Aya Gruber

Professor of Law
Criminal Law, Criminal Procedure: Investigation, Criminal Procedure: Adjudication, Seminar: Criminal Law in Context

401 UCB
Boulder, CO  80309-0401
Office: 467
Phone: (303) 492-8441
E-mail: aya.gruber@colorado.edu

Curriculum Vitae:  View (PDF format)

Educational Background:
J.D.   Harvard Law School   1997   (magna cum laude)
B.A.   University of California at Berkeley   1992   (summa cum laude with honors)

Aya Gruber joined the University of Colorado law faculty in 2010. She received the Outstanding New Faculty Member award in 2012; delivered the annual Austin Scott Lecture in 2013, and received the Goldberg Fellowship for scholarship in 2015. Prior to Colorado, Gruber was a professor of law at the University of Iowa and a founding faculty member of Florida International University College of Law. Professor Gruber received her B.A. in Philosophy from U.C. Berkeley, summa cum laude and her law degree from Harvard Law School magna cum laude. After law school, she clerked for U.S. district court judge James King in Miami, Florida and then served as a felony trial attorney with the Public Defender Service in Washington, D.C. and the Federal Public Defender in Miami. Professor Gruber teaches and writes in the areas of criminal law and procedure, comparative/international law, critical theory, and feminism. She has written a book on comparative criminal procedure and several articles on treaty law and general criminal law and procedure, but her primary area of scholarship involves the intersection of feminism and criminal law. She has authored several articles on rape law (i.e. Consent Confusion, Anti-Rape Culture, and Rape Feminism, and the War on Crime), on the feminist critique of provocation and self-defense (i.e. A Provocative Defense, When Theory Met Practice, and Murder, Minority Victims, and Mercy), on domestic violence reform (i.e. Neofeminism and The Feminist War on Crime), and on prostitution and human trafficking (i.e. Penal Welfare and the New Human Trafficking Intervention Courts). Professor Gruber is currently working on a book, tentatively entitled THE FEMINIST WAR ON CRIME, which ties together many of the ideas from her articles. Gruber is currently on the board of advisers of the American Law Institute project to revise the Model Penal Code sexual assault provisions, and as a member of Colorado's faculty assembly, she investigated high-profile campus sexual assault and harassment controversies. A frequent public speaker on criminal justice, Professor Gruber has appeared on PBS, Fox News, ABC, and is quoted in various news outlets, including the Denver Post, Slate, and the New York Times.

Published Books

COMPARATIVE CRIMINAL PROCEDURE: UNITED STATES, ARGENTINA, AND NETHERLANDS (with Vicente de-Palacios and Piet Hein Van Kempen) (Carolina Academic Press 2012) (author and primary editor).


Consent Confusion, __Cardozo L. Rev__ (2016).
Gruber (with Amy J. Cohen & Kate Mogelscu), Penal Welfare: The New Human Trafficking Intervention Court, 68 Fla. L. Rev. 1333 (2016).
A Provocative Defense, 103 California L. Rev. 273 (2015).
Murder, Minority Victims, and Mercy, 85 Colorado L. Rev. 129 (2014).
Neofeminism, 50 HOUSTON L. REV. 1325 (2013).
A Distributive Theory of Criminal Law, 52 WM. & MARY L. REV. 1 (2010).
An Unintended Casualty of the War on Terror, 27 GA. ST. U. L. REV. 299 (2010).
Rape, Feminism, and the War on Crime, 84 WASH. L. REV. 581 (2009).
Garbage Pails and Puppy Dog Tails: Is that what Katz is Made of?, 41 UC DAVIS L. REV. 781 (2008).
The Feminist War on Crime, 92 IOWA L. REV. 741 (2007).
Who's Afraid of Geneva Law?, 39 ARIZ. ST. L.J. 1017 (2007).
Raising the Red Flag: The Continued Relevance of the Japanese Internment in the Post-Hamdi World, 54 U. KANSAS L. REV. 307 (2006).
Righting Victim Wrongs: Responding to Philosophical Criticisms of the Nonspecific Victim Liability Defense, 52 BUFFALO L. REV 433 (2004).
Victim Wrongs: The Case for a Criminal Defense Based on Wrongful Victim Behavior in an Era of Victim's Rights, 76 TEMP. L. REV. 645 (2003).
Pink Elephants in the Rape Trial: The Problem of Tort-type Defenses in the Criminal Law of Rape, 4 WM. & MARY J. WOMEN & L. 203 (1998).
Public Housing in Singapore: The Use of Ends-based Reasoning in the Quest for a Workable System, 38 HARV. INT'L L. J. 236 (1997).

