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, 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.
Justice and Mercy in the Face of Excessive Suffering: Some Preliminary Thoughts, in Nussbaum and Law (Robin West ed., forthcoming 2015).
Constitutional Criminal Procedure, in American Governance (Stephen L. Schechter et al. eds., forthcoming 2015) (with Michael Jacko).
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).
Fourth Amendment Remedies as Rights: The Warrant Requirement, 96 Boston University Law Review (forthcoming 2015).
Dangerous Dicta, 72 Washington & Lee Law Review (forthcoming 2015).
A Collective Right to Be Secure from Unreasonable Tracking, 48 Texas Tech Law Review (forthcoming 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]
David Gray of the School of Law was quoted in the Daily Record article, "In Freddie Gray court filings, a strategy behind the blustery rhetoric."
David Gray of the School of Law was quoted in the article "Baltimore Officers Plan to Challenge Prosecutor’s Basic Accusation" in The New York Times.
David Gray of the School of Law was quoted in the New York Times article "In Defending Baltimore Police Officers, Lawyers Build Case From the Details."
David Gray of the School of Law was quoted in the Christian Science Monitor article "Why Baltimore police want prosecutor Marilyn Mosby off Freddie Gray case."
David Gray of the School of Law was quoted in the Christian Science Monitor article "What Freddie Gray's knife says about police power in America."
David Gray of the School of Law was featured in the article "Gray on 'Rights of the People' & the Fourth Amendment" in Legal Theory Blog.
David Gray of the School of Law was interviewed on WYPR-FM's Maryland Morning program in the segment entitled "Legal Questions For Officers and Looters After Freddie Gray."
David Gray of the School of Law wrote the opinion piece "Charges in Freddie Gray case look like 'rough ride': law expert" in the New York Daily News.
David Gray of the School of Law was quoted in the Baltimore Sun article, "Legal experts divided on charges against Freddie Gray officers."
David Gray of the School of Law was quoted in the Wall Street Journal article "Six Baltimore Police Officers Charged in Freddie Gray Death."
David Gray of the School of Law was quoted in the Christian Science Monitor article "'Victory' rallies in Baltimore as US sees paradigm shift in police accountability."
David Gray of the School of Law was quoted in the abc2news.com article "FOP president, lawyer say charges in Freddie Gray case rushed; calls again for special prosecutor."
David Gray of the School of Law was quoted in the Baltimore Sun article "5 things we still don't know in the Freddie Gray case."
David Gray of the School of Law was interviewed on the Maryland Morning segment, "The Many Legal Questions Raised By Freddie Gray's Arrest," on WYPR-FM.
David Gray of the School of Law authored the article "Gray on The Warrant Requirement" on lawprofessors.typepad.com.
David Gray of the School of Law was mentioned in the article "Gray on The ABA Standards on Third Party Records"
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.