David Schraub

David Schraub

Associate Professor of Law

Legal Research Center 222
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David Schraub joined the Lewis & Clark Law School as an assistant professor in 2021. His research and teaching interests are in the areas of constitutional law, law and religion, and anti-discrimination law. He also has published extensively in the areas of political theory, philosophy, and Jewish studies. David’s scholarship has been published in, among other locations, the New York University Law Review, the California Law Review, the Southern California Law Review, the Boston University Law Review, the Association of Jewish Studies (AJS) Review, Constitutional Commentary,and the American Political Science Review. Beyond his academic publications, David is a regular public commentator on issues of contemporary antisemitism and Jewish life, with bylines appearing in The Atlantic, Ha’aretz, and The Jewish Daily Forward, among others. He co-convened and hosted the 2nd Annual Law vs. Antisemitism Conference at Lewis & Clark Law School in the Spring of 2023.

Prior to joining the Lewis & Clark faculty, David taught at DePaul University Law School, the University of Illinois Law School, and the University of California, Berkeley, where he served as the inaugural Darling Foundation Fellow in Public Law and was a Senior Research Fellow at Berkeley’s California Constitution Center. In addition, he clerked for Judge Diana E. Murphy on the United States Court of Appeals for the Eighth Circuit and was an associate at Covington & Burling LLP in Washington, D.C., focusing his practice on energy and Indian law matters. David graduated with high honors from the University of Chicago Law School, where he was Articles Editor on the University of Chicago Law Review. He earned his BA in Political Science, magna cum laude and with distinction, from Carleton College and a PhD, also in Political Science, from the University of California, Berkeley.

Specialty Areas and Course Descriptions

Academic Credentials

  • BA in Political Science, Magna Cum Laude and with distinction, Carleton College (2008)
  • JD, with High Honors, University of Chicago Law School (2011)
  • MA with distinction, and PhD in Political Science, University of California, Berkeley (2020)


Selected Publications
Renewing Study into the Oldest Hatred: Introduction to the Law vs. Antisemitism Symposium, 27 Lewis & Clark Law Review __ (forthcoming 2024)

Liberal Jews and Religious Liberty, 98 New York University Law Review 1556 (2023)

(The Limits of) Judicial Resegregation, 58 Harvard Civil Rights-Civil Liberties Law Review 311 (2023)

Microaggressions as Negligence, __ Journal of Social Philosophy __ (2023) (peer-reviewed)

The Epistemic Dimension of Antisemitism, 15 Journal of Jewish Identities 153 (2022) (peer-reviewed)

Arguing About Antisemitism: Why We Disagree About Antisemitism, and What We Can Do About It, 45 Ethnic & Racial Studies 1803 (2022) (with Dov Waxman & Adam Hosein) (peer-reviewed)

Deliberation and Dismissal, 22 University of Pennsylvania Journal of Constitutional Law 1319 (2020)

Sadomasochistic Judging, 35 Constitutional Commentary 437 (2020)

The Distinctive Political Status of Dissident Minorities, 114 American Political Science Review 963 (2020) (peer-reviewed)

Doctrinal Sunsets, 93 Southern California Law Review 431 (2020)

White Jews: An Intersectional Approach, 43 Association for Jewish Studies (AJS) Review 379 (2019) (peer-reviewed)

Torgerson’s Twilight: The Antidiscrimination Jurisprudence of Judge Diana E. Murphy, 103 Minnesota Law Review 65 (2018)

Finding the “Sovereign” in “Sovereign Immunity”: Lessons from Bodin, Hobbes, and Rousseau, 29 Critical Review 388 (2017) (peer-reviewed)

Post-Racialism and the End of Strict Scrutiny, 92 Indiana Law Journal 599 (2017)

Unsuspecting, 96 Boston University Law Review 361 (2016)

Playing with Cards: Discrimination Claims and the Charge of Bad Faith, 42 Social Theory & Practice 285 (2016) (peer-reviewed)

Racism as Subjectification, 17 Berkeley Journal of African-American Law & Policy 3 (2016)

The Siren Song of Strict Scrutiny, 84 UMKC Law Review 859 (2016) (invited symposium contribution)

Renewing Electricity Competition, 42 Florida State University Law Review 937 (2015)

  • Excerpted in Renewable Energy: Law, Policy & Practice (West American Casebook Series 2018).

Sticky Slopes, 101 California Law Review 1249 (2013)

Our Divine Constitution, 44 Loyola University (Chicago) Law Journal 1201 (2013) (reviewing Robert A. Burt, In the Whirlwind: God and Humanity in Conflict (Harvard UP 2012))

The Perils and Promise of the Holder Memo, 2012 Cardozo Law Review De Novo 187 (invited symposium contribution)

The Price of Victory: Political Triumphs and Judicial Protection in the Gay Rights Movement, 77 University of Chicago Law Review 1437 (2010)