Jonathan Shaub
Norman & Carole Harned Associate Professor of Law and Public Policy
Professor Jonathan David Shaub serves as the Norman & Carole Harned Associate Professor of Law & Public Policy. Shaub’s research focuses on executive privilege, presidential power, government accountability, and congressional oversight. At Rosenberg College of Law, he teaches courses in constitutional law and federal courts, and he offers a seminar on executive power. Shaub’s scholarship has been published or is forthcoming in, among other places, the Virginia Law Review, Washington University Law Review, Indiana Law Journal, Constitutional Commentary, and Duke Law Journal. He is a leading expert on executive privilege, and his work in that area has made significant contributions both to scholarship on executive privilege and to the practice of congressional oversight. Shaub’s scholarship received the 2024 Levin Center prize for excellence in oversight research, and he received the 2025 Robert M. and Joanne K. Duncan Faculty Teaching Award in recognition of his teaching.
From 2023-25, Shaub served in a part-time capacity in the White House Counsel’s Office as a Senior Associate Counsel to the President and he previously served as an Attorney-Adviser in the Office of Legal Counsel at the U.S. Department of Justice. He has provided expert commentary to the New York Times, Bloomberg News, the Wall Street Journal, Reuters, the Washington Post, CNN, and Time, among other places, and appeared as a guest on NPR’s “Weekend Edition” and “Morning Edition.” Shaub’s legal commentary has been published in The Atlantic and appears regularly on Lawfare, where he serves as a contributing editor.
Prior to entering academia, Shaub spent a year as a Bristow Fellow in the U.S. Solicitor General’s Office, worked in the Supreme Court & Appellate Group at Hogan Lovells, and litigated cases in the U.S. Supreme Court, U.S. Court of Appeals for the Sixth Circuit, and Tennessee Supreme Court as Assistant Solicitor General for the State of Tennessee. After law school Shaub clerked for the Honorable Paul V. Niemeyer on the U.S. Court of Appeals for the Fourth Circuit.
Shaub earned his law degree from Northwestern Pritzker School of Law and his B.A. in Philosophy and Religious Studies from Vanderbilt University. He also holds an M.A. in creative writing from Belmont University. At Vanderbilt, Shaub played safety for Commodores’ football team (though he managed only a 1-2 record against Kentucky). As a faculty member, he wishes to honor his late grandfather, Dr. Joseph C. Ross, an alumnus and lifetime supporter of the University of Kentucky.
Specialties
- Constitutional Law
- Civil Rights
- First Amendment
- Federal Jurisdiction
- Supreme Court
- Congressional Oversight
- Presidential Power
The Executive's Privilege, 70 Duke Law Journal, 70 Duke L.J. 1 (2020)”
Expatriation Restored, 55 Harv. J. Legis. 363 (2018)
Delegation Enforcement by State Attorneys General, 52 U. Rich. L. Rev. 653 (2018)
Children’s Freedom of Speech and Expressive Maturity, 36 Law & Psychol. Rev. 191 (2012)
A Positive Theory and Empirical Analysis of Strategic Word Choice in District Court Opinions,
4 J. Legal Analysis 407 (2012) (with Rachael Hinkle, Andrew Martin, & Emerson Tiller)
A Foucauldian Call for the Archaeological Excavation of Discourse in the Post-Boumediene Habeas Litigation, 105 Nw. U. L. Rev. 869 (2011)
"The D.C. Circuit Got History Wrong in its McGahn Decision," Lawfare, https://www.lawfareblog.com/dc-circuit-got-history-wrong-its-mcgahn-decision
“Executive Privilege Should Have No Power When It Comes to an Impeachment,” The Atlantic, https://www.theatlantic.com/ideas/archive/2019/11/no-executive-privilege-in-impeachment/602044
“The Prophylactic Executive Privilege,” Lawfare, https://www.lawfareblog.com/prophylactic-executive-privilege
“Testimonial Immunity, Executive Privilege and the President’s Authority Over Former Officials,” Lawfare, https://www.lawfareblog.com/testimonial-immunity-executive-privilege-and-presidents-authority-over-former-officials
“What Is a ‘Protective’ Assertion of Executive Privilege?” Lawfare, https://www.lawfareblog.com/what-protective-assertion-executive-privilege
“Executive Privilege and Compelled Testimony of Presidential Advisers: Don McGahn’s Dilemma,” Lawfare, https://www.lawfareblog.com/executive-privilege-and-compelled-testimony-presidential-advisers-don-mcgahns-dilemma
“‘Masters from Two Equal Branches of Government’: Trump and Congress Play Hardball,” Lawfare, https://www.lawfareblog.com/masters-two-equal-branches-government-trump-and-congress-play-hardball
“Hoda Muthana and Shamima Begum: Citizenship & Expatriation in the U.S. and U.K.,” Lawfare, https://www.lawfareblog.com/hoda-muthana-and-shamima-begum-citizenship-and-expatriation-us-and-uk
Links
- SSRN
- Scholars@UK
- shaub.jonathan_cv_2024.pdf (201.15 KB)