Law Review, Notre Dame Law Review, Washington Law Review, and Brigham Young University Law Review.
Professor Lee is an academic member of the International Trademark Association and a member of the Editorial Board of The Trademark Reporter. He has argued trademark infringement cases in federal district courts and appellate courts throughout the country. He also serves on the Advisory Committee to the Utah Supreme Court on the Utah Rules of Civil Procedure.
Scholarship:
An Empirical and Consumer Psychology Analysis of Trademark Distinctiveness, forthcoming in the Arizona State Law Journal (2009) (co-authored with Glenn Christensen and Eric DeRosia)
Sophisticated but Confused: The Impact of Brand Extension and Motivation on Source Confusion, under final review with Psychology & Marketing (2009) (co-authored with Glenn Christensen and Eric DeRosia)
Sophistication, Bridging the Gap, and the Likelihood of Confusion: An Empirical and Theoretical Analysis, 98 Trademark Reporter 913 – 949 (2008) ((co-authored with Eric D. DeRosia and Glenn L. Christensen)
Trademarks, Consumer Psychology, and the Sophisticated Consumer, 57 Emory L.J. 575 – 650 (2008) (co-authored with Glenn L. Christensen and Eric D. DeRosia)
Demystifying Dilution, 84 Boston Univ. L. Rev. 859-944 (2004)
Eldred v. Ashcroft and the (Hypothetical) Copyright Term Extension Act of 2020, 12 Tex. Int. Prop. L.J. 1-23 (2003)
Utah's Census Battles: The Inside Story, 16 Chance 21-29 (2003) (co-authored with Lara J. Wolfson)
The Census and the Overseas Population, 2 Elec. L. J. 343-66 (2003) (co-authored with Lara J. Wolfson)
"To Promote the Progress of Science": The Copyright Clause and Congress's Power to Extend Copyrights, 16 Harv. J. Law & Techn. 1-23 (2002) (co-authored with Senator Orrin G. Hatch)
The Original Understanding of the Census Clause, 77 Wash. L. Rev. 1-64 (2002)
Tribute to Rex E. Lee, 3 J. App. Pract. & Process 560-563 (2001)
Preliminary Injunctions and the Status Quo, 58 Wash. & Lee L. Rev. 109-166 (2001)
The Anastasoff Case and the Judicial Power to "Unpublish" Opinions, 77 Notre Dame L. Rev. 135-173 (2001)
In Rem Jurisdiction in Cyberspace, 75 Wash. L. Rev. 97 (2000)
Stare Decisis in Economic Perspective: An Economic Analysis of the Supreme Court's Doctrine of Precedent, 78 N.C. L. Rev. 643 (2000)
The Clinton Impeachment and the Constitution, 1999 BYU L. Rev. 1079
Stare Decisis in Historical Perspective: From the Founding Era to the Rehnquist Court, 52 Vand. L.Rev. 647 (1999)
Pleading and Proof: The Economics of Legal Burdens, 1997 BYU L.Rev. 1
Comment, The Standing of Qui Tam Relators Under the False Claims Act, 57 U. Chi. L. Rev. 543 (1990)
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