Committed to the pursuit of academic excellence, the University of San Diego School of Law's faculty is recognized nationally for their scholarly impact.
- Ranked 17th nationally in number of times faculty manuscripts were downloaded from the Social Science Research Network (SSRN) over a 12 month period.
- Ranked 22nd in scholarly reputation on survey of leading academics.
- Ranked 27th in scholarly impact based on mean per capita citation rates.
USD's community of scholars author leading casebooks and treatises, scholarly monographs published by the finest university presses and influential articles in the nation's leading law reviews. Faculty members come from diverse personal, professional and academic backgrounds and include numerous former judicial clerks, practitioners from the private and public sectors as well as both sitting and former judges.
Click on any faculty member name below to view recent scholarship.
Abrams publications include Federal Income Taxation of Corporations and Partnerships, 5th Ed. , 5th Ed. (with Doernberg and Leatherman) (Wolters Kluwer Law & Business/Aspen Casebook Series, 2014); Federal Corporate Taxation, 7th Ed. (with Doernberg and Leatherman) (Foundation Press, 2013); Disregarded Entities, 2nd Ed. (with Witt) (704-2 BBNA Tax Management Portfolio Series, 2012); “Partnership Book-Ups” in 127 Tax Notes 435 (2010); and “Partnership COD Income and Other Debt Issues” in 126 Tax Notes 845 (2010).
Alexander, Lawrence A.
Alexander publications include Ignorance as a Legal Excuse (forthcoming 2014); “Making Retributive Justice Compatible with Distributive Justice: Difficult or Impossible” in Oxford Handbook of Distributive Justice (forthcoming 2014); The Means Principle (forthcoming 2014); “Did Casey Strikeout? Following and Overruling Constitutional Precedents in the Supreme Court” in Precedent in the United States Supreme Court (Peters, ed.) (Spinger, 2013); and Crime and Culpability: A Theory of Criminal Law (with Ferzan) (Cambridge University Press, 2009).
Barry, Jordan M.
Barry publications include “On Regulatory Arbitrage” in 89 Texas Law Review 69 (2011); “Pills and Partisans: Understanding Takeover Defenses” in 160 University of Pennsylvania Law Review 633 (with Hatfield) (2011); “Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause” in 64 Stanford Law Review 535 (2011); and “When Second Comes First: Correcting Patent's Poor Secondary Incentives Through an Optional Patent Purchasing System” in 2007 Wisconsin Law Review 585 (2007).
Bell publications include “Governing Communities by Auction” in 80 University of Chicago Law Review (forthcoming 2014); “Title in the Shadow of Possession” in Law and Economics (Chang, ed.) (Cambridge University Press, forthcoming 2014); “EU's Israel Grant Guidelines: A Legal and Policy Analysis” in Kohelet Policy Forum (December 31, 2013) ; “A Critique of the Goldstone Report and its Treatment of International Humanitarian Law” in 104 Proceedings of the Annual Meeting of the American Society of International Law 79 (2010); and “The Hidden Function of Takings Compensation” in 96 Virginia Law Review 1974 (2010).
Berend, Laura M.
Berend publications include Criminal Litigation in Action, 2nd Ed. (with Ramirez) (Carolina Academic Press, 2012); “Evidence Advocacy Problems and Teaching Notes” in Teacher's Manual for Evidence: Teaching Materials for an Age of Science and Statutes (Lexis Nexis, 2001); “Less Reliable Preliminary Hearings and Plea Bargains in Criminal Cases in California: Discovery Before and After Proposition 115” in 48 American University Law Review 465 (1998); and “Proposition 115 Preliminary Hearings: Sacrificing Reliability on the Altar of Expediency” in 23 Pacific Law Journal 1131 (1991).
Brooks, Roy L.
Brooks publications include “Helping Minorities by Ending Affirmative Action? A Review of Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It” in San Diego Law Review (forthcoming 2014); “Post-Conflict Justice in the Aftermath of Modern Slavery” in San Diego Law Review (forthcoming 2014); Civil Procedure: A Guide Through A Complex Course (Harcourt Brace, 2013); “In Defense of the Black/White Binary” in Critical Race Theory: Cutting Edge (Delgado and Stefancic, eds.) (Temple University Press, 2013); and The Law of Discrimination: Cases and Perspectives, 2013 Supplement (with Carrassco and Selmi) (Lexis Nexis, 2013).
