Michael Schaps

Michael Schaps

Mr. Schaps is a general civil litigator in Davis, California. He is a graduate of Berkeley Law.
After law school, Mr. Schaps clerked for Chief Judge David F. Levi of the United States District Court for the Eastern District of California in Sacramento and for Judge Pamela Ann Rymer of the United States Court of Appeals for the Ninth Circuit in Pasadena.
Mr. Schaps then spent five years practicing commercial litigation at law firms in San Francisco and Sacramento, where he worked on a broad range of civil cases in federal and state trial and appellate courts across the country.
Mr. Schaps has taught negotiation courses at U.C. Davis School of Law, where he is slated to teach a course on starting a solo law practice.

Columns by Michael Schaps

Two Big Legal Misconceptions That Have Recently Arisen in the Presidential Race

Illinois Law dean Vikram David Amar and California civil litigation attorney Michael Schaps address two common misconceptions about the relationship between criminal law and politics that recently arose in the presidential race. Amar and Schaps explain first why the presumption of innocence does not apply to politics, and second, why the president actually does have the power to order prosecutions.

How Should Courts Evaluate a Treatment Decision by a Government Doctor That Takes into Account the Patient’s Race? The Ninth Circuit Doesn’t Quite Get Things Right

Vikram David Amar, law professor and dean at Illinois Law, and Michael Schaps, a California civil litigation attorney, critique a recent decision by the U.S. Court of Appeals for the Ninth Circuit considering whether and when a government physician can take into account a patient’s race. Amar and Schaps argue that the court’s analysis is internally consistent and legally flawed, as well.

How One Might Have Answered Justice Scalia’s Questions (About the Mismatch Theory) at Oral Argument in the Fisher Case

Vikram David Amar, law professor and dean at Illinois Law, and Michael Schaps, a California civil litigation attorney, discuss Justice Scalia’s provocative comments during last week’s oral argument in Fisher v. University of Texas. Amar and Schaps point out that viewed in the most charitable light, Justice Scalia’s comments are actually an attempt to articulate an academic theory—known as mismatch theory—not simply bare racism. Though the authors are not persuaded of mismatch theory, they critique Scalia’s assumption that truth of the theory would compel the abolition of affirmative action altogether.

When Does Congress’s Recognition of an Injury Count to the Supreme Court? Standing and the Spokeo v. Robins Case

Vikram David Amar, law professor and dean at Illinois Law, and Michael Schaps, a California civil litigation attorney, discuss Spokeo v. Robins, in which the U.S. Supreme Court will consider the nature of injury required for a plaintiff to avail herself of the federal court system. Specifically, Amar and Schaps describe the justices’ various perspectives on the issue and the possible origins and significance of these perspectives.