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Aaron Tang

Professor of Law


J.D. Stanford Law School 2011

B.A. Political Science, Yale University 2005, summa cum laude


Aaron Tang’s teaching and research interests include constitutional law, federal courts, and education law. His recent articles have appeared in the Stanford Law ReviewColumbia Law Review, New York University Law ReviewUniversity of Pennsylvania Law Review, California Law Review, and Virginia Law Review, among other journals. His article Rethinking Political Power in Judicial Review won the American Association of Law Schools 2018 Scholarly Paper Competition.  Tang also writes about the Supreme Court for broader audiences.  His essays have appeared in The New York Times, The Washington Post, The Los Angeles TimesThe AtlanticSlateSalon, and elsewhere.

Tang graduated summa cum laude from Yale University in 2005 with a bachelor's degree in Political Science. After graduation, he worked as a youth organizer and a middle school teacher in St. Louis, Missouri. He then earned his J.D. from Stanford Law School.  Tang clerked for Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and Associate Justice Sonia Sotomayor of the United States Supreme Court. He was an associate for Jones Day in Washington, D.C., immediately before joining the UC Davis law faculty.

Subject Areas

Constitutional Law, Education Law, Federal Courts, First Amendment (See Also Constitutional Law), Labor Law, Supreme Court, Appellate Advocacy

Selected Career Highlights

  • Associate at Jones Day, Washington, DC, 2014-2016
  • Law Clerk to Associate Justice Sonia Sotomayor, U.S. Supreme Court, 2013-2014
  • Law Clerk to Judge J. Harvie Wilkinson III, U.S. Court of Appeals for the Fourth Circuit, 2012-2013
  • Associate Fellow, Stanford Law School Constitutional Law Center, 2011-2012
  • Associate at Goldstein & Russell, P.C., Washington, DC, 2011-2012

Selected Publications

Harm-Avoider Constitutionalism, 109 Cal. L. Rev. ___ (forthcoming 2021)

How Do Judges Decide School Finance Cases?, 97 Wash. U. L. Rev. 1047 (2020) (with Ethan Hutt and Daniel Klasik)

Life After Janus, 119 Colum. L. Rev. 677 (2019)

School Vouchers, Special Education, and the Supreme Court, 167 Pa. L. Rev. 337 (2019)

Can Unions Be Sued for Following the Law?, 132 Harv. L. Rev. F. 24 (2018) (with Fred Smith)

Rethinking Political Power in Judicial Review, 106. Cal. L. Rev. 1755 (2018)

Whose Money Is It Anyway: Have We Been Wrong About Agency Fees All Along?, 131 Harv. L. Rev. F. 154 (2018)

Reverse Political Process Theory, 70 Vand. L. Rev. 1427 (2017)

Public Sector Unions, the First Amendment, and the Costs of Collective Bargaining, 91 N.Y.U. L. Rev. (2016)

Double Immunity, 65 Stan. L. Rev. 279 (2013)

The New Education Malpractice Litigation, 99 Va. L. Rev. 419 (2013) (with Ethan Hutt)

The Ethics of Opposing Certiorari in the Supreme Court, 35 Harv. J.L. & Pub. Pol’y 933 (2012)

Privileges & Immunities, Public Education, & the Case for Public School Choice, 79 Geo. Wash. L. Rev. 1103 (2011)

Broken Systems, Broken Duties: A New Theory for School Finance Litigation, 94 Marq. L. Rev. 1195 (2011)