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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Schwarzschild, Maimon

Chapters of Books or Articles within Books

  • “Judicial Activism, Judicial Independence, and Judicial Hubris: The Case of International Courts” in Judicial Activism: An Interdisciplinary Approach to the American and European Experiences (Luis Pereira Coutinho, Maximo La Torre, and Steven D. Smith, eds.) (Spinger, 2015)
  • “The Role of the US Supreme Court in the Protection of Religious Liberty: How Much Autonomy Do You Want?” in The Culture of Judicial Independence: Rule of Law and World Peace (Shetreet, ed.) (Martinus Nijhof, 2014)
  • “Judicial Independence and Judicial Hubris” in The Culture of Judicial Independence (Forsyth, and Shetreet, eds.) (Martinus Nijhof, 2012)
  • “Constitutional Law and Equality” in A Companion to Philosophy of Law and Legal Theory, 2nd Ed. (Patterson, ed.) (Wiley-Blackwell, 2010)
  • “Civil Rights and Free Speech” in Encyclopedia of American Civil Liberties (Findelman, ed.) (Routledge, 2006)
  • “Value Pluralism and the Constitution: In Defence of the State Action Doctrine” in Constitutional Theory (Sadurski, ed.) (Ashgate Publishing, 2005)
  • “Mad Dogmas and Englishmen: How Other People Interpret and Why” in Legal Interpretation in Democratic States (Goldsworthy, and Campbell, eds.) (Ashgate Publishing, 2002)

Journal Articles

  • “Complicated - But Not Too Complicated: Sunset of EU Law in the UK After Brexit” in Cardozo Law Review (2017)
  • “Liberalism, Liberal, and Illiberal” in 54 San Diego Law Review (2017)
  • “Do Religious Exemptions Save?” in 53 San Diego Law Review 185 (2016)
  • “Free Trade Then and Now, or Still Manchester United” in 52 San Diego Law Review 1067 (2016)
  • “How Much Autonomy Do You Want?” in 51 San Diego Law Review 1105 (2014)
  • A Class Act? Social Class Affirmative Action and Higher Education” in 50 San Diego Law Review 44 (2013)
  • Race Matters” in 29 Constitutional Commentary 31 (2013)
  • How We Judge the Judges” in 8 Conversations 83 (2010)
  • “Was It Science, Not Religion?” in 47 San Diego Law Review 1125 (2010)
  • “On This Side of the Law and On That Side of the Law” in 46 San Diego Law Review 755 (2009)
  • The Ethics and Economics of American Legal Education Today” in 17 Journal of Contemporary Legal Issues 3 (2008)
  • “Keeping It Private” in 44 San Diego Law Review 677 (2007)
  • Keeping it Private” in 25 University of Queensland Law Journal 215 (2006)
  • “Marriage, Pluralism, and Change: A Response to Professor Wax” in 42 San Diego Law Review 1115 (2005)
  • Grutter Or Otherwise: Racial Preferences and Higher Education” in 21 Constitutional Commentary 101 (with Alexander) (2004)
  • “Popular Initiatives and American Federalism, or, Putting Direct Democracy In Its Place” in 13 Journal of Contemporary Legal Issues 531 (2004)
  • “Acton?s Liberal Multiculturalism and Today?s” in 12 Journal of Contemporary Legal Issues 887 (2002)
  • “Pluralism, Conversation, and Judicial Restraint” in 95 Northwestern University Law Review 961 (2001)

Presentations and Conferences

  • Organizer and participant at British Exit from the European Union ("Brexit") Conference at NYU Law School (April 2017)
  • "Against Diversity " at AALS President's Program on Diversity at AALS ANNUAL MEETING (January 2017)
  • "Bureaucratic Takeover of Criminal Sentencing " at Conference on Managing Judges - Technology, History, and Separation of Powers at University of Haifa (December 2016)
  • "Religious Beliefs and Political Agendas - What Role Should Faith Play in the Public Square" at AALS Section on Jewish Law at AALS Annual Meeting (January 2015)
  • "Judicial Activism, Judicial Independence and Judicial Hubris" at International Conference on Judicial Activism at University of Lisbon Faculty of Law (May 2014)
  • "Judicial Activism, Judicial Independence, and Judicial Hubris" as presenter at International Conference on Judicial Activism at University of Lisbon Faculty of Law (May 2014)
  • at Conference on the Ethics of Secrecy at University of Pennsylvania Law School (May 2012)
  • "How Much Autonomu Do you Want" at Conference on the Competing Claims of Law and ReligionL Who Should Influence Whom? at Pepperdine University School of Law (February 2012)
  • "Two kinds of Independence, two kinds of Internationalism" at Conference on the Culture of Judcial Independence at Clare College, Cambridge University (August 2009)
  • "American Law Schools: Envy of the World or General Motors before the Fall" at Federalist Society Annual Faculty Conference (January 2008)
  • "Common Law, Private Law, and Judicial Indpendence " at Conference on Judicial Independence and International Law at Hebrew University of Jerusalem (June 2007)
  • "The Media and National Secutiry Disclosures" at American Constitution Society National Convention (June 2006)
  • "Ruling Over Others: The Religious Implications of Governing People of Other Faiths" at AALS Section on Jewish Law (January 2006)
  • "Human Rights, Peace and International Law - Harmony and inconsistency" at 3rd International Conference on Culture of Peace (February 2004)
  • "Can Judges be Philsophers? Should They Be?" at AALS Section on Jurisprudence (January 2002)
  • "Constitutions and Human Rights" at Monash University and the Australian National University (December 2001)
  • "Panel Presentation on the Death Penalty " at American Philosophical Association Annual Meeting (December 2001)
  • "Social Norms in Religious Communities" at AALS Section on Jewish Law (January 2001)
  • "Two Kinds of Globalism" at AMINTAPHIL National Conference (March 2000)
  • "The Starr Chamber: The Clinton Scnadal and the Constitution" at Br\\\\\\\\ at Bryon White Center for American Constitutional Study, University of Colorado (November 1999)
  • "Epistemology and Evidence" at UNC Workshop in Law and Philosophy at University of North Carolina (October 1999)
  • at International Conference on Civil Rights (June 1997)