Claus publications include Law's Evolution and Human Understanding (Oxford University Press, 2012); “The Empty Idea of Authority” in 2009 University of Illinois Law Review 1301 (2009); “The One Court That Congress Cannot Take Away: Singularity Supremacy, and Article III” in 96 Georgetown Law Journal 59 (2007); and “Montesquieu's Mistakes and the True Meaning of Separation” in 25 Oxford Journal of Legal Studies 479 (2005).
Cole publications include Federal Sentencing Guidelines Handbook (with Haines and Woll) (Shepard's/McGraw-Hill, 2001); and Federal Sentencing and Forfeiture Guide (with Haines and Woll) (Del Mar Legal Publications, 1987).
Dallas, Lynne L.
Dallas publications include Law and Public Policy: A Socioeconomic Approach (Carolina Academic Press, 2005); “A Preliminary Inquiry into the Responsibility of Corporations and Their Directors and Officers for Corporate Climate: The Psychology of Enron's Demise” in 35 Rutgers Law Review 1 (2003); “Law and Socio-Economics in Legal Education” in 55 Rutgers Law Review 855 (2003); “The New Managerialism and Diversity on Corporate Boards of Directors” in 76 Tulane Law Review 1363 (2002); and “Two Models of Corporate Governance: Beyond Berle and Means” in 22 University of Michigan Journal of Law Reform 104 (1998).
Dalton, Margaret A.
Dalton publications include “Did He Really Do That? How to Use Behavior Data to Make Legal Arguments” in Council of Parent Advocates and Attorneys Annual Compendium of Materials (with Lehman) (2013); “Education Rights and the Special Needs Child” in Child and Adolescent Psychiatric Clinics of North America (2002); and “Today's Teenagers: A Special Report” in Encyclopedia Americana Yearbook (Scholastic, 2000).
Devitt publications include “Improper Deportation of Legal Permanent Residents: The U.S. Government's Mischaracterization of the Supreme Court's Decision in Nijhawan v. Holder” in 15 International Law Journal 1 (2013).
Dripps, Donald A.
Dripps publications include “Responding to the Challenges of Contextual Change and Legal Dynamism in Interpreting the Fourth Amendment” in 81 Mississippi Law Journal 133 (2011); “Recreational Drug Regulation: A Plea for Responsibility” in 2009 Utah Law Journal 118 (2009); “The Fourteenth Amendment, the Bill of Rights, and the (First) Criminal Procedure Revolution” in 18 Journal of Contemporary Legal Issues 469 (2009); “Is the Miranda Caselaw Really Inconsistent? A Proposed Fifth Amendment Synthesis” in 17 Constitutional Commentary 19 (2000); and “Ineffective Assistance of Counsel: The Case for an 'Ex Ante' Parity Standard” in 88 The Journal of Criminal Law and Criminology 242 (1997).
Fellmeth, Robert C.
Fellmeth publications include “Expert Testimony in Child Related Litigation” in Handbook of Pediatric Forensic Pathology (with Chadwick) (Spiriner Publishing, forthcoming 2014); “Legal Issues” in Child Maltreatment, Physical Abuse and Neglect (Alexander, Chadwick and Giardino, eds.) (STM Learning, forthcoming 2014); “State Secrecy and Child Deaths in the U.S” in (with Samuelson et al) (December 31, 2012) ; “State Child Welfare Violations and Federal Non-Enforcement by the U.S. Department of Health and Human Services” in (with Hatfield and Juel) (December 2012) ; and California White Collar Crime (with Papageorge) (Tower, 2010).
Ferruolo, Stephen C.
Ferruolo publications include The Origins of the University: The Schools of Paris and Their Critics (Stanford University Press, 1985).