Symposia, Invited Essays, and Short Articles

Anti-Rape Culture, __U. Kansas L. Rev.__ (2016) (invited).
Rape Law Revisited, __Ohio St. J. Crim. L.__ (2016) (symposium editor's introduction) (peer reviewed).
Zero Tolerance Comes to International Law, __Am. J. Int'l L. Unbound__ (forthcoming 2016) (peer reviewed) (invited).
Not Affirmative Consent, __U. Pacific L. Rev.__ (2016) (invited).
When Theory Met Practice: Distributional Analysis of Race and Gender in Criminal Law, 83 Fordham. L. Rev. 3211 (2015) (invited).
Race to Incarcerate: Punitive Instinct and the Bid to Repeal Stand-Your-Ground, 68 U. Miami L. Rev. 961 (2014) (invited).
Miscarriages of Race and Gender Justice, 76 Albany L. Rev. 1571 (2012-13) (invited).
Duncan Kennedy's Third Globalization, Criminal Law and the Spectacle, 3 COMP. L. REV. 3.4 (2012).
A "Neo-feminist" Assessment of Rape and Domestic Violence Law Reform, 15 J. Race, Gender & Just. 583 (2012) (invited).
Sending the Self-Execution Doctrine to the Executioner, 3 FIU L. Rev. 54 (2007) (invited).
Navigating Diverse Identities: Building Coalitions through Redistribution of Academic Capital, an Exercise in Praxis,, 35 SETON HALL L. REV 1201 (2005) (invited).

Book Chapters

Gruber (with A. Cohen), Governance Feminism in New York's Prostitution Diversion Courts, Governance Feminism: A Handbook (U. Minnesota Press, forthcoming 2016).
Gruber (with A. Cohen), An Accidental Governance Feminist: An Interview with Kate Mogulescu, Director of Legal Aid's Trafficking Victim's Advocacy Project, Governance Feminism: A Handbook (U. Minnesota Press, forthcoming 2016).
Neofeminism, The SAGE Encyclopedia of Psychology and Gender (2015) (invited).
One More Casualty of the "War on Terror", in COURTS AND TERRORISM: NINE NATIONS BALANCE RIGHTS AND SECURITY 33 (Cambridge University Press 2011).
From Neoliberalism to Libertarianism: Why Neither Criminalization nor Privacy is the Answer for Battered Women, in CRIMINAL LAW CONVERSATIONS (Oxford U. Press 2009).
Hope with a Sprinkling of Concern, in OBAMA REFLECTIONS (Ohio State Kirwan Institute 2009).

Online Essays

Anti-Rape Culture, (reviewing Janet Halley, Trading the Gavel for the Megaphone (2014)), Journal of Things We Like Lots [Jotwell] (Sept. 2015).
Colorado Fetal Homicide Law Goes Too Far, Denver Post (April 2015) (with J. Hendricks).
Zero Tolerance for Zero Tolerance of Domestic Violence, NY Times Room for Debate (Feb. 2014).
Marked!, (reviewing Issa Kohler-Hausmann, Managerial Justice and Mass Misdemeanors (2014)), Jotwell (Nov. 2014).
Rethinking Domestic Violence, Rethinking Violence, (reviewing LEIGH GOODMARK, A TROUBLED MARRIAGE (2012)), JOURNAL OF THINGS WE LIKE LOTS (JOTWELL.COM) (forthcoming August 2013).
Why We Need a Progressive Account of Violence, (reviewing James Forman, Jr., Racial Critiques of Mass Incarceration: Beyond the New Jim Crow (2012)), Jotwell (Aug 6, 2012).
The False Promise of Retributive Propotionality, (reviewing Alice Ristroph, How (not) to Think Like a Punisher (2009)), Jotwell (July 12, 2010).

Selected Press, Media & Publicity

SCOTUS Hears Arguments On Execution Drugs | Law Week Online | Wednesday, May 20, 2015
A Colorado Jury Will Need to Decide if the 'Dark Knight' Shooter is Insane or Simply Evil | Vice.com | Tuesday, April 28, 2015
Gruber on Provocation | CrimProf Blog | Friday, April 24, 2015
Guest Commentary: Colorado fetal homicide law goes too far | The Denver Post | Sunday, April 19, 2015
Teaching Rape Law In The Age Of The Trigger Warning | BuzzFeed News | Friday, April 3, 2015
Colorado Says No to Personhood for the Third Time | Slate's XXfactor blog | Tuesday, November 4, 2014
A Tale of Two 'Personhood' Amendments | U.S. News.com | Wednesday, October 29, 2014
Colorado to Vote on Personhood, Again | Politico.com | Friday, October 10, 2014
Few and tricky options for defense attorneys in Observatory Park case | Denver Post | Friday, September 5, 2014


Spring 2019 Criminal Law LAWS 5503-804
Spring 2019 Criminal Procedure: Investigative Phase LAWS 6045-801
Fall 2018 Criminal Law in Context:Legal and Social Images of Victims and Perpetrators LAWS 8533-801
Spring 2017 Criminal Law LAWS 5503-801
Spring 2017 Criminal Procedure: Investigative Phase LAWS 6045-001
Fall 2016 Criminal Law in Context:Legal and Social Images of Victims and Perpetrators LAWS 8533-001
Spring 2016 Criminal Law LAWS 5503-802
Spring 2016 Criminal Procedure: Investigative Phase LAWS 6045-001
Spring 2015 Criminal Law LAWS 5503-803
Spring 2015 Criminal Procedure: Investigative Phase LAWS 6045-001
Fall 2014 Criminal Law in Context:Legal and Social Images of Victims and Perpetrators LAWS 8533-001
Spring 2014 Criminal Law LAWS 5503-802
Fall 2013 Criminal Procedure: Investigative Phase LAWS 6045-001
Fall 2013 Criminal Law in Context:Legal and Social Images of Victims and Perpetrators LAWS 8533-001
Spring 2013 Criminal Law LAWS 5503-801
Spring 2013 Seminar: Critical Theory Cllqm LAWS 8728-001