Faculty Scholarship

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click to view scholarship for this faculty 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 (forthcoming 2017)
  • “Liberalism, Liberal and Illiberal” in 54 San Diego Law Review (forthcoming 2017)
  • “Liberalism, Liberal, and Illiberal” in 54 San Diego Law Review (forthcoming 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)


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