Fleischer, Miranda Perry
Fleischer publications include “Equality of Opportunity and the Charitable Tax Subsidies” in 91 Boston University Law Review 601 (2011); “Theorizing the Charitable Tax Subsidies: The Role of Distributive Justice” in 87 Washington University (St. Louis) Law Review 505 (2010); “Generous to a Fault? Fair Shares and Charitable Giving” in 93 Minnesota Law Review 165 (2008); and “Charitable Contributions in an Ideal Estate Tax” in 60 Tax Law Review 263 (2007).
Fleischer publications include “Taxing Founders' Stocks” in 59 UCLA Law Review 60 (2011); “A Theory of Taxing Sovereign Wealth” in 84 NYU Law Review 440 (2010); “Regulatory Arbitrage” in 89 Texas Law Review 227 (2010); and “Two and Twenty: Taxing Partnership Profits in Private Equity Funds” in 83 NYU Law Review 1 (2008).
Folsom, Ralph H.
Folsom publications include Principles of European Union Law, 4th Ed. (West Academic Publishing, 2014); State Antitrust (Mathew Bender, 2013); International Business Transactions, 11th Ed. (with Fitzgerald, Gordon, Spanogle Jr. and Van Alstine) (West Publishing, 2012); and NAFTA and Free Trade in the Americas, 4th Ed. (West Publishing, 2012).
Fox publications include “Interest Creep” in 82 George Washington Law Review (2014); “Neuro-Voir Dire and the Architecture of Bias” in 65 Hastings Law Journal (2014); “The Second Generation of Racial Profiling” in 38 American Journal of Criminal Law 49 (2010); “Disability-Selective Abortion and the Americans with Disabilities Act” in 2009 Utah Law Review 845 (2009); and “Racial Classification in Assisted Reproduction” in 118 Yale Law Journal 1844 (2009).
Gruben publications include “Law Librarianship in the Twenty-First Century” in Working at the Law Library: A Practical Guide, 2nd Ed. (Balleste, Luna-Lama and Smith Butler, eds.) (Scarecrow Press, 2009); Parker's Texas Business Statutes (Parker Publishing, 1996); “Law Librarianship: A Handbook for the Electronic Age” in Law Firm Collection Development and Acquisitions (Kehow, Lyman and McCann, eds.) (AALL Publications, 1995); and A Reference Guide to Texas Law & Legal History (Hambleton, ed.) (Butterworth, 1988).
Heiser publications include California Civil Procedure, 3rd Ed. (Lexis Nexis, 2012); California Civil Procedure Handbook (Lexis Nexis, 2012); “Using Anti-Suit Injunctions to Prevent Interdictory Actions and to Enforce Choice of Court Agreements” in 2011 Utah Law Review 855 (2011); “The Hague Convention on Choice of Court Agreements: The Impact of Forum Non Conveniens, Transfer of Venue, Removal, and Recognition of Judgments in Courts in the United States” in 31 University of Pennsylvania Law Review 1013 (2010); and “Forum Non Conveniens and Retaliatory Legislation: The Impact on the Available Alternative Forum Inquiry and on the Desirability of Forum Non Conveniens as a Defense Tactic” in 56 Kansas Law Review 609 (2008).
Heriot publications include “Congress Tries to Break Hawaii in Two” in The Wall Street Journal (with Kirsanow) (December 31, 2010) ; “Hate Bill Threatens Innocent” in The Philadelphia Inquirer (December 31, 2009) ; “Lights! Camera! Legislation!: Grandstanding Congress Set to Adopt Hate Crimes Bill that May Put Double Jeopardy Protections in Jeopardy” in 10 Engage 4 (2009); “The ABA's 'Diversity' Diktat” in The Wall Street Journal (December 31, 2008) ; and “Affirmative Action in American Law Schools” in 17 Journal of Contemporary Legal Issues 237 (2008).
