Samuel L. Bray
John N. Matthews Professor of Law
Office: 1117 Eck Hall of Law
Phone: 574-631-2306
Email: sbray@nd.edu
Staff Assistant: Kristina Kusisto
SSRN: View
Professor Samuel L. Bray's primary areas of research are remedies and equity. His recent work includes “Proper Parties, Proper Relief,” 137 Harv. L. Rev. 153 (2023) (with William Baude); “Debs and Federal Equity Jurisdiction,” 97 Notre Dame Law Review (2022) (with Aditya Bamzai); “Getting into Equity,” 98 Notre Dame Law Review 1763 (2022) (with Paul B. Miller); and “Equity, Law, and the Seventh Amendment,” 100 Texas Law Review 467-517 (2022). He has written chapters in the Oxford Handbook of Christianity and the Law, Oxford Handbook of New Private Law, and Oxford Handbook of Fiduciary Law. His books, with various coauthors and coeditors, include four editions of a constitutional law casebook, three editions of a remedies casebook, books on Genesis and the Book of Common Prayer, and a forthcoming volume with OUP called Interstitial Private Law (the latter coedited with John C. P. Goldberg, Paul B. Miller, and Henry E. Smith).
Bray is a faculty fellow of the Notre Dame Program on Private Law, as well as a McDonald Senior Distinguished Fellow at the Center for the Study of Law and Religion at Emory University. He is an elected member of the American Law Institute and is an adviser on the Restatement (Third) of Torts: Remedies. He is also one of the organizers of the annual Equity Workshop, a joint collaboration of the University of Notre Dame, the University of Toronto, and King’s College London. He has served as a member of the Advisory Committee for Rules of Procedure for the United States Court of Appeals for the Seventh Circuit. He has testified before the Senate Judiciary Committee, the House Judiciary Committee, and the Presidential Commission on the Supreme Court of the United States.
Bray is a graduate of the University of Chicago Law School, and he clerked for then-Judge Michael W. McConnell on the U.S. Court of Appeals for the Tenth Circuit. After clerking, he practiced law at Mayer Brown LLP, was an associate-in-law at Columbia Law School, and was executive director of the Constitutional Law Center at Stanford Law School. Bray was an assistant professor of law at UCLA from 2011 to 2016, and a professor of law from 2016 to 2018, and during the 2016-2017 academic year he was a Harrington Faculty Fellow at the University of Texas-Austin.
Courses Taught
LAW70203, Remedies
LAW60308, Civil Procedure
LAW60906, Property
LAW60307, Constitutional Law
LAW70834, Anglican Canon Law
Scholarship
Articles and Essays
"Equity Will Not . . . ," in Interstitial Private Law (Samuel L. Bray, John C. P. Goldberg, Paul B. Miller, and Henry Smith eds.) (OUP forthcoming 2024)
"When the Catholic Faith Was Part of the Common Law: The Influence of the Catholic Intellectual Tradition on the Common Law," in Faith in Law, Law in Faith: Reflecting on the Work of John Witte, Jr. (Rafael Domingo, Gary S. Hauk, & Timothy P. Jackson eds., Brill 2024), 235–250.
“Christianity and Equity,” in Oxford Handbook of Christianity and Law (John Witte, Jr. and Rafael Domingo eds., 2023), 390-406
“Proper Parties, Proper Relief,” 137 Harv. L. Rev. 153-191 (2023) (with William Baude)
“Debs and Federal Equity Jurisdiction,” 97 Notre Dame Law Review (Aditya Bamzai, 2022)
“Getting Into Equity,” 97 Notre Dame L. Rev. 1763-1799 (2022) (with Paul B. Miller)
“Equity, Law, and the Seventh Amendment,” 100 Texas Law Review 467-517 (2022)
“The Mischief Rule,” 109 Georgetown Law Journal 967-1013 (2021)
“Remedies,” in Oxford Handbook of New Private Law (Andrew Gold, John C.P. Goldberg, Daniel B. Kelly, Emily L. Sherwin, and Henry E. Smith eds., 2021), 563-573
“Against Fiduciary Constitutionalism,” 106 Virginia Law Review 1479-1532 (2020) (with Paul B. Miller)
“A Parsimonious Equity?: Discussion of Equity: Conscience Goes to Market,” 21 Jerusalem Review of Legal Studies 1-10 (2020)
“Form and Substance in the Fusion of Law and Equity” in Philosophical Foundations of the Law of Equity (Dennis Klimchuck, Irit Samet, and Henry Smith eds., 2020), 231-239
“The Parable of the Forms,” 93 St. John’s Law Review 623-626 (2020)
“Equity: Notes on the American Reception,” in Equity and Law: Fusion and Fission (John C. P. Goldberg, Henry E. Smith, and P. G. Turner eds., 2019), 31-45
“Fiduciary Remedies,” in Oxford Handbook of Fiduciary Law (Evan J. Criddle, Paul B. Miller, and Robert H. Sitkoff eds., 2019), 449-467
“Foreword: The Future of Qualified Immunity,” 93 Notre Dame Law Review 1793-1796 (2018)
“Punitive Damages Against Trustees?,” in Research Handbook on Fiduciary Law (D. Gordon Smith and Andrew S. Gold eds., 2018), 201–217
“Remedies, Meet Economics; Economics, Meet Remedies,” 38 Oxford Journal of Legal Studies 71–89 (2018)
“Multiple Chancellors: Reforming the National Injunction,” 131 Harvard Law Review 417-482 (2017)
“‘Necessary AND Proper’ and ‘Cruel AND Unusual’: Hendiadys in the Constitution,” 102 Virginia Law Review 687-764 (2016)
“The System of Equitable Remedies,” 63 UCLA Law Review 530-593 (2016)
“The Supreme Court and the New Equity,” 68 Vanderbilt Law Review 997 (2015)
“On Doctrines that Do Many Things,” 18 Green Bag 2d 141 (2015)
“A Little Bit of Laches Goes a Long Way: Notes on Petrella v. Metro-Goldwyn-Mayer, Inc.,” 67 Vanderbilt Law Review En Banc 1 (2014)
“The Myth of the Mild Declaratory Judgment,” 63 Duke Law Journal 1091 (2014)
“Announcing Remedies,” 97 Cornell Law Review 753 (2012)
“Preventive Adjudication,” 77 University of Chicago Law Review 1275 (2010)
“Power Rules,” 110 Columbia Law Review 1172 (2010)
“Rooker Feldman (1923–2006),” 9 Green Bag 2d 317 (2006)
Comment, “Not Proven: Introducing a Third Verdict,” 72 University of Chicago Law Review 1299 (2005)
Books
The Constitution of the United States (with Michael Stokes Paulsen, Steven Gow Calabresi, Michael W. McConnell, and William Baude) (1st ed. 2010; 2nd ed. 2013; 3rd ed. 2016; 4th ed. 2021)
The 1662 Book of Common Prayer: International Edition (with Drew Nathaniel Keane) (IVP Academic 2021)
Ames, Chafee, and Re on Remedies (with Emily Sherwin) (2d ed. 2018; 3d ed. 2020; forthcoming 4th ed. 2024)
Genesis 1–11: A New Old Translation for Readers, Scholars, and Translators (with John F. Hobbins) (2017) (reviews: Association of Jewish Libraries, Christian Century, Expository Times, Interpreter, Journal for Study of the Old Testament, Journal of Northwest Semitic Languages, New Blackfriars, Review of Biblical Literature [three reviews], Themelios)
Areas of Expertise
- Constitutional Law
- Equity
- Law & Religion
- Remedies