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

  • “Religious Exemption from Civil Laws and Free Exercise of Religion in the USA” in Law and Religion in the Liberal State (Md Jahid Hossein Bhuiyan, and Darryn Jensen, eds.) (Hart Publishing, 2020)
  • 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 Protection of Religious Liberty in the United States: The Supreme Court Jurisprudence ” in The Culture of Judicial Independence: Rule of Law and World Peace (Simon Shetreet, ed.) (Brill Nijhoff, 2014)
  • Constitutional Law and Equality” in A Companion to Philosophy of Law and Legal Theory, no. 2nd (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

Presentations and Conferences

  • "The Judicial Role in the US and the Political Question Doctrine" at International Conference on Judicial Independence at Queen Mary University (June 1, 2018)
  • "Are There Non-Justiciable Constitutional Questions?" at International Conference on The Return of Politics to Constitutional Law at University of Lisbon Faculty of Law (May 1, 2018)
  • Organizer and participant at Brexit Conference at NYU Law School (April 1, 2017)
  • "Against Diversity " at AALS President's Program on Diversity at AALS ANNUAL MEETING (2017)
  • "Bureaucratic Takeover of Criminal Sentencing " at Conference on Managing Judges - Technology, History, and Separation of Powers at University of Haifa (December 1, 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 (2015)
  • "Judicial Activism, Judicial Independence and Judicial Hubris" at International Conference on Judicial Activism at University of Lisbon Faculty of Law (May 1, 2014)
  • "Confidentiality and Government Ethics" at Conference on the Ethics of Secrecy at University of Pennsylvania Law School (May 1, 2012)
  • "How Much Autonomy Do you Want" at Conference on the Competing Claims of Law and ReligionL Who Should Influence Whom? at Pepperdine University School of Law (February 1, 2012)
  • "Two Kinds of Independence, Two Kinds of Internationalism" at Conference on the Culture of Judcial Independence at Clare College, Cambridge University (August 1, 2009)
  • "American Law Schools: Envy of the World or General Motors before the Fall" at Federalist Society Annual Faculty Conference at (2008)
  • "Common Law, Private Law, and Judicial Indpendence " at Conference on Judicial Independence and International Law at Hebrew University of Jerusalem (June 1, 2007)
  • "The Media and National Security Disclosures" at American Constitution Society National Convention at (June 1, 2006)
  • "Ruling Over Others: The Religious Implications of Governing People of Other Faiths" at AALS Section on Jewish Law at (2006)
  • "Human Rights, Peace and International Law - Harmony and inconsistency" at 3rd International Conference on Culture of Peace at (February 1, 2004)
  • "Can Judges be Philsophers? Should They Be?" at AALS Section on Jurisprudence at (2002)
  • "Constitutions and Human Rights" at at Monash University and the Australian National University (December 1, 2001)
  • "Panel Presentation on the Death Penalty " at American Philosophical Association Annual Meeting at (December 1, 2001)
  • "Social Norms in Religious Communities" at AALS Section on Jewish Law at (2001)
  • "Two Kinds of Globalism" at AMINTAPHIL National Conference at (March 1, 2000)
  • "The Starr Chamber: The Clinton Scandal and the Constitution" at at Bryon White Center for American Constitutional Study, University of Colorado (November 1, 1999)
  • "Epistemology and Evidence" at UNC Workshop in Law and Philosophy at University of North Carolina (October 1, 1999)

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