Samuel Bray headshot 2025

Samuel L. Bray

Professor of Law

Samuel Bray is a legal scholar who teaches remedies, civil procedure, and constitutional law. He joined the University of Chicago faculty in 2025 after serving on the law faculty at UCLA and at Notre Dame.

Bray has written widely on injunctions, declaratory judgments, and the equitable powers of courts. He is the coauthor of two legal textbooks: Ames, Chafee, and Re on Remedies (with Emily Sherwin); and The Constitution of the United States (with Michael Paulsen, Michael McConnell, and Will Baude). Bray is an elected member of the American Law Institute, an adviser on the Restatement (Third) of Torts: Remedies, and a McDonald Senior Distinguished Fellow at the Center for the Study of Law and Religion at Emory University. 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 graduated from the University of Chicago Law School in 2005 and clerked for then-Judge Michael W. McConnell on the U.S. Court of Appeals for the Tenth Circuit.

Education

The University of Chicago Law School

J.D., with honors, 2005

Book Review Editor, University of Chicago Law Review

Bob Jones University

B.A., summa cum laude, 2002

Experience

The University of Chicago Law School

Professor of Law, 2025-present

Notre Dame Law School

John N. Matthews Professor of Law, 2022-2025

Professor of Law, 2018-2022

UCLA School of Law

Professor of Law, 2016-2018

Assistant Professor of Law, 2011-2016

Stanford Law School

Executive Director, Constitutional Law Center, 2010-2011

Columbia Law School

Associate-in-Law, 2008–2009

Mayer Brown

Litigation Associate, Washington, DC, 2006-2008

Judge Michael W. McConnell

Law Clerk, U.S. Court of Appeals for the Tenth Circuit, 2005-2006

Journal Articles

  • "When the Executive Has Unclean Hands," 135 Yale Law Journal Forum __ (2026) (forthcoming) (with William Baude).
  • "Remedies for a Constitutional Crisis," 139 Harvard Law Review __ (2026) (forthcoming) (with William Baude & Marin Levy).
  • "How Equity Changes," 2026 The Supreme Court Review __ (2026) (forthcoming).
  • "Preliminary Injunctions on a Blank Slate," 101 Notre Dame Law Review __ (2026) (forthcoming). ssrn
  • "The Purpose of the Preliminary Injunction," 78 Vanderbilt Law Review 809 (2025). www
  • "Remedies in the Officer Removal Cases," 17 Journal of Legal Analysis 236 (2025). www
  • "Preliminary Injunction Realism," 44 Review of Litigation 203 (2025). ssrn
  • "Equity’s Role in Defining Property Rights," 13 Brigham-Kanner Property Rights Journal 77 (2024). ssrn
  • "Proper Parties, Proper Relief," 137 Harvard Law Review 153 (2023) (with William Baude). www
  • "Debs and Federal Equity Jurisdiction," 98 Notre Dame Law Review 699 (2022) (with Aditya Bamzai).
  • "Getting Into Equity," 97 Notre Dame Law Review 1763 (2022).
  • "Equity, Law, and the Seventh Amendment," 100 Texas Law Review 467 (2022). www
  • "The Mischief Rule," 109 Georgetown Law Journal 967 (2021). www
  • "Against Fiduciary Constitutionalism," 106 Virginia Law Review 1479 (2020) (with Paul B. Miller).
  • "A Parsimonious Equity?: Discussion of Equity: Conscience Goes to Market," 21 Jerusalem Review of Legal Studies 1 (2020). www
  • "The Parable of the Forms," 93 St. John's Law Review 623 (2019).
  • "Remedies, Meet Economics; Economics, Meet Remedies," 38 Oxford Journal of Legal Studies 71 (2018). www
  • "One for All: Are Nationwide Injunctions Legal?," 102 Judicature 70 (2018) (with Amanda Frost). www
  • "Foreword: The Future of Qualified Immunity," 93 Notre Dame Law Review 1793 (2018).
  • "Multiple Chancellors: Reforming the National Injunction," 131 Harvard Law Review 417 (2017). www
  • "The System of Equitable Remedies," 63 UCLA Law Review 530 (2016). www
  • ""Necessary AND Proper" and "Cruel AND Unusual": Hendiadys in the Constitution," 102 Virginia Law Review 687 (2016). www
  • "The Supreme Court and the New Equity," 68 Vanderbilt Law Review 997 (2015). www
  • "On Doctrines that Do Many Things," 18 Green Bag 2d 141 (2015). ssrn
  • "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). www
  • "Power Rules," 110 Columbia Law Review 1172 (2010).
  • "Rooker Feldman (1923–2006)," 9 Green Bag 2d 317 (2006).
  • "Not Proven: Introducing a Third Verdict," 72 University of Chicago Law Review 1299 (2005). www

Books (Author)

