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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Heriot, Gail


  • A Dubious Expediency: How Race-Preferential Admissions Policies Hurt Minority Students (Heritage Foundation White Paper, forthcoming 2015)

Journal Articles

  • “Apprenticeship: Useful Alternative, Tough to Implement” in (2016)
  • “Perceptions of Newsworthiness are Contaminated by a Political Usefulness Bias” in (with Hal Pashler) (forthcoming 2016)
  • “A Dubious Expediency: How Race-Preferential Admissions Policies Hurt Minority Students” in 38 Harvard Journal of Law and Public Policy 781 (2015)
  • “The Sad Irony of Affirmative Action” in 14 National Affairs 78 (2013)
  • “Lights! Camera! Legislation!: Grandstanding Congress Set to Adopt Hate Crimes Bill that May Put Double Jeopardy Protections in Jeopardy” in 10 Engage 4 (2009)
  • Affirmative Action in American Law Schools” in 17 Journal of Contemporary Legal Issues 237 (2008)
  • “The Politics of Admissions in California” in 14 Academic Questions 29 (2001)

Other Print and Electronic Media

  • Why Aren't There More Black Scientists? The Wall Street Journal (October 21, 2015)
  • Congress Tries to Break Hawaii in Two The Wall Street Journal (with Kirsanow) (February 28, 2010)
  • Hate Bill Threatens Innocent The Philadelphia Inquirer (February 22, 2009)
  • The ABA's 'Diversity' Diktat The Wall Street Journal (April 28, 2008)

Presentations and Conferences

  • "Securing Liberty: Rebuilding American Education in an Era of Illiberal Learning" at national Association of Scholars at (January 21, 2017)
  • ""Dear Colleague" / Guidance Letters, Consent Decrees, and Other Administrative Law Innovations" as presenter at Federalist Society at (January 6, 2017)
  • "Higher Education, Academic Fredom, and Civic Responsibility " as presenter at Athena Roundtable Conference at (October 28, 2016)
  • "Considering Race in Higher Education Admissions" as presenter at 89th Annual meeting of the State Bar of California at (September 30, 2016)
  • "Disparate Impact: Reducing Innovation in the Workplace? " as presenter at Fourth Annual Executive Branch Review, Federalist Society at (May 17, 2016)
  • "Does the University of Texas' Use of Racial Preferences in Undergraduate Admissions Violate the Constitution?" as debater at at National Constitution Center, George W. Bush Presidential Library (May 5, 2016)
  • at 28th Sadie Alexander Commemorative Conference at Univeristy of Pennsylvania (February 27, 2016)
  • "Racial Preferences Return to the Supreme Court: Fisher v. University of Texas" as presenter at at The Heritage Foundation (December 7, 2015)
  • "Will the Supreme Court End Affirmative Action: A Preview of Fisher v. University of Texas on the Eve of Oral Argument" as presenter at at The Cato Institute (December 7, 2015)
  • "Plenary Session: Workplace Equality and Race: Roadblocks and Routes to a Better Outcome" as presenter at Ninth Annual Conference of the ABA Section on Labor and Employment Law at (November 6, 2015)
  • "A Supreme Court Review: What's in Store for the October 2015 Term?" as panelist at at Federalist Society (September 30, 2015)
  • "Colloquium: Political Power and Individual Liberty in Richard Epstein's "The Classical Liberal Constitution"" as panelist and participant at at Liberty Fund (August 1, 2015)
  • "Anglo-American versus Continental Conceptions in Theory and Practice" as panelist at Colloquium: The Rule of Law at (December 4, 2014)
  • "What to do about Youth Unemployment?" as presenter at Showcase Panel on Youth, Employment and the Law, National Lawyers Conference, Federal Society at (November 13, 2014)
  • "Passion and Prudence in the Political Process: The Debate Over Federal Civil Rights Policy" as presenter at Conference on Civil Rights in the United States, The Cato Institute, the Federalist Society & the Heritage Foundation at (September 9, 2014)
  • "Best Admissions Practices: How to Address Underrepresented Populations in the Wake of Fisher v. University of Texas at Austin" as presenter at National Association of College & University Attorneys Annual Conference at (June 24, 2014)
  • "Affirmative Action" as presenter at National Convention, American Constitution Society at (June 20, 2014)
  • "Disparate Impact Analysis" as presenter at Second Annual Executive Branch Review Conference, The Federalist Society at (May 8, 2014)
  • "Does Affirmative Action on Campus Do More Harm than Good?" as debater at Intelligence Squared at Harvard University (February 27, 2014)

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