Associate Professor of Law
Professor Brian Murray researches and teaches in the areas of criminal law, criminal procedure, punishment theory, expungement, collateral consequences, jurisprudence, and professional responsibility.
Prior to joining the faculty at Seton Hall Law, Professor Murray was a fellow at the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania Law School. He also was an Abraham L. Freedman Fellow at Temple University, Beasley School of Law, where he also earned an L.L.M. in Legal Education. He also served as an Assistant Public Defender at the Chester County Public Defender’s Office in Pennsylvania and a staff attorney at Community Legal Services of Philadelphia.
He received his J.D., magna cum laude, from Notre Dame Law School, where he served as the Executive Articles Editor of the Notre Dame Law Review. He earned his B.A., summa cum laude, from Villanova University.
His scholarship focuses on issues relating to the administration of the criminal law, including the exercise of prosecutorial discretion, the effect of collateral consequences on reentry, expungement reform, punishment theory, and professional responsibility in the criminal justice system. His articles have been published in the University of Pennsylvania Law Review, Notre Dame Law Review, Iowa Law Review, University of Miami Law Review, University of Richmond Law Review, and the Fordham Law Review.
LAW REVIEW ARTICLES
Qualifying Absolute Immunity Through Brady Claims, 107 Iowa L. Rev. (forthcoming 2022) (with Paul Heaton and Jon Gould)
Newspaper Expungement, Nw. U. L. Rev. Colloquy (2021)
Restorative Retributivism, 75 U. Miami L. Rev. 855 (2021)
Retributive Expungement, 169 U. Pa. L. Rev. 665 (2021)
Are Collateral Consequences Deserved?, 95 Notre Dame L. Rev. 1031 (2020)
Retributivist Reform of Collateral Consequences, 52 Conn. L. Rev. 863 (2020)
Unstitching Scarlet Letters? Prosecutorial Discretion and Expungement, 86 Fordham L. Rev. 2821 (2018)
A New Era for Expungement Law Reform? Recent Developments at the State and Federal Levels, 10 Harv. L. & Pol’y Rev. 361 (2016) (cited in amicus brief to the Supreme Court of the United States for Doe v. United States)
Prosecutorial Responsibility and Collateral Consequences, 12 Stan. J. C.R. & C.L. 213 (2016)
A Tale of Two Inquiries: The Ministerial Exception After Hosanna-Tabor, 68 SMU L. Rev. 1123 (2015)
Beyond the Right to Counsel: Increasing Notice of Collateral Consequences, 49 U. Rich. L. Rev. 1139 (2015)
Chicken Soup for the Legal Soul: The Jurisprudence of Saint Thomas More, 51 J. Cath. Legal Stud. 145 (2012)
The Elephant in Hosanna-Tabor, 10 Geo. J. L. Pub. Pol’y 493 (2012)
Confronting Religion: Veiled Muslim Witnesses and the Confrontation Clause, 85 Notre Dame L. Rev. 1727 (2010) (Note)
Full list of presentations available in Curriculum Vitae
Are Collateral Consequences Deserved?, Presenter, Retributivism and the New Penology Panel, Law and Society Association Annual Conference (May 2019)
Are Collateral Consequences Deserved?, Presenter, Junior Scholars Colloquium, The Federalist Society (June 2019)
NJPAC True Diversity Screening: Lost for Life, Panelist (February 2019) (discussing developments in law relating to juvenile life without parole)
Retributivist Reform of Collateral Consequences, Presenter, Crimfest 2019, Brooklyn Law School (July 2019)
First (Tort) Principles and Absolute Prosecutorial Immunity, Presenter, Quattrone Center for the Fair Administration of Justice, Advisory Board Meeting (October 2017)