David Benjamin Oppenheimer

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David B. Oppenheimer is a Clinical Professor of Law at Berkeley Law. [1] He serves as the Director of the Berkeley Center on Comparative Equality and Anti-Discrimination Law and the Faculty Co-Director of the pro bono program. [2] [3] [4] He is the author of ten books on civil rights and discrimination law, including the first law school casebook in comparative equality law. [5] [6] [7]

Contents

Personal life

Oppenheimer attended the New Lincoln School in New York City. [8]  He attended a number of universities and graduated from the University Without Walls in 1972 with a degree in political science, [1] [9] [10] [11] and from Harvard Law School in 1978. [1] He is married to Marcy Diane Kates and has two step-children and 5 grandchildren. [12] His brother Michael F. Oppenheimer is a professor at New York University. [13] His Sister Amy J. Oppenheimer is the senior partner of a law firm in Berkeley California (Oppenheimer Investigations Group) and a playwright/actress. [14] [15]

Oppenheimer believes “the cause of racial justice is responsible for his existence.” [16] His grandparents Harry Centennial Oppenheimer and Amy Vorhaus Oppenheimer were troubled by the 1915 release of "The Birth of a Nation" so they independently reached out to Booker T. Washington, who then introduced them to each other. [16]

Career

Oppenheimer graduated from Harvard Law School where he was a research assistant to Laurence Tribe. [1] [17] Following graduation in 1978, Oppenheimer clerked for the Chief Justice of California, Rose Elizabeth Bird. [18] [10] [19] [20] [21] [22] [11] He then went to work as a civil rights prosecutor for the California Department of Fair Employment and Housing handling discrimination cases. [21] [18] In 1982, he founded the Boalt Hall employment discrimination clinic, serving as its Director. [23] [10] [11] He moved to the University of San Francisco and then Golden Gate University, where he served as the Associate Dean. [22] [18] [10] [20] He returned to Berkeley Law in 2009 as Clinical Professor of Law and Director of Professional Skills. [24] [21] [25] He has served as a visiting professor at Sciences Po Paris, University of Paris I, University of Paris X, Queen Mary University of London, University College London, University of Bologna, and LUMSA Rome. [26]

Oppenheimer is a member of the American Law Institute and the advisory committee of the European Union Rewiring project on gender equality. [27] [12] He is a former board member of the ACLU of Northern California, Bay Area Lawyers Committee for Civil Rights, and Equal Rights Advocates. [28] [29] [30] [31] [26] He is a member of the US Supreme Court Bar and California State Bar. [32] [33]

Expertise

Oppenheimer is best known for his expertise and publications on comparative discrimination law and U.S. civil rights history, including the origins of diversity policies. [16] [34] [35] [36] In The New Yorker magazine, he was described as the “diversity detective” for his historical accounts of the origins of the diversity justification for affirmative action. [16] He has written for numerous news sources including the Los Angeles Times, The National Law Journal, San Francisco Chronicle, and San Francisco Examiner. [37] [38] [39] [40]

Oppenheimer has litigated sexual harassment, pay equity and other forms of sex discrimination cases, as well as race, ethnicity, disability, religious, and age discrimination. He has filed amicus curiae briefs in the California, United States and Japanese Supreme Courts and in the Inter-American Commission on Human Rights (regarding the fatal beating of Anastasio Hernandez Rojas by U.S. border agents). [41] [42] [43] In the U.S. Supreme Court he served as counsel for amicus curiae National Employment Lawyers Association in Burlington Industries v. Ellerth and for a group of U.S. law school deans in support of the Students for Fair Admissions case v Harvard University and the University of North Carolina. [44] [41]

Berkeley Center on Comparative Equality

In 2011, Oppenheimer founded the Berkeley Center on Comparative Equality and Anti-Discrimination Law, which includes over 1000 scholars, advocates, and activists from every continent except Antarctica. [2] Under his direction, the center has facilitated the publication of webinars, books, and conferences by bringing together scholars and advocates from around the world focused on equality law. [2] The Center has developed online multi-university courses on equality law with universities around the globe. [45] [46] The Center works on a variety of issues including climate equality, digital equality, disability rights, global systemic racism, gender-based harassment and violence, equity and criminal justice, LGBTQI rights, intersectional class discrimination, and pay equity. [47] With the Center, Oppenheimer has organized conferences with legal experts on gender discrimination, harassment, and violence. [48] Oppenheimer also mentors young scholars and students at Berkeley and around the globe. [3] [21] [24] [31]