Hirsch publications include “Disclaimers and Federalism” in 67 Vanderbilt Law Review (forthcoming 2014); “Formalizing Gratuities and Contractual Transfers: A Situational Theory” in 91 Washington University Law Review (forthcoming 2014); “Teaching Wills and Trusts: The Jurisdictional Problem” in 58 St. Louis University Law Journal (forthcoming 2014); “Incomplete Wills” in 111 Michigan Law Review 1223 (2013); and “The Code Breakers: How States are Modifying the UDPIA” in 13 Real Property Trust and Estate Law Journal 325 (2011).
Kamisar publications include Constitutional Law: Cases, Comments & Questions, 10th Ed. (with Choper, Fallon, Locklear and Shiffrin) (West Publishing, 2006); Modern Criminal Procedure: Cases, Comments & Questions, 10th Ed. (with Israel, King and LaFave) (West Publishing, 2002); and Police Interrogations and Confessions (University of Michigan Press, 1980).
Kelly, Michael B.
Kelly publications include Remedies: Cases, Practical Problems & Exercises, 3rd Ed. (West Publishing, 2013); Inside Contract Law (Wolters Kluwer, 2011); Principles of Remedies Law, 2nd Ed. (West Publishing, 2011); Remedies: Cases, Practical Problems & Exercises, 2nd Ed. (West Publishing, 2010); and “The Phantom Reliance Interest in Contract Damages” in 92 Wisconsin Law Review 1755 (1992).
Lawrence, William H.
Lawrence publications include The Law of Sales under the Uniform Commercial Code (Thomas Reuters, 2013); Understanding Secured Transactions, 4th Ed. (Lexis Nexis, 2009); and Understanding Sales and Leases of Goods (Mathew Bender, 1996).
Lazerow, Herbert I.
Lazerow publications include Business Associations, 5th Ed. (Lexis Nexis, forthcoming 2015); Mastering Art and Museum Law (Carolina Academic Press, forthcoming 2014); “Criteria of International Tax Policy” in 41 San Diego Law Review 1123 (2004); and “OECD Draft Influence on United States Income Tax Treaties” in International Bureau of Fiscal Documentation (1976).
Lobel publications include “How Noncompetes Stifle Innovation” in Harvard Business Review (December 31, 2014) ; “Driving Performance: A Growth Theory of Non-Compete Law” in 16 Stanford Technological Review (2013); “Linking Prevention, Detection, and Whistle-Blowing: Principles for Designing Effective Reporting Systems” in 54 South Texas Law Review 37 (2013); Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids, and Free-Riding (Yale University Press, 2013); and “The Incentives Matrix: The Comparative Effectiveness of Rewards, Liabilities, Duties and Protections for Reporting Illegality” in 88 Texas Law Review 1151 (2010).
Martin, Shaun P.
Martin publications include “Substitution” in 73 Tennessee Law Review 545 (2007); “Encumbered Shares” in 2005 Illinois Law Review 775 (2005); and “Intracorporate Conspiracies” in 50 Stanford Law Review 399 (1998).
McGowan publications include “The Unfallen Sky” in 251 Houston Law Review 337 (2013); “Big But Brittle: Economic Perspectives of the Law Firm in the New Economy” in 2011 Columbia Business Journal 1 (2011); “Some Realism about the Free Speech Critique of Copyright” in 74 Fordham Law Review 101 (2005); “Copyright Nonconsequentialism” in 69 Missouri Law Review 1 (2004); and “Legal Implications of Network Economic Effects” in 86 California Law Review 479 (1998).
McGowan, Miranda Oshige
McGowan publications include “Obamacare's Day in Court: What Kind of Conservatism Will Win?” in San Diego Union-Tribune (December 31, 2012) ; “Can Citizenship Reinvigorate the Fight for Gender Equality?” in 28 Constitutional Commentary (2012); and “Do As I Say, Not as I Do: An Empirical investigation of Justice Scalia's Ordinary Meaning Methodology for Interpreting Statutes” in 78 Mississippi Law Journal 1301 (2008).
Minan, John H.
Minan publications include Little Book of Golf Law, 2nd Ed. (ABA Publishing, 2013); The Little White Book of Baseball Law (ABA Publishing, 2009); The Little Green Book of Golf Law (ABA Publishing, 2007); Law of Personal Property Leasing (Gorham, Lamont and Warren, eds.) (Thompson West, 1993); and Law in the People's Republic of China (Kluwer Academic Press, 1989).
