Faculty Feature: Professor Darien Shanske
Professor Darien Shanske is an expert on taxation, local government law, public finance, and political theory. He takes an exceptionally long view of jurisprudence, informed by his scholarship on ancient Athens. In addition to his J.D. from Stanford Law School, he holds a Ph.D. from UC Berkeley in rhetoric, an M.A. from McGill University in philosophy, and a B.A. from Columbia University in philosophy and history. Before becoming a professor, he worked as a financial consultant to California local governments and as an attorney in the public finance department of Sidley Austin in San Francisco before clerking for Judge Pierre N. Leval of the United States Court of Appeals for the Second Circuit.
Why should every lawyer take a class, such as jurisprudence, which pushes them to take a broader perspective on law?
When I teach Athenian legal theory, our primary question is how the Athenian legal system worked given that this was an ancient city of 250,000 people that thrived for about 180 years. It is obvious that somehow the Athenians must have organized ways of living together that permitted a lot of people to live reasonably well. We have a system that has been able to serve — if imperfectly — over 300 million people and for over 200 years. And so we should view the legal system we are a part of as a vast accomplishment, one that operates in the background of so many others. Business needs contract law, science needs patents, etc. And so if one is going to work as part of this extraordinary collective project, then one should take a moment to think about what we are doing and how we might make it better — or at least not worse. There has rarely been a better time to do this.
How did you become interested in taxation and local government?
I am drawn to practical things that can have big impacts. I wish I could contribute to curing disease but that is not my strength. Thinking about a fair and efficient way to pay for other people to do fundamental research — and to distribute the benefits of their discoveries — that is something it turns out that I can do and enjoy doing. Similarly, thinking about appropriate ways to decentralize power so that communities can pursue their own desires without falling into narrow parochialism is a wonderful and important challenge.
What drew you to academia?
I loved research and writing even before I went to college. While there, my interest in those pursuits only deepened. I did not know whether or not I would like teaching. I then taught a lot as a grad student and thought it was great. In fact, I found that an incredible symbiosis happens when you teach something you love to think about anyway to smart students.
What would your students be surprised to learn about you?
I am not sure. I don’t think they’d be surprised that I am a big dork.
What do you most enjoy about teaching?
I like many aspects of it, and already mentioned one, but I will highlight another. For some reason, tax does not have a great reputation and so introducing students to an important and rewarding area of practice, and one central to our communal lives together, is very rewarding.
Do you have any hobbies?
Yes and no. I don’t think chauffeuring my kids around town is a hobby. I don’t want to say I have no real hobbies because that’s sad. I do, in fact, enjoy lots of things: swimming, cross-country skiing, opera, wine. The thing is that I am not very good — or that knowledgeable — about any of these pursuits, but I like them anyway.
Of what are you proudest?
As a teacher, I am quite proud of the fact that some of my students have found satisfying careers in tax or local government even though they did not know about such jobs when they came to law school.
As a researcher, I am proud that a handful of times I have helped move good ideas forward. States and localities are governed by balanced budget rules and so it is a zero sum game. You can’t fund something good (like universal Pre-K) if you don’t find a revenue source. If the revenue source is regressive or inefficient, then the fact that the revenue is well spent is only a qualified win. If the revenue source is fair and efficient and being used to do good, then that is just a win, and I have played a small part in making that happen a few times.
Do you have one piece of advice for King Hall law students?
I have lots of little advice that I am happy to give anyone who asks. One piece of cliché big advice is to accept that there will be many twists and outright setbacks in your legal careers, including in law school, but law is capacious and if you keep your mind open and stick with it, then you will find a practice that works for you. I would also add that I think that the advent of AI and the current crisis only underscore the need for human and humane intelligence. I would lean into that.
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