The USD School of Law faculty publishes regularly in some of the nation's top academic journals. Check out featured scholarship from some of the most distinguished scholars in their respective fields.
,
Books
- A Dubious Expediency: How Race Preferences Damage Higher Education (Gail Heriot & Maimon Schwarzschild eds., Encounter Books 2021)
Journal Articles
- Race Preferences, Diversity, and Students for Fair Admissions: A New Day, a New Clarity, 70 Southern Methodist University Law Review 285 (2024) (with Maimon Schwarzschild)
- The Roots of Wokeness: Title VII Damage Remedies as Potential Drivers of Attitudes Toward Identity Politics and Free Expression, 27 Texas Review of Law & Politics 171 (2022)
- Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal: It Gives the Federal Bureaucracy Extraordinary Discretionary Power. But What Does It Do to the Rule of Law? And Who Benefits?, 14 NYU Journal of Law & Liberty 1 (2020)
- The Department of Education's Obama-Era Initiative on Racial Disparities in School Discipline: Wrong For Students and Teachers, Wrong on the Law, 22 Texas Review of Law & Politics 471 (2018) (with Somin)
- Working Backwards: How Employment Regulation Hurts Unemployed Millennials, 38 Harvard Journal of Law & Public Policy 781 (2014)
- The Sad Irony of Affirmative Action, 14 National Affairs 78 (2013)
- Lights! Camera! Legislation!: Grandstanding Congress Set to Adopt Hate Crimes Bill that May Put Double Jeopardy Protections in Jeopardy, 10 Engage 4 (2009)
- Affirmative Action in American Law Schools, 17 Journal of Contemporary Legal Issues 237 (2008)
- The Politics of Admissions in California, 14 Academic Questions 29 (2001)
Chapters of Books or Articles within Books
- A Dubious Expediency, in A Dubious Expediency: How Race Preferences Damage Higher Education (Gail Heriot & Maimon Schwarzschild eds., Encounter Books 2021)
- The Sausage Factory, in A Dubious Expediency: How Race Preferences Damage Higher Education (Gail Heriot & Maimon Schwarzschild eds., Encounter Books 2021) (with Mulder)
Other Print and Electronic Media
- Should the Supreme Court Take Note of “Th’ Iliction Returns” Next Time It Addresses Race-Preferential Admissions Policies?, Federalist Society Review (2021) (with Heideman)
- Why Did Prop. 16 Lose in California? Most People Oppose Racial Preferences in University Admissions, San Diego Union-Tribune (2021)
- Perceptions of Newsworthiness are Contaminated by a Political Usefulness Bias, Vol. 5, The National Constitution Center Interactive Constitution (2018) (with Pashler)
- The Nineteenth Amendment, The National Constitution Center Interactive Constitution (2018) (with Gertner)
- Why Aren't There More Black Scientists?, The Wall Street Journal (2015)
- A Dubious Expediency: How Race-Preferential Admissions Policies Hurt Minority Students, The Heritage Foundation (2015)
- Congress Tries to Break Hawaii in Two, The Wall Street Journal (2010) (with Kirsanow)
- Hate Bill Threatens Innocent, The Philadelphia Inquirer (2009)
- The ABA's 'Diversity' Diktat, The Wall Street Journal (2008)