Partnoy publications include Business Organization and Finance Legal and Economic Principles, 12th Ed. (Foundation Press, forthcoming 2015); Corporations: A Contemporary Approach , 2nd Ed. (Thomson, forthcoming 2014); “Six Shades of Grey: A Legal Perspective on Reputation” in 12 Socio-Economic Review 195 (2014); “The Right Way to Regulate from Behind” in North Carolina Banking Institute (forthcoming 2014); and “The Timing and Source of Regulation” in Seattle University Law Review (forthcoming 2014).
Player, Theresa J.
Player publications include California Trial Techniques (Michie Press, 1996).
Ramirez publications include Criminal Litigation In Action, 2nd Ed. (California Academic Press, 2012).
Ramsey, Lisa P.
Ramsey publications include “Mechanisms for Limiting Trade Mark Rights to Further Competition and Free Speech” in International Review of Intellectual Property and Competition Law 671 (with Jens Schovsbo) (2013); “Brandjacking on Social Networks: Trademark Infringement by Impersonation of Markholders” in 58 Buffalo Law Review 851 (2010); “Free Speech and International Obligations to Protect Trademarks” in 35 Yale Journal of International Law 405 (2010); “Increasing First Amendment Scrutiny of Trademark Law” in 61 Southern Methodist University Law Review 381 (2008); and “First Amendment Limitations on Trademark Rights” in Intellectual Property and Information Wealth: Issues and Practices in the Digital Age (Yu, ed.) (Praeger, 2006).
Ramsey, Michael D.
Ramsey publications include “Returning the Alien Tort Statute to Obscurity” in 52 Columbia Journal of Transnational Law 67 (2013); “The Limits of Custom in Constitutional and International Law” in 50 San Diego Law Review 867 (2013); “The Supremacy Clause, Original Meaning and Modern Law” in 74 Ohio State Law Journal 559 (2013); International Law in the U.S. Supreme Court (Dodge and Sloss, eds.) (Cambridge University Press, 2011); and The Constitution's Text in Foreign Affairs (Harvard University Press, 2007).
Rappaport, Michael B.
Rappaport publications include Originalism and the Good Constitution (Harvard University Press, 2013); “Originialism and the Colorblind Constitution” in 89 Notre Dame Law Review 71 (2013); “The National Convention Constitutional Amendment Method: Defects, Federalism Implications, and Reform” in 96 Virginia Law Review 1509 (2010); “Original Methods Originalism: A New Theory of Interpretation and the Case Against Construction” in 103 Northwestern Law Review 751 (2009); and “Originalism and Regulatory Takings: Why the Fifth Amendment May Not Protect Against Regulatory Takings, But the Fourteenth Amendment May” in 45 San Diego Law Review 729 (2008).
Schwarzschild publications include A Test Scholarship, 3rd Ed. (with co 1 and co 2) (ed 1, ed.) (Test Publisher, forthcoming 2014).
Sichelman publications include “Funk Forward” in Intellectual Property at the Edge: The Contested Contours of IP (Dreyfuss, Ginsburg and Rose, eds.) (Cambridge University Press, 2014); “Patent Law Revision at the Supreme Court” in 45 Loyola University Chicago Law Journal 307 (2014); “Purging Patent Law of 'Private Law' Remedies” in 92 Texas Law Review 517 (2014); “Startups and the Patent System: A Narrative” in Law and Society Perspectives in Intellectual Property (Gallagher and Hallbert, eds.) (forthcoming 2014); and “Testing the Testing Waters” in 2 Patrick's Law Journal ( 2014) .
Smith, Steven D.
Smith publications include “Religious Symbols and Secular Government” in 46 Israel Law Review 193 (2013); The Constitution and the Goods of Religion in Dimensions of Goodness (Holse, ed.) (Cambridge Scholars Publishing, 2013); “The Plight of Secular Paradigm” in 88 Notre Dame Law Review 1409 (2013); The Disenchantment of Secular Discourse (Harvard University Press, 2010); and “Discourse in the Dusk: The Twilight of Religious Freedom” in 122 Harvard Law Review 1869 (2009).
