Recent ​Faculty Scholarship

​Committed to the pursuit of academic excellence, the University of San Diego School of Law's faculty is recognized nationally for their scholarly impact.

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.

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Smith, Steven

Books

  • The Rise and Decline of American Religious Freedom (Harvard University Press, 2014)
  • The Disenchantment of Secular Discourse (Harvard University Press, 2010)
  • Law's Quandary (Harvard University Press, 2004)
  • Getting Over Equality: A Critical Diagnosis of Religious Freedom in America (New York University Press, 2001)
  • The Constitution and the Pride of Reason (Oxford University Press, 1998)
  • Against the Law (with Campos, and Schlag) (Duke University Press, 1996)
  • Foreordained Failure: The Quest for a Constitutional Principle of Religious Freedom (Oxford University Press, 1995)
  • Pagans and Christians in theCity: Culture Wars from the Tiber to the Potomac (forthcoming )

Chapters of Books or Articles within Books

  • “Die and Let Live? The Asymmetry of Accommodation” in Religious Freedom and Gay Rights (Oxford University Press, 2016)
  • “The Jurisdictional Conception of Church Autonomy” in Corporate Religious Liberty (Micah Schwartzman et al., ed.) (2016)
  • “Judicial Activism and "Reason"” in Judicial Activism: Perspectives on a Contested Theme (Luis Pereira Coutinho et al., ed.) (2015)
  • “Judicial Activism and 'Reason'” in Judicial Activism: Perspectives on a Contested Theme (Coutinho, ed.) (2015)
  • Freedom of Religion or Freedom of the Church?” in Legal Responses to Religious Practices in the United States (Sarat, ed.) (Cambridge University Press, 2014)
  • “The Precarious Freedom of the Church” in Conscience of the Institution (Alvare, ed.) (St. Augustine's Press, 2014)
  • “That Old-Time Originalism” in The Challenge of Originalism: Theories of Constitutional Interpretation (Huscroft, and Miller, eds.) (Cambridge University Press, 2013)
  • The Constitution and the Goods of Religion” in Dimensions of Goodness (Holse, ed.) (Cambridge Scholars Publishing, 2013)
  • The Establishment Clause and the 'Problem of the Church'” in Challenges to Religious Liberty in the Twenty-First Century (Bradley, ed.) (Cambridge University Press, 2012)
  • “What Does Constitutional Interpretation Interpret?” in Expounding the Constitution: Essays in Constitutional Theory (Huscroft, ed.) (Cambridge University Press, 2011)
  • “The Academy, the Courts, and the Culture of Rationalism” in That Eminent Tribunal: Judicial Supremacy and the Constitution (Wolfe, ed.) (Princeton University Press, 2009)
  • Toleration and Liberal Commitments” in NOMOS XLVIII: Toleration Its Limits p.243 (New York University Press, 2008)
  • “Religious Freedom in America: Three Stories” in Law and Religion: A Critical Anthology (Feldman, ed.) (New York University Press, 2000)
  • “Against Civil Rights Simplism” in Religious Freedom, LGBT Rights, and the Prospects for Common Ground (Robin Wilson, and William Eskridge, eds.) (Cambridge University Press, forthcoming )
  • “The Jurisdictional Conception of Church Autonomy” in Corporate Religious Liberty (with Schwartzman) (forthcoming )
  • “The Jurisdictional Conception of Church Autonomy” in Corporate Religious Liberty (Micah Schwartzman et al., ed.) (forthcoming )

Journal Articles

Presentations and Conferences

  • " ?The Pagan City, the Christian City, and the Secular City?; ?Culture Wars as Pagan Counterrevolution?; and ?Coming Home? The Imminent Immanent City.?" as presenter at Charles E. Test Distinguished Lecture series for the Madison Program at Princeton (May 2017)