  • McClintock’s Handbook of the Principles of Equity (3rd ed.) (West, forthcoming)2026) (with Paul B. Miller) (under contract).
  • How to Use the Book of Common Prayer: A Guide to Anglican Liturgy (IVP, 2024) (with Drew Nathaniel Keane).
  • Ames, Chafee, and Re on Remedies: Cases and Materials (4th ed.) (Foundation Press, 2024) (with Emily Sherwin).
  • Ames, Chafee, and Re on Remedies: Cases and Materials (3rd ed.) (Foundation Press, 2020) (with Emily Sherwin).
  • Ames, Chafee, and Re on Remedies: Cases and Materials (2nd ed.) (Foundation Press, 2018) (with Emily Sherwin).
  • Genesis 1–11: A New Old Translation for Readers, Scholars, and Translators (GlossaHouse, 2017) (with John F. Hobbins).
  • The Constitution of the United States (3rd ed.) (Foundation Press, 2017) (with Michael S. Paulsen, Steven Calabresi, Michael W. McConnell & William Baude).
  • The Constitution of the United States (2nd ed.) (Foundation Press, 2013) (with Michael S. Paulsen & Steven Calabresi & Michael W. McConnell ).
  • The Constitution of the United States (1st ed.) (Foundation Press, 2010) (with Michael S. Paulsen & Steven Calabresi & Michael W. McConnell ).

Books (Editor)

  • Interstitial Private Law. (Oxford University Press, 2024) (edited with John C. Goldberg, Paul B. Miller & Henry E. Smith). www
  • The 1662 Book of Common Prayer: International Edition. (IVP Academic, 2021) (edited with D.N. Keane).

Book Sections

  • "Of Canon Law and Kings: The Legal Thought of James Ussher (1581–1656)," in Christianity and the Making of Irish Law: Violence, Virtue, and Reason, David McIlroy ed. (Routledge, 2025) (with D.N. Keane). ssrn
  • "When Catholicism 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 and Building On the Work of John Witte, Jr., Rafael Domingo, Gary S. Hauk & Timothy P. Jackson eds. (Brill, 2024). www
  • "Equity Will Not . . .," in Interstitial Private Law, Samuel Bray, John C. Goldberg, Paul B. Miller & Henry E. Smith eds. (Oxford University Press, 2024). www
  • "Christianity and Equity," in Oxford Handbook of Christianity and Law, John Witte & Rafael Domingo eds. (Oxford University Press, 2023) (with Paul B. Miller). www
  • "Remedies," in Oxford Handbook of New Private Law, Andrew Gold, John C. Goldberg, Daniel Kelly, Emily Sherwin & Henry E. Smith eds. (2021). www
  • "Form and Substance in the Fusion of Law and Equity," in Philosophical Foundations of the Law of Equity, Dennis Klimchuck, Irit Samet & Henry E. Smith eds. (Oxford University Press, 2020). www
  • "Fiduciary Remedies," in Oxford Handbook of Fiduciary Law, Evan Criddle, Paul B. Miller & Robert H. Sitkoff eds. (Cambridge University Press, 2019). www
  • "Equity: Notes on the American Reception," in Equity and Law: Fusion and Fission, John C. Goldberg, Henry E. Smith & P.G. Turner eds. (Cambridge University Press, 2019). www
  • "Punitive Damages Against Trustees?," in Research Handbook on Fiduciary Law, D. Gordon Smith & Andrew Gold eds. (2018). www

Other Publications

  • "The Concept of the Common Law," University of Chicago Law Review Online, September 26, 2025. ssrn www
  • "Remedies in the First Hundred Days of Trump II: A Gently Adversarial Collaboration," Stanford Law Review Online, July 2025 (with James E. Pfander). ssrn www
  • "The Supreme Court is Watching Out for the Courts, Not for Trump," New York Times, June 28, 2025.
  • "A Declaratory Judgment Against the President?," Yale Journal on Regulation: Notice & Comment, March 14, 2025. www
  • "The Truth of The Truth of Erasure," Yale Journal on Regulation: Notice & Comment, November 7, 2024. www
  • "An Evaluation of Religious Exemptions from COVID-19 Vaccine Requirements," Yale Journal on Regulation: Notice & Comment, December 6, 2021 (with Nathan S. Chapman). www
  • "A Response to The Lost History of the “Universal” Injunction," Yale Journal on Regulation: Notice & Comment, October 6, 2019.
  • "A Little Bit of Laches Goes a Long Way: Notes on Petrella v. Metro-Goldwyn-Mayer, Inc.," Vanderbilt Law Review En Banc, 2014. www

Fellowships, Awards, and Other Appointments

  • 2024 Legal Theory Annual Reviewer Award.
  • Visiting Professor of Law, the University of Chicago Law School, 2024 Autumn Quarter.
  • Notre Dame 2024 All-Faculty Team.
  • McDonald Senior Distinguished Fellow, Center for the Study of Law and Religion, Emory University, 2024–present.
  • Elected Member, American Law Institute, 2022–present.
  • McDonald Distinguished Fellow, Center for the Study of Law and Religion, Emory University, 2019–2023.
  • Joseph Story Award, The Federalist Society, 2019.
  • Fellow, Notre Dame Program on Private Law, 2018–2025.
  • Visiting Professor, Notre Dame Law School, 2017–2018.
  • Harrington Faculty Fellowship, University of Texas at Austin, 2016–2017.
  • AALS Federal Courts Section prize for best article by an untenured professor (for The Supreme Court and the New Equity), 2015.
  • UCLA Faculty Career Development Award, 2014–2015.
  • Lawrence E. Irell Scholar, Haifa University, May 2013.