Scholarship

Oppenheimer has written 10 books as well as scores of scholarly papers and articles. His work focuses on U.S. civil rights history, racism, anti-discrimination law, and comparative equality law. [49] His co-authored book Comparative Equality & Anti-Discrimination Law: Cases, Codes, Constitutions & Commentary is the first U.S. textbook on comparative anti-discrimination law. [6] [5] His article Negligent Discrimination in the Pennsylvania Law Review is regarded as part of the established canon for discrimination law. [50] His co-authored Whitewashing Race: The Myth of a Color-Blind Society, won the 2004 Benjamin L. Hooks outstanding book award. [51] [52]

Related Research Articles

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Affirmative action refers to a set of policies and practices within a government or organization seeking to benefit marginalized groups. Historically and internationally, support for affirmative action has been justified by the idea that it may help with bridging inequalities in employment and pay, increasing access to education, and promoting diversity, social equity and redressing alleged wrongs, harms, or hindrances, also called substantive equality.

Racial quotas in employment and education are numerical requirements or quotas for hiring, promoting, admitting and/or graduating members of a particular racial group. Racial quotas are often established as means of diminishing racial discrimination, addressing under-representation and evident racism against those racial groups or, the opposite, against the disadvantaged majority group. Conversely, quotas have also been used historically to promote discrimination against minority groups by limiting access to influential institutions in employment and education.

<span class="mw-page-title-main">Ward Connerly</span> American political activist and businessman (born 1939)

Wardell Anthony "Ward" Connerly is an American political and anti-affirmative action activist, businessman, and former University of California Regent (1993–2005). He is also the founder and the chairman of the American Civil Rights Institute, a national non-profit organization in opposition to racial and gender preferences, and is the president of Californians for Equal Rights, a non-profit organization active in the state of California with a similar mission. He is considered to be the man behind California's Proposition 209 prohibiting race- and gender-based preferences in state hiring, contracting and state university admissions, a program known as affirmative action.

<span class="mw-page-title-main">1996 California Proposition 209</span> Referendum banning affirmative action

Proposition 209 is a California ballot proposition which, upon approval in November 1996, amended the state constitution to prohibit state governmental institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education. Modeled on the Civil Rights Act of 1964, the California Civil Rights Initiative was authored by two California academics, Glynn Custred and Tom Wood. It was the first electoral test of affirmative action policies in North America. It passed with 55% in favor to 45% opposed, thereby banning affirmative action in the state's public sector.

Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses and allowances. Some countries have moved faster than others in addressing equal pay.

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Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.

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<span class="mw-page-title-main">Affirmative action in the United States</span>

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<span class="mw-page-title-main">LGBT rights in California</span>

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<span class="mw-page-title-main">LGBT employment discrimination in the United States</span>

LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.

Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023), is a landmark decision of the Supreme Court of the United States in which the court held that race-based affirmative action programs in college admissions processes violate the Equal Protection Clause of the Fourteenth Amendment. With its companion case, Students for Fair Admissions v. University of North Carolina, the Supreme Court effectively overruled Grutter v. Bollinger (2003) and Regents of the University of California v. Bakke (1978), which validated some affirmative action in college admissions provided that race had a limited role in decisions.

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<span class="mw-page-title-main">Substantive equality</span> Concept of equality of outcome for groups

Substantive equality is a substantive law on human rights that is concerned with equality of outcome for disadvantaged and marginalized people and groups and generally all subgroups in society. Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing systemic discrimination.

<span class="mw-page-title-main">2020 California Proposition 16</span> Measure to undo the states ban on affirmative action

Proposition 16 is a California ballot proposition that appeared on the November 3, 2020, general election ballot, asking California voters to amend the Constitution of California to repeal Proposition 209 (1996). Proposition 209 amended the state constitution to prohibit government institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education. Therefore, Proposition 209 banned the use of race- and gender-based affirmative action in California's public sector.

