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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Rappaport, Michael


  • Originalism and the Good Constitution (with McGinnis) (Harvard University Press, 2013)

Chapters of Books or Articles within Books

  • "Classical Liberal Administrative Law in a Progressive World " in Handbook on Classical Liberalism (Todd Henderson, ed.) (Cambridge University Press, forthcoming 2017)

Journal Articles

Other Print and Electronic Media

  • North Korea and the Gadhafi Double-Cross The Daily Transcript (April 21, 2017)
  • A Legal Historian Takes Issue with Originalism The Daily Transcript (April 5, 2017)
  • Do Liberals Want Conservative Nonoriginalists? The Daily Transcript (March 20, 2017)
  • Let's Amend the Constitution to Prohibit Lame-Duck Pardons The Daily Transcript (February 24, 2017)
  • President Trump and the Foreign Emoluments Clause The Daily Transcript (February 10, 2017)
  • President Trump and the Foreign Emoluments Clause The Daily Transcript (February 10, 2017)
  • How to End the Government Shutdown Option The Wall Street Journal (December 30, 2014)
  • David Souter's Bad Constitutional History The Wall Street Journal (with McGinnis) (June 14, 2010)
  • Confirming Judges: The Constitutional Option San Diego Union-Tribune (with McGinnis) (March 11, 2005)
  • Hey, Big Spenders: Here's a Law That Could Stop You! The Wall Street Journal (with McGinnis) (February 4, 2004)
  • House Rules: Is a Supermajority Requirement for Tax Hikes Constitutional? ABA Journal (with McGinnis) (March 1997)
  • Solving the Problem of Third Parties San Diego Union-Tribune (July 24, 1996)
  • Origins of the Unemployment Insurance Mess The Wall Street Journal (October 31, 1991)

Presentations and Conferences

  • "Original Methods Originalism" at Originalist Bootcamp at Georgetown Center for the Constitution (May 2016)
  • "Defending Original Methods" as presenter at Pepperdine Law School Faculty (April 2016)
  • "Defending Original Methods" as presenter at Originalism Works in Progress Conference at San Diego (February 2016)
  • "Constraining Executive Regulation" at Hoover Institute (March 2015)
  • "Originalism and the Good Constitution Debate" as debater at Is Originalism the Best Method for Interpreting the Constitution (with Jack Rakove) (January 2015)
  • "The Noel Canning Case" as presenter at Federalist Society Teleforum Panel Discussion at The Federalist Society (June 27, 2014)
  • "Originalism and the Good Constitution" as presenter at Columbia Law School Federalist Society at Columbia Law School (April 2014)
  • "The Classical Liberal Constitution: An Originalist Assessment" as presenter at Conference on Richard Epstein's The Classical Liberal Constitution at New York University School of Law (February 2014)
  • "The Future of the Role of History in Originalism" as presenter at Conference on Law and History (February 2014)