Assistant Professor of LawPhone: (410) 706-7437
BA, 1999, Yale University
JD, 2004, University of Virginia
Professor Kovarsky joined the School of Law in 2011. The focus of his teaching and scholarship includes criminal procedure, federal jurisdiction, habeas corpus, civil procedure, constitutional law, and the death penalty. He is co-writing the Foundation Press Case Book on Habeas Corpus (2013) (with Brandon L. Garrett), and has published extensively on issues of executive detention and post-conviction review. His most recent articles have been published in the Virginia Law Review, the Cornell Law Review, and the Indiana Law Journal. His forthcoming article, “A Constitutional Theory of Habeas Power,” will also be published in the Virginia Law Review.
Professor Kovarsky remains an active habeas and capital litigator. He regularly represents capital prisoners during federal appellate and Supreme Court review of their sentences. He has also represented various professional organizations as federal amicus counsel, including the American Association on Intellectual and Developmental Disabilities (AAIDD) and the American Bar Association (ABA). Most recently, he co-wrote the ABA’s Supreme Court Brief in Martinez v. Ryan (2012), the case announcing that a federal court may conduct merits review of a state sentence if a prisoner’s state post-conviction lawyer was ineffective.
Professor Kovarsky been quoted on death penalty and criminal procedure issues in the Dallas Morning News, The Guardian, The Houston Chronicle, the Nation, the New York Daily News, the New York Times, Reuters, theGrio, the Texas Tribune, and U.S. News and World Report. He has appeared as a guest to talk about capital punishment on, among other programs, Democracy Now!, BBC World, and Al Jazeera. He has also published on the death penalty in the Wall Street Journal and at Salon.
Professor Kovarsky joined the School of Law after a three-year appointment as an Acting Assistant Professor at New York University School of Law. Before joining NYU, Professor Kovarsky was a Supreme Court and appellate practitioner in private practice. After law school, he clerked for the Honorable Jerry E. Smith on the United States Court of Appeals for the Fifth Circuit. He graduated from the University of Virginia School of Law, where he was an Articles Editor for the Virginia Law Review and a John M. Olin Scholar. Prior to law school, he was a Senior Data Analytics Associate at what is now the Microsoft ad-serving platform. He received his undergraduate degree from Yale, earning awards of Academic Distinction in both Political Science and Economics.
Federal Habeas Corpus: Executive Detention and Post-Conviction Litigation (2013) (with Brandon Garrett). [Abstract]
A Constitutional Theory of Habeas Power, 98 Virginia Law Review (forthcoming 2013). [Full Text]
Habeas Verité, 47 Tulsa Law Review 13 (2011) (book review). [Full Text]
Original Habeas Redux, 97 Virginia Law Review 61 (2011). [Full Text]
Death Ineligibility and Habeas Corpus, 95 Cornell Law Review 329 (2010). [Full Text]
Federal Circuit Practice, in Federal Appellate Practice (2009) (with others).
Beyond Consent: Applying Alter Ego And Arbitration Doctrines To Bind Sovereign Parents, in Multiple Party Actions in Investment Arbitration (2009) (with Rebecca K. Stewart & Timothy J. Tyler).
AEDPA’s (Imaginary) Purposes: Comity, Finality, and Federalism, 82 Tulane Law Review 443 (2007). [Full Text]
A Technological Theory of the Arms Race, 81 Indiana Law Journal 917 (2006). [Full Text]