<span class="mw-page-title-main">Diversity, equity, and inclusion</span> Organizational framework

Diversity, equity, and inclusion (DEI) are organizational frameworks which seek to promote the fair treatment and full participation of all people, particularly groups who have historically been underrepresented or subject to discrimination on the basis of identity or disability. These three notions together represent "three closely linked values" which organizations seek to institutionalize through DEI frameworks. The concepts predate this terminology and other variations include diversity, equity, inclusion and belonging (DEIB), inclusion and diversity (I&D), justice, equity, diversity and inclusion, or diversity, equity, inclusion and accessibility.

References

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  2. 1 2 3 "About Us". Berkeley Law. Retrieved 2024-08-13.
  3. 1 2 "The Power of Pro Bono". Berkeley Law | Transcript Magazine. 2022-03-21. Retrieved 2024-08-13.
  4. ↑ Lawyers, Best (2018-10-12). "Inside Berkeley Law's Pro Bono Program". Best Lawyers. Retrieved 2024-08-13.
  5. 1 2 "Oppenheimer, Leiwant,and Wheeler's Patt v. Donner: A Simulated Casefile for Learning Civil Procedure, 2d". www.civilprocedurecasefile.com. Retrieved 2024-08-13.
  6. 1 2 "Comparative Equality and Anti-Discrimination Law, Third Edition". www.e-elgar.com. Retrieved 2024-08-13.
  7. ↑ "Berkeley Law Library".
  8. ↑ Lindsey, Kelsey. "Vernell McCarroll Oliver, (1922 - 2012) - ForeverMissed.com Online Memorials". www.forevermissed.com. Retrieved 2024-08-13.
  9. ↑ "Recent Faculty Scholarship 2023 by Berkeley Law - Issuu". issuu.com. 2023-09-27. Retrieved 2024-08-13.
  10. 1 2 3 4 Chavez, Lydia. The Color Bind. UNIVERSITY OF CALIFORNIA PRESS. p. 78.
  11. 1 2 3 "Caveat, November 1993". Caveat.
  12. 1 2 Institute, The American Law. "Members". American Law Institute. Retrieved 2024-08-13.
  13. ↑ "Michael F Oppenheimer". sps.nyu.edu. Retrieved 2024-08-13.
  14. ↑ "Amy Oppenheimer". Oppenheimer Investigations Group LLP. Retrieved 2024-08-13.
  15. ↑ Floyd, Thomas (2024-07-10). "This lawyer is returning to the stage after five decades away". Washington Post. ISSN   0190-8286 . Retrieved 2024-08-13.
  16. 1 2 3 4 Lemann, Nicholas (2021-07-26). "Can Affirmative Action Survive?". The New Yorker. ISSN   0028-792X . Retrieved 2024-08-13.
  17. ↑ Tribe, Laurence (January 1, 2000). American Constitutional Law, 3d (University Treatise Series). Foundation Press.
  18. 1 2 3 "What's New in the Workplace?" (PDF). Employment Law. June 2002.
  19. ↑ Peppers, Todd C. (2021-02-02). Of Courtiers and Princes: Stories of Lower Court Clerks and Their Judges. University of Virginia Press. ISBN   978-0-8139-4460-9.
  20. 1 2 Oppenheimer, David Benjamin (1988-04-28). "In Public Life, First-Name Familiarity Isn't Always Affectionate". Los Angeles Times. Retrieved 2024-08-13.
  21. 1 2 3 4 "Professional Skills Program to Become Larger Part of Curriculum". Berkeley Law. 2009-09-02. Retrieved 2024-08-13.
  22. 1 2 "Class Action, Spring 1993". Class Action. 10: 5. Spring 1993.
  23. ↑ Oppenheimer, David Benjamin (1985). Oppenheimer, David Benjamin (ed.). "Forum - Boalt Hall's Employment Discrimination Clinic: A Model for Law School/Government Cooperation in Integrating Substance and Practice". Berkeley Journal of Employment & Labor Law. doi:10.15779/Z38Z03X.
