A former tenured law professor and federal government official, Dave focuses his practice on trials that implicate constitutional questions, all manner of appeals, and statutory, regulatory and doctrinal developments.

Prior to joining the firm, Dave served as special assistant to the chair of the U.S. Sentencing Commission and as a fellow at the U.S. Supreme Court. In addition to his public service, Dave has taught courses in constitutional law, criminal law, employment discrimination, national security and advocacy at the Georgetown University Law Center, University of Baltimore School of Law and the University of New Mexico School of Law. Dave has also held research or fellowship posts at Georgetown, Oxford, Harvard and Stanford. Before becoming a law professor, Dave worked in the policy arm of the U.S. Department of Education's Office for Civil Rights and as a law clerk to the Hon. David G. Campbell. Dave is an elected member on the Council on Foreign Relations.

Dave's publications have been cited by the solicitor general of the United States, a federal court and numerous agencies. His writings have appeared in The Washington Post, The New York Times, The Baltimore Sun, The Atlantic, The New Republic and SCOTUSblog, among other outlets. Dave has given presentations at the Georgetown University Law Center, University of Pennsylvania Law School, Stanford Law School and New York University School of Law, among other institutions.

As part of his commitment to pro bono advocacy, Dave has represented civil rights organizations, former judges and leading scholars in high-profile constitutional and national security cases. Dave proudly supports SevaTruck, which delivers free meals by food truck to veterans and students from underserved communities, and the Len and Jay Bias Foundation, which promotes drug prevention strategies for at-risk youth. In 2015, Dave was recognized by Justice Antonin Scalia for his service to the Supreme Court Historical Society.

Select Publications

Scholarly Articles

Moneyball Sentencing, 56 B.C. L. Rev. 671 (2015).

Racial Mirroring, 17 U. Pa. J. Const. L. 1335 (2015).

Judicial Modesty in the Wartime Context, 39 J. of Sup. Ct. Hist. 190 (2014).

The Unconstitutionality of Urban Poverty, 62 Depaul L. Rev. 1 (2012).

Religious Freedom and Inmate Grooming Standards, 66 U. Miami L. Rev. 923 (2012).


Fairly Assessing Risk and Recidivism, Baltimore Sun, March 25, 2015.

Segregating Workplaces by Religion, The Atlantic, March 3, 2015.

We Don’t Need a ‘Right to be Forgotten.’ We Need a Right to Evolve, The New Republic, November 7, 2014.

How Serious is the Supreme Court about Religious Freedom?, The Atlantic, September 30, 2014.

Recent Presentations

Presenter, Supreme Court Update, Federal Bar Seminar, U.S. District Court for the District of New Mexico, May 1, 2015.

Moderator, Judicial Roundtable, University of New Mexico School of Law, April 8, 2015.

Moderator, National Security Legal and Policy Dilemmas, University of New Mexico, April 2, 2015.

Presenter, Recent Developments in the Supreme Court of the United States, State Bar of New Mexico, December 10, 2014.

Presenter, Moneyball Sentencing and Racial Mirroring, Stanford Law School, October 10, 2014.

Panelist, Supreme Court Review, Albuquerque Bar Association, July 1, 2014.

Panelist, Town Hall on Supreme Court Fellows Program, National Constitution Center, May 20, 2014.

Presenter, Moneyball Sentencing, Center for the Constitution, Georgetown University Law Center, May 14, 2014.

Presenter, Speaker Series, Institute of Bill of Rights, William & Mary Law School, April 7, 2014.

Guest Lecturer, Judicial Process, University of Maryland, Oct. 30, 2013.