Smith, Thomas A.
Smith publications include “The Efficient Norm for Corporate Law” in 98 Michigan Law Review 214 (1999); “A Capital Markets Approach to Mass Torts Bankruptcy” in 104 Yale Law Review 367 (1994); “Four Faces of the Item Veto:ÊA Reply to Tribe and Kurland” in 84 Northwestern Law Review 43 (1990); and “Institutions and Entrepreneurs in American Corporate Finance” in 85 California Law Review 1 (1987).
Snyder, Allen C.
Snyder publications include A Practical Guide to California Evidence (National Institute for Trial Publishing, 1997); and Mental Disorder in the Criminal Process (Greenwood Press, 1993).
Sohoni publications include “Agency Adjudication and Judicial Nondelegation: An Article III Canon” in 107 Northwestern Law Review 1569 (2014); “The Power to Privilege” in University of Pennsylvania Law Review (forthcoming 2014); “Notice and New Deal” in 62 Duke Law Journal 1169 (2013); and “The Idea of 'Too Much Law” in 80 Fordham Law Review 1585 (2012).
Spector publications include “Autonomy” in The Routledge Companion to Social and Political Philosophy (D'Agostino and Gaus, eds.) (2013); “The Forgotten Roberto Vacca” in 14 Revista Argentina de Teoría Jurídica (2013); “The Irrelevance of Ideal Morality to International Law” in Philosophy of Law and General Theory of Law (2013); “Value Pluralism and the Two Concepts of Rights” in 46 San Diego Law Review 819 (2010); and “Don't Cry for Me Argentina: Economic Crises and the Restructuring of Financial Property” in 14 Fordham Journal of Banking and Financial Law 771 (2009).
Ursin publications include “Holmes, Cardoza and the Legal Realists: Early Incarnations of Legal Pragmatism and Enterprise Liability” in 50 San Diego Law Review (2013); “Clarifying the Normative Dimension of Legal Realism: The Example of Holmes' The Path of the Law” in 49 San Diego Law Review 487 (2012); “The Missing Normative Dimension in Brian Leiter's 'Reconstructed' Legal Realism” in 49 San Diego Law Review 1 (2012); The Politics of Protest (University Press, 2010); and “How Great Judges Think: Judges Richard Posner, Henry Friendly, and Roger Traynor on Judicial Lawmaking” in 57 Buffalo Law Review 1267 (2009).
Vargas, Jorge A.
Vargas publications include “The 2012 US - Mexico Agreement on Transboundry Hydrocarbon Reservoirs in the Gulf of Mexico. A Blueprint for Progress or a Recipe for Conflict.” in 14 San Diego International Law Journal 3 (2013); Mexico and the Law of the Sea (Martinus Nijhof, 2011); Mexican Legal Dictionary (West Publishing, 2010); Derecho de México y su Terminología Legal (University Readers, 2009); and Mexican Commercial Code Annotated (West Publishing, 2009).
Wiggins, Mary Jo
Wiggins publications include Questions & Answers: Bankruptcy, 2nd Ed. (Lexis Nexis, forthcoming 2014); “The Political Economy of the $26 Billion Dollar Mortgage Settlement” in Western State University Law Review (2013); “Restrictions on Debt Relief Agencies” in Collier on Bankruptcy, 16 Ed. (Lexis Nexis, 2011); Questions & Answers: Bankruptcy (Lexis Nexis, 2010); and “Conservative Economics and Optimal Consumer Bankruptcy Policy” in 7 Theoretical Inquiries in Law 347 (2006).
Wonnell, Christopher T.
Wonnell publications include “The Contractual Disempowerment of Employees” in 46 Stanford Law Review 87 (1993); “The Influential Myth of a Generalized Conflict of Interests Between Labor and Management” in 81 Georgetown Law Journal 39 (1992); and “Problems in the Application of Political Philosophy to Law” in 86 Michigan Law Review 123 (1987).