Professor of LawPhone: (410) 706-5986
BA, 1995, University of Virginia
MA, 1998, Northwestern University
JD, 2003, New York University
PhD, 2004, Northwestern University
David Gray teaches criminal law, criminal procedure, international criminal law, and jurisprudence. He was voted “Professor of the Year” in 2012. His scholarly interests focus on transitional justice, criminal law, criminal procedure, and constitutional theory. His recent publications have appeared or are forthcoming in Minnesota Law Review, Texas Law Review, the Journal of Criminal Law and Criminology, American Criminal Law Review, Vanderbilt Law Review, California Law Review, Alabama Law Review, Washington University Law Review, Stanford Law Review, Law & Contemporary Problems, Fordham Law Review, and in other leading journals as well as in prominent volumes edited by leading scholars. 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 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.
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).
A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth Amendment Exclusionary Rule Jurisprudence, 50 American Criminal Law Review 1 (2013). [Full Text]
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]
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]
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]
David Gray and Doug Colbert of the School of Law was quoted in the article "Baltimore drug probe crumbles after court challenge" in The Baltimore Sun.
David Gray of the School of Law was quoted in the article "Want to Prevent Future Eric Garners? Don't Give Cops Excuses to Bust People," on Reason.com.
David Gray of the School of Law was interviewed for the article "Watch out, 70% of us have done something that could put us in jail" in the Tampa Bay Times.
David Gray of the School of Law was quoted in the article "For the Public Good: The Shameful History of Forced Sterilization in the U.S." on blog.longreads.com.