University of Maryland Francis King Carey School of Law


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David Gray

Professor of Law

Phone: (410) 706-5986
Fax: (410) 706-2184
dgray @

Office: 449

BA, 1995, University of Virginia
MA, 1998, Northwestern University
JD, 2003, New York University
PhD, 2004, Northwestern University

Curriculum Vitae

Biography | Selected Publications | In the News

David Gray teaches criminal law, criminal procedure, evidence, international criminal law, and jurisprudence.  He was voted “Professor of the Year” in 2012.  His scholarly interests focus on criminal law, criminal procedure, constitutional theory, and transitional justice.  He is the author of The Fourth Amendment in the Age of Surveillance, which will be published by Cambridge University Press in 2016, co-author of Get a Running Start: Your Comprehensive Guide to the First Year Curriculum, which will be published by West in 2015, and co-editor of the Cambridge Handbook of Surveillance Law.  He has also published dozens of articles and book chapters in leading journals and collections.  In addition to his own scholarship, Professor Gray works closely with students to develop and publish their work.  Recent work written by or with his students has appeared in JURIST, the Journal of Criminal Law and Criminology, Texas Law Review, the Encyclopedia of Criminology and Criminal Justice, New England Law Review, the Federal Sentencing Reporter, Vermont Law Review, Maryland Law Review, and in edited collections.  Consistent with the Law School’s mission as a public educational institution, Professor Gray frequently provides expert commentary for local and national media outlets.  Prior to joining the School of Law Faculty, Professor Gray practiced law at Williams & Connolly LLP, was a Visiting Assistant Professor at Duke University School of Law, and served as a clerk in the chambers of The Honorable Chester J. Straub, U.S. Court of Appeals for the Second Circuit, and The Honorable Charles S. Haight, Jr., U.S. District Court for the Southern District of New York.  Professor Gray is admitted to the Massachusetts, Pennsylvania, and District of Columbia bars. He also serves on the Law and Philosophy Committee of the American Philosophical Society.


Stay Ahead of the Pack: Your Comprehensive Guide to the Upper Level Curriculum (forthcoming) (with others).

The Fourth Amendment in an Age of Surveillance (2017). [Abstract]

Editor, The Cambridge Handbook of Surveillance Law (2017) (with Stephen Henderson). [Abstract]

Get a Running Start: Your Comprehensive Guide to the First Year Curriculum (2016) (with others). [Abstract]

Book Chapters

Constitutional Criminal Procedure, in American Governance 375 (Stephen L. Schechter et al. eds., 2016) (with Michael Jacko).

Justice and Mercy in the Face of Excessive Suffering: Some Preliminary Thoughts, in Nussbaum and Law 277 (Robin West ed., 2015).

Feminist Perspectives on Extraordinary Justice, in Feminist Perspectives on Transitional Justice 63 (Martha Fineman & Estelle Zinsstag eds., 2013) (with Benjamin A. Levin).

Transitional Disclosures: What Transitional Justice Reveals About "Law," in Transitions: Legal Change, Legal Meanings 147 (Austin Sarat ed., 2012).


Collective Standing Under the Fourth Amendment, 55 American Criminal Law Review 77 (2018).

The Fourth Amendment Categorical Imperative, 11 Michigan Law Review Online 14 (2017).

Fourth Amendment Remedies as Rights: The Warrant Requirement, 96 Boston University Law Review 425 (2016).

Dangerous Dicta, 72 Washington & Lee Law Review 1181 (2015).

A Collective Right to Be Secure from Unreasonable Tracking, 48 Texas Tech Law Review 189 (2015).

The ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records: Critical Perspectives from a Technology-Centered Approach, 66 Oklahoma Law Review 919 (2014).