  24. 1 2 Oppenheimer, David; Schechter, Susan; Swaroop, Shalini; Keady, Trish (2013). "Berkeley Law's Student-Initiated Legal Services Projects". Journal of Legal Education. 62 (4): 621–630. ISSN   0022-2208. JSTOR   42894316.
  25. ↑ "CAP - David B. Oppenheimer". cap-press.com. Retrieved 2024-08-13.
  26. 1 2 "Who We Are". Comparative Equality. Retrieved 2024-08-13.
  27. ↑ "RE-WIRING on LinkedIn: #rewiringinstitutions #transformativeequality #inclusivesociety". www.linkedin.com. Retrieved 2024-08-13.
  28. ↑ "David B. Oppenheimer | ACLU of Northern CA". www.aclunc.org. Retrieved 2024-08-13.
  29. ↑ "ACLU NEWS Newspaper of the American Civil Liberties Union of Northern California" (PDF). 2000.
  30. ↑ "Members". LCCRSF. Retrieved 2024-08-13.
  31. 1 2 "Caveat, November 1993". Caveat (203): 6. November 1993.
  32. ↑ "David Oppenheimer". www.edx.org. Retrieved 2024-08-13.
  33. ↑ "David Benjamin Oppenheimer # 83902 - Attorney Licensee Search". apps.calbar.ca.gov. Retrieved 2024-08-13.
  34. ↑ Oppenheimer, David B.; Bierman, James. "Harvard president Abbott Lowell is laughing at us again - The Boston Globe". BostonGlobe.com. Retrieved 2024-08-13.
  35. ↑ "Activision, Monster Face Gender-Diversity Deadline as Court Weighs In". Bloomberg.com. 2021-12-01. Retrieved 2024-08-13.
  36. ↑ "The South African Sources of the Diversity Justification for U.S. Affirmative Action". California Law Review. Retrieved 2024-08-13.
  37. ↑ Oppenheimer, David B. (2013-03-30). "King's Easter epistle on civil disobedience". Los Angeles Times. Retrieved 2024-08-13.
  38. ↑ "Facts are essential". National Law Journal. Retrieved 2024-08-13.
  39. ↑ Oppenheimer, David (Nov 18, 2005). "Color-blind equality? / A U.S. solution to what ails France -- affirmative action". San Francisco Chronicle.
  40. ↑ "Aug 24, 1997, page 61 - The San Francisco Examiner at San Francisco Examiner". Newspapers.com. Retrieved 2024-08-13.
  41. 1 2 https://www.supremecourt.gov/DocketPDF/20/20-1199/232454/20220801155734670_20-1199%2021-707%20bsac%20Deans%20Of%20U.S.%20Law%20Schools.pdfA.pdf
  42. ↑ "California Courts - Appellate Court Case Information". appellatecases.courtinfo.ca.gov. Retrieved 2024-08-13.
  43. ↑ "Fighting for justice at the border". Berkeley Law. 2022-11-10. Retrieved 2024-08-13.
  44. ↑ https://tile.loc.gov/storage-services/service/ll/usrep/usrep524/usrep524742/usrep524742.pdf
  45. ↑ "Rapid Reaction: Hosted at Berkeley Law, New Global Course Amplifies COVID-19's Jarring Inequalities". Berkeley Law. 2020-12-14. Retrieved 2024-08-13.
  46. ↑ "Teaching Law Across Six Continents". Journal of Legal Education. 72 (1). 28 Mar 2024. SSRN   4771258.
  47. ↑ "Our Working Groups". Berkeley Law. Retrieved 2024-08-13.
  48. ↑ "Alumni experts pursue enduring solutions for gender-related mistreatment". Berkeley Law. 2024-01-09. Retrieved 2024-08-13.
  49. ↑ "David Oppenheimer | Global Alliance for Justice Education" . Retrieved 2024-08-13.
  50. ↑ Oppenheimer, David (1992). "Negligent Discrimination". University of Pennsylvania Law Review. 141: 899–972. doi:10.2307/3312446. JSTOR   3312446. SSRN   2737701.
  51. ↑ "Confronting Inequalities | School of Social Ecology". socialecology.uci.edu. Retrieved 2024-08-13.
  52. ↑ https://www.ucpress.edu/book/9780520385863/whitewashing-race
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