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  • Racial Justice
Home Faculty Profiles David Oppenheimer
David Oppenheimer
Download Portrait
  • David Oppenheimer

  • Clinical Professor of Law
    Faculty Co-Director, Pro Bono Program
    Director, Berkeley Center on Comparative Equality and Anti-Discrimination Law

  • doppenheimer@law.berkeley.edu
  • Tel: 510-326-3865
  • 498 Simon Hall, Berkeley, CA 94720 MC:7200
  • Faculty Support Contact: Jessica Davis
  • Areas of Expertise: Civil Procedure and Litigation | Civil Rights and Civil Liberties | Employment and Labor Law | Human Rights | Racial and Social Justice
  • Publications
  • CV

David B. Oppenheimer is a Clinical Professor of Law.

He serves as the Faculty Co-Director of the Pro Bono Program, and the Director of the Berkeley Center on Comparative Equality & Anti-discrimination Law. The center brings together over 800 scholars, activists, NGO workers, government anti-discrimination agency lawyers and officials, PhD candidates and other graduate students, and legal practitioners from six continents, to address the problems of systemic inequality and discrimination. Its principal mission is to expand our understanding of inequality and discrimination through the tools of comparative legal studies, and to transfer that knowledge from those who study inequality to those who enforce anti-discrimination law.

Following his graduation from Harvard Law School, Professor Oppenheimer clerked for California Chief Justice Rose Bird. He then worked as a staff attorney for the California Department of Fair Employment and Housing, prosecuting discrimination cases, and was the founding director of the Berkeley Law Employment Discrimination Clinic. In addition to Berkeley Law, he has taught at the University of San Francisco, Golden Gate University (where he served as Associate Dean), the University of Paris (Sorbonne-Pantheon), the University of Bologna, LUMSA University Roma, and the Paris Institute of Political Science (“Sciences Po”).

Professor Oppenheimer has presented scholarly papers on discrimination law at many universities, including Berkeley, Harvard, Yale, Stanford, Columbia, Duke, Oxford, the Paris Institute of Political Science, the University of Heidelberg, Humboldt University Berlin, the Sorbonne, the University of Stockholm, the University of Melbourne, Trinity College Dublin, the University of New South Wales, the University of Buenos Aires, and Hong Kong University, and at the annual meetings of the Association of American Law Schools, the American Political Science Association and the International Academy of Comparative Law. He has published articles on discrimination law in the Pennsylvania Law Review, the Cornell Law Review, the Columbia Journal of Human Rights Law, the Berkeley Women’s Law Journal, the Harvard Latinx Law Review, the Berkeley Journal of Employment and Labor Law, Droit et Cultures, and many others.

Professor Oppenheimer is the author of The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality: A Comparative Global Perspective (Brill 2019), a co-author of the casebook Comparative Equality & Anti-Discrimination Law (3d ed. Edward Elgar 2020), a co-editor of Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law: Challenges and Innovative Tools (Springer 2018), and the co-author of several sets of teaching materials, including Patt v. Donner: A Simulated Casefile for Learning Civil Procedure (2d ed. Foundation Press 2019) and the trial advocacy case file Rowe v. Pacific Quad (6th ed. 2019 NITA). He was a contributor to MacKinnon and Siegel’s Directions in Sexual Harassment Law (Yale University Press 2003), Guiomard and Robin-Olivier’s Diversite et discriminations raciales: une perspective transatlantique (Dalloz 2009), and Friedman’s Employment Discrimination Stories (Foundation Press 2006). His co-authored book, Whitewashing Race: The Myth of a Color-Blind Society (with M. Brown, M. Carnoy, E. Currie, T. Duster, M. Schultz and D. Wellman) (University of California Press 2003) won the 2004 Benjamin L. Hooks outstanding book award.

He teaches Civil Procedure, Evidence, and Comparative Equality & Anti-Discrimination Law.

Education

B.A., University without Walls (Berkeley) (1972)
J.D., Harvard Law School (1978)


David Oppenheimer is not teaching any Law courses in Spring 2023.


Courses During Other Semesters

SemesterCourse NumCourse Titlelock Teaching Evaluations
Spring 2022 241 sec. 001EvidenceView Teaching Evaluation
 264.51 sec. 001Comparative Equality Practicum SeminarView Teaching Evaluation
 264.52 sec. 001Comparative Equality PracticumView Teaching Evaluation
Hearing participants at tables with microphones

Faculty, Students Help Bring U.S. Law Enforcement Killing to International Stage for First Time

The Inter-American Commission on Human Rights recently considered the 2010 fatal beating of Anastasio Hernandez Rojas, thanks to years of work from the International Human Rights Law Clinic. 

