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.
Schwarzschild, Maimon
Books
- A Principled Constitution?: Four Skeptical Views (Rowman & Littlefield 2022) (with Larry Alexander, Steven D. Smith & James Allan)
- A Dubious Expediency: How Race Preferences Damage Higher Education (Gail Heriot & Maimon Schwarzschild eds., Encounter Books 2021)
Journal Articles
- From Mill to Mussolini and On to Microsoft: Freedom of Speech in a Neo-Corporatist Era, 27 Journal of Contemporary Legal Issues 143 (2025)
- Educational Choice: The Legacy of