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David C. Gray
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Jacob A. France Professor of Law
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About David C. Gray
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University of Maryland Francis King Carey School of Law
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Disciplines
Criminal Law
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Jurisprudence
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Transitional Justice
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Criminal Law
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Criminal Procedure
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Jurisprudence
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Constitutional Law
Fourth Amendment
Criminal Law
Jurisprudence
Privacy; Surveillance; United States v. Jones
International Law
Comparative Law
Law and Society
Human Rights Law
Immigration
Constitutional Law
(12)
Article
Fourth Amendment Remedies as Rights: The Warrant Requirement
Boston University Law Review (2016)
David C Gray
The constitutional status of the warrant requirement is hotly debated. Critics argue that neither the text nor history of the ...
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Article
Dangerous Dicta
Washington and Lee Law Review (2015)
David C Gray
In United States v. Heller, the Court held that individuals have a Second Amendment right to keep and bear arms ...
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Article
A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth ...
Faculty Scholarship (2013)
David C. Gray
Much of the Supreme Court’s contemporary Fourth Amendment exclusionary rule jurisprudence is constructed upon an analytic mistake that H.L.A. Hart ...
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Article
Addressing the Harm of Total Surveillance: a Reply to Professor ...
Faculty Scholarship (2013)
Danielle Keats Citron and David C. Gray
In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil Richards offers a framework for ...
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Article
Fighting Cybercrime After
United States v. Jones
Faculty Scholarship (2013)
David C. Gray, Danielle Keats Citron and Liz Clark Rinehart
In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess ...
Download
Article
A Shattered Looking Glass: The Pitfalls and Potential of the ...
14 North Carolina Journal of Law and Technology 381 (2013)
David C. Gray and Danielle Keats Citron
On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers ...
Download
Article
The Right to Quantitative Privacy
98 Minnesota Law Review 62 (2013)
David C. Gray and Danielle Keats Citron
We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances ...
Download
Article
The Supreme Court's Contemporary Silver Platter Doctrine
91 Texas Law Review 7 (2012)
David C. Gray, Meagan Cooper and David McAloon
In a line of cases beginning with United States v. Calandra, the Court has created a series of exceptions to ...
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Article
A Modest Appeal for Decent Respect
Faculty Scholarship (2010)
Jessica Olive and David C Gray
In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison ...
Download
Article
Constitutional Faith and Dynamic Stability: Thoughts on Religion, Constitutions, and ...
Faculty Scholarship (2009)
David C. Gray
This essay, written for the 2009 Constitutional Schmooze, explores the complex role of religion as a source of both stability ...
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Article
Why Justice Scalia Should be a Constitutional Comparativist ... Sometimes
Faculty Scholarship (2007)
David C. Gray
The burgeoning literature on transjudicialism and constitutional comparativism generally reaffirms the familiar lines of contest between textualists and those more ...
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Article
A Prayer for Constitutional Comparativism in Eighth Amendment Cases
Faculty Scholarship (2006)
David C Gray
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Fourth Amendment
(8)
Article
Fourth Amendment Remedies as Rights: The Warrant Requirement
Boston University Law Review (2016)
David C Gray
The constitutional status of the warrant requirement is hotly debated. Critics argue that neither the text nor history of the ...
Download
Article
Dangerous Dicta
Washington and Lee Law Review (2015)
David C Gray
In United States v. Heller, the Court held that individuals have a Second Amendment right to keep and bear arms ...
Download
Article
A Spectacular Non Sequitur: The Supreme Court's Contemporary Fourth ...
Faculty Scholarship (2013)
David C. Gray
Much of the Supreme Court’s contemporary Fourth Amendment exclusionary rule jurisprudence is constructed upon an analytic mistake that H.L.A. Hart ...
Download
Article
Addressing the Harm of Total Surveillance: a Reply to Professor ...
Faculty Scholarship (2013)
Danielle Keats Citron and David C. Gray
In his insightful article The Dangers of Surveillance, 126 HARV. L. REV. 1934 (2013), Neil Richards offers a framework for ...
Download
Article
Fighting Cybercrime After
United States v. Jones
Faculty Scholarship (2013)
David C. Gray, Danielle Keats Citron and Liz Clark Rinehart
In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess ...
Download
Article
A Shattered Looking Glass: The Pitfalls and Potential of the ...
14 North Carolina Journal of Law and Technology 381 (2013)
David C. Gray and Danielle Keats Citron
On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers ...
Download
Article
The Right to Quantitative Privacy
98 Minnesota Law Review 62 (2013)
David C. Gray and Danielle Keats Citron
We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances ...
Download
Article
The Supreme Court's Contemporary Silver Platter Doctrine
91 Texas Law Review 7 (2012)
David C. Gray, Meagan Cooper and David McAloon
In a line of cases beginning with United States v. Calandra, the Court has created a series of exceptions to ...
Download
Criminal Law
(6)
Article
In Defense of Specialized Theft Statutes
New England Law Review (2013)
David C Gray
This essay is an invited contribution to a symposium hosted by the New England Law Review in celebration of Stuart ...
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Article
Beyond Experience: Getting Retributive Justice Right
Faculty Scholarship (2011)
Dan Markel, Chad Flanders and David C. Gray
How central should hedonic adaptation be to the establishment of sentencing policy? In earlier work, Professors Bronsteen, Buccafusco, and Masur ...
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Article
A Modest Appeal for Decent Respect
Faculty Scholarship (2010)
Jessica Olive and David C Gray
In Graham v. Florida, the Supreme Court held that the Eighth Amendment prohibits imposing a sentence of life in prison ...
Download
Article
Retributivism for Progressives: A Response to Professor Flanders
Faculty Scholarship (2010)
David C. Gray and Jonathan Huber
In his engaging article "Retributivism and Reform," published in the Maryland Law Review, Chad Flanders engages two claims he ascribes ...
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Article
Punishment as Suffering
64 Vanderbilt Law Review 1619 (2010)
David C. Gray
In a series of recent high-profile articles, a group of contemporary scholars argue that the criminal law is a grand ...
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