University Service

  • Appeal Review Committee, University of Notre Dame, 2023, 2024–2025.
  • Provost’s Advisory Committee, University of Notre Dame, 2022–2024.
  • Appointments Committee, Notre Dame Law School, 2020–2024; Vice Chair, 2021–2024.
  • Promotions Committee, Notre Dame Law School, 2018–2020.
  • Curriculum Committee, Notre Dame Law School, 2018–2019.
  • Ad Hoc Library Committee, Notre Dame Law School, 2018–2019.
  • External Appointments Committee, UCLA Law School, 2015-2016.
  • Standards Committee, UCLA Law School, fall 2014.
  • Clerkship/Student Intellectual Life and Academic Careers Committee, UCLA Law School, 2011-2012, 2013-2014.
  • Colloquium Committee, UCLA Law School, 2012-2013.
  • Alternate Chair, Student Conduct Committee, UCLA, 2012-2014.
  • Phi Beta Kappa, UCLA Chapter Executive Council, 2012-2014.

Other Academic Service

  • Award Committee, Eaton Award Honoring Excellence in Constitutional Scholarship, 2022–present.
  • Project Consultant, Administrative Conference of the United States, “Nationwide Injunctions and Federal Regulatory Programs,” 2021–2024.
  • Adviser, Restatement (Third) of the Law of Torts: Remedies, 2019–present.
  • Award Committee, AALS Federal Courts Section prize for best article by an untenured professor, 2019–2020.
  • AALS Remedies Section Executive Committee, 2016–2021; Chair, 2021.

Editorial Work

Peer Reviews and Consultations

  • American Journal of Jurisprudence
  • American Law and Economics Review
  • Cambridge University Press
  • Canadian Journal of Law and Jurisprudence
  • Columbia Law Review
  • Harvard Law Review
  • Jurisprudence
  • Legal Theory
  • Notre Dame Law Review
  • Oxford Journal of Legal Studies
  • Oxford University Press
  • Routledge
  • UCLA Law Review
  • University of Chicago Law Review
  • Yale Law Journal

Selected Amicus Briefs

  • Dewberry Group, Inc. v. Dewberry Engineers, Inc., No. 23-900, Apr. 2024 (with Paul B. Miller) [accounting for profits]
  • Biden v. Nebraska, Supreme Court of the United States, Nos. 22-506 & 22-535, Jan. 11, 2023 (with William Baude) [state standing].
  • Schulz v. Presbytery of Seattle, Supreme Court of the United States, No. 20-261, Oct. 2, 2020 (with Stephanie Barclay) [Religion Clauses].
  • California v. Texas, Supreme Court of the United States, No. 19-840, May 13, 2020 (with Michael W. McConnell and Kevin C. Walsh) [declaratory judgment].
  • Trump v. Pennsylvania, Supreme Court of the United States, No. 19-454, March 9, 2020 (with Nicholas Bagley) [national injunction].
  • Liu v. Securities and Exchange Commission, Supreme Court of the United States, No. 18-1501, December 23, 2019 (with Henry E. Smith) [equitable restitution].
  • Rotkiske v. Trump, Supreme Court of the United States, No. 18-328, May 20, 2019 (with David Marcus and Stephen C. Yeazell) [equitable tolling].
  • Texas v. United States, U.S. Court of Appeals, Fifth Circuit, 19-10011, April 1, 2019 (with Michael W. McConnell and Kevin C. Walsh) [declaratory judgment].
  • Merck & Co. v. Gilead Sciences, Inc., Supreme Court of the United States, No. 18-378, October 24, 2018 [unclean hands].
  • SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, U.S. Court of Appeals, Federal Circuit, No. 2013-1564, March 6, 2015 (with Stephanos Bibas and John F. Duffy) [laches].
  • Asahi Kasei Pharma Corporation v. Actelion Ltd., Supreme Court of California, Ct. of Appeal No. A133927, February 17, 2014 [lost profits damages].

Blog

  • Divided Argument (2025-present)
  • Volokh Conspiracy (2021-2025)

Congressional Testimony

  • “Rule by District Judges II: Exploring Legislative Solutions to the Bipartisan Problem of Universal Injunctions,” Hearing Before the Senate Committee on the Judiciary, 119th Congress, April 2, 2025.
  • “Case Selection and Review at the Supreme Court,” Hearing Before the Presidential Commission on the Supreme Court of the United States, June 30, 2021.
  • “Rule by District Judge: The Challenges of Universal Injunctions,” Hearing Before the Senate Committee on the Judiciary, 116th Congress, February 25, 2020.
  • “The Role and Impact of Nationwide Injunctions by District Courts,” Hearing Before the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property and the Internet, 115th Congress, November 30, 2017.

Service to the Judiciary

  • United States Court of Appeals for the Seventh Circuit, Advisory Committee for Rules of Procedure, 2020–2023.
     

Admissions

  • Georgia Bar (inactive)
  • District of Columbia Bar