David Gray

Jacob A. France Professor of Law




(410) 706-5986


(410) 706-2184

Photo of David Gray


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

David Gray is the Jacob A. France Professor of Law at the University of Maryland Francis King Carey School of Law where he teaches criminal law, criminal procedure, evidence, international criminal law, and jurisprudence. He also teaches an interdisciplinary course in the College Park Scholars Program at the University of Maryland, College Park. He was voted Professor of the Year in 2012.

Professor Gray’s scholarship focuses on criminal law, criminal procedure, constitutional theory, and transitional justice. His books include The Fourth Amendment an Age of Surveillance (Cambridge University Press 2017), the Cambridge Handbook of Surveillance Law (Cambridge University Press 2017), Get a Running Start: Your Comprehensive Guide to the First Year Curriculum (West 2016), and Stay Ahead of the Pack: Your Comprehensive Guide to the Upper Level Curriculum (West 2018). In 2019, he joined the leading textbook American Criminal Procedure: Cases and Commentary. He has also published dozens of articles and book chapters in leading journals and collections. His work has been cited and followed by state and federal appellate courts. In 2019, he was named University of Maryland, Baltimore, Researcher of the Year in recognition of his scholarly contributions.

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 Maryland Carey Law’s mission as a public educational institution, Professor Gray frequently provides expert commentary for local and national media outlets on topics relating to criminal law, police procedure, and surveillance. He has also written and contributed to amicus briefs filed in state appellate courts, federal courts, and the United States Supreme Court.

Prior to joining the faculty, Professor Gray practiced 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 an elected member of the American Law Institute and is admitted to the Massachusetts, Pennsylvania, and District of Columbia bars.


American Criminal Procedure: Cases and Commentary (12th ed. 2022) (with Daniel J. Capra & Stephen A. Salzburg). Abstract

Stay Ahead of the Pack: Your Comprehensive Guide to the Upper Level Curriculum (2018) (with others). Abstract

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

Mass Surveillance in the Age of COVID-19, in Pandemic Surveillance: Privacy, Security, and Data Ethics 6 (Margaret Hu ed., 2022) (with Natalie Ram).

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).


The Fourth Amendment State Agency Requirement: Some Doubts, 109 Iowa Law Review 1487 (2024).

Mercy in Context, 102 Texas Law Review 1615 (2024).

"You Know You've Gotta Help Me Out...", 126 Pennsylvania State Law Review 337 (2022).

Bertillonage in an Age of Surveillance: Fourth Amendment Regulation of Facial Recognition Technologies, 24 SMU Science & Technology Law Review 3 (2021).

Mass Surveillance in the Age of COVID-19, Journal of Law & the Biosciences, June 2020, doi:10.1093/jlb/lsaa023 (with Natalie Ram).

A Right to Go Dark (?), 72 SMU Law Review 621 (2019).

Arnold Loewy: Thought Leader, Champion of the Innocent, Prognosticator, Surveillant, 52 Texas Tech Law Review 107 (2019).

Collective Rights and the Fourth Amendment After Carpenter, 79 Maryland Law Review 66 (2019). Abstract

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

Retributivism, Confrontation, and the Death Penalty: Some Skepticism About Dan Markel's Skepticism, 51 Texas Tech Law Review 1 (2018).

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

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). Abstract

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). Abstract

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). Abstract

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

The Right to Quantitative Privacy, 98 Minnesota Law Review 62 (2013) (with Danielle Keats Citron). Abstract

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

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

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

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

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

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). Abstract

Punishment as Suffering, 64 Vanderbilt Law Review 1620 (2010). Abstract

A Modest Appeal for Decent Respect, 22 Federal Sentencing Reporter 72 (2010) (with Jessica Olive). Abstract

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

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

Why Justice Scalia Should Be a Constitutional Comparativist . . . Sometimes, 59 Stanford Law Review 1249 (2007). Abstract

Devilry, Complicity, and Greed: Transitional Justice and Odious Debt, Law & Contemporary Problems, Summer 2007, at 137. Abstract

An Excuse-Centered Approach to Transitional Justice, 74 Fordham Law Review 2621 (2006). Abstract

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

A Prayer for Constitutional Comparativism in Eighth Amendment Cases, 18 Federal Sentencing Reporter 237 (2006). Abstract

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