Addressing the Harm of Total Surveillance: A Reply to Professor Neil Richards, 126 Harvard Law Review Forum 262 (2013) (with Danielle Citron). [Full Text]

A Shattered Looking Glass: The Pitfalls and Potential of the Mosaic Theory of Fourth Amendment Privacy, 14 North Carolina Journal of Law & Technology 381 (2013) (with Danielle Citron). [Full Text]

Fighting Cybercrime After United States v. Jones, 103 Journal of Criminal Law & Criminology 745 (2013) (with Danielle Citron and Liz Clark Rinehart). [Full Text]

The Right to Quantitative Privacy, 98 Minnesota Law Review 62 (2013) (with Danielle Keats Citron). [Full Text]

In Defense of Specialized Theft Statutes, 47 New England Law Review 861 (2013) (with Chelsea Jones). [Full Text]

A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth Amendment Exclusionary Rule Jurisprudence, 50 American Criminal Law Review 1 (2013). [Full Text]

The Supreme Court's Contemporary Silver Platter Doctrine, 91 Texas Law Review 7 (2012) (with Meagan Cooper and David McAloon). [Full Text]

Beyond Experience: Getting Retributive Justice Right, 99 California Law Review 605 (2011) (with Dan Markel & Chad Flanders). [Full Text]

A No-Excuse Approach to Transitional Justice: Reparations as Tools of Extraordinary Justice, 87 Washington University Law Review 1043 (2010). [Full Text]

Book Review, Repairing Wrongs/Restructuring Societies, 4 International Journal of Transitional Justice 296 (2010) (reviewing The Gender of Reparations: Unsettling Sexual Hierarchies while Redressing Human Rights Violations (Ruth Rubio-Marín ed., 2009); Waging War, Making Peace: Reparations and Human Rights (Barbara R. Johnston & Susan Slyomovics eds., 2008); and Antoine Buyse, Post-Conflict Housing Restitution: The European Human Rights Perspective, with a Case Study on Bosnia and Herzegovina (2008)).

Extraordinary Justice, 62 Alabama Law Review 55 (2010). [Full Text]

Punishment as Suffering, 64 Vanderbilt Law Review 1620 (2010). [Full Text]

A Modest Appeal for Decent Respect, 22 Federal Sentencing Reporter 72 (2010) (with Jessica Olive). [Full Text]

Retributivism for Progressives: A Response to Professor Flanders, 70 Maryland Law Review 141 (2010) (with Jonathan Huber). [Full Text]

Constitutional Faith and Dynamic Stability: Thoughts on Religion, Constitutions, and Transitions To Democracy, 69 Maryland Law Review 26 (2009). [Full Text]

Why Justice Scalia Should Be a Constitutional Comparativist . . . Sometimes, 59 Stanford Law Review 1249 (2007). [Full Text]

Devilry, Complicity, and Greed: Transitional Justice and Odious Debt, Law & Contemporary Problems, Summer 2007, at 137. [Full Text]

An Excuse-Centered Approach to Transitional Justice, 74 Fordham Law Review 2621 (2006). [Full Text]

Book Review, Rule Skepticism, "Strategery," and the Limits of International Law, 46 Virginia Journal of International Law 563 (2006). [Full Text]

A Prayer for Constitutional Comparativism in Eighth Amendment Cases, 18 Federal Sentencing Reporter 237 (2006). [Full Text]

What's So Special About Transitional Justice?, 100 American Society of International Law Proceedings 147 (2006). [Full Text]

Recent News featuring David Gray

May 22, 2018

Professor David Gray comments on Carrol County judge's delay in issuing judgment in bench trial in the Baltimore Sun.

February 1, 2018

Baltimore City Police considers fingerprint scanning to track employee hours; Professor David Gray weighs in.

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500 W. Baltimore Street, Baltimore, MD 21201-1786 PHONE: (410) 706-7214 FAX: (410) 706-4045 / TDD: (410) 706-7714

Admissions: PHONE: (410) 706-3492 FAX: (410) 706-1793

Copyright © 2018, University of Maryland Francis King Carey School of Law. All Rights Reserved