Boston Globe logo

OpEd: Harvard president Abbott Lowell is laughing at us again

“Lowell claimed 1920s Jewish quota was intended to increase diversity by avoiding concentrations of Northeastern city dwellers,” writes David B. Oppenheimer, law professor at Berkeley Law and James N. Bierman, a former assistant dean of admissions at Harvard Law School and a lawyer in the District of Columbia. “As the Supreme Court plans to take up affirmative action, his policies are being cited in an effort to keep Black and Latino students out of Harvard.”

 

 

 

UNILAD icon

Former Tesla Worker Rejects $15 Million Payout

Professor David Oppenheimer, faculty director of the Berkeley Center on Comparative Equality & Anti-Discrimination Law, says the lawsuit was the “largest verdict in an individual race discrimination in employment case.”

ANNABELLE WILMOTT ’22, ELARIA YOUSSEF ’22, CHEYENNE SMITH ’22

The Power of Pro Bono: A Berkeley Law Photo Essay

Students logged more than 28,000 collective pro bono hours last year, and about 95% of 1Ls have done pro bono work this year.

The Mercury News logo

Tesla racism case award cut to $15 million from $137 million

Professor David Oppenheimer discusses the Tesla racial discrimination case and says the judge wrote a very careful opinion that will make it hard for Tesla to appeal

Bloomberg icon

Activision, Monster Face Gender-Diversity Deadline as Court Weighs In

Professor David Oppenheimer, Director of the Berkeley Center on Comparative Equality and Anti-Discrimination Law,  comments on the Activision Blizzard Inc. and Monster Beverage Corp. case and says California courts will likely uphold the gender mandate since these laws have become commonplace in much of the world

Bloomberg icon

Tesla Ordered to Pay $137 Million Over Racism in Rare Verdict

Professor David Oppenheimer, Director of the Berkeley Center on Comparative Equality and Anti-Discrimination Law,  says he believes the decision in Diaz v. Tesla case is the largest verdict in an individual race discrimination in employment case

Bloomberg icon

Rare Tesla Bias Trial Caps Years of Racism Complaints at Plant

Professor David Oppenheimer, Director of the Berkeley Center on Comparative Equality and Anti-Discrimination Law, explains why racial-discrimination suits like the one Owen Diaz is bringing to trial against Tesla, usually don’t make it to trial

Can Affirmative Action Survive?

Professor David Oppenheimer discusses affirmative action and his work on the origins of the diversity justification for it

law360

Will Rush Of Suits Opposing Race-Based Virus Aid Bear Fruit?

Professor David Oppenheimer, director of the Berkeley Center on Comparative Equality and Anti-Discrimination Law, says bigotry, unconscious bias and systemic racism have long manifested themselves in the relationships minority farmers have with banks, seed companies and equipment wholesalers

From Economics to History, Recent Books Showcase Depth and Breadth of Faculty Scholarship

Fifteen books published in 2019 and 2020 were highlighted at a recent event, including work by Ian Haney López, Franklin Zimring, and Dean Erwin Chemerinsky. 

Rapid Reaction: Hosted at Berkeley Law, New Global Course Amplifies COVID-19’s Jarring Inequalities

Serving more than 125 students from 14 countries, the course probed the many ways in which the pandemic has undermined equality across the world.

Catharine MacKinnon

#MeToo Conference Draws Packed Crowd and Panelists from Around the World

The Berkeley Law event assessed the movement’s progress and identified strategies for combating sexual harassment and violence.

Roxanna Amador (center) with fellow CYDL students Jordan Green and Taliah Long before their mock trial.

Program Expands Access to Law for Disadvantaged High School Students

The program provides paid law-related internships and classes that integrate a legal curriculum with life and leadership skills.

Catharine MacKinnon

Monitoring #MeToo: Unique Event Tracks Sexual Harassment Worldwide

At a recent Berkeley Law conference, managers, lawyers, scholars, and HR professionals discuss the movement’s global progress and challenges.

Judge Thelton Henderson

Renowned Judge Thelton Henderson ’62 Returns to Berkeley to Work with Students

After 37 years on the federal bench, Henderson takes on a new role as a distinguished visitor.

admitted students weekend

A Real Eye-opening Experience

While educators by trade, the faculty who serve on Berkeley Law’s Admissions Committee spend a lot of time learning.

CYDL

Law Program Delivers Valuable Training to Disadvantaged Teens

Internships and classes at Berkeley Law offer meaningful experience and integrate a legal curriculum with life skills and leadership development activities.

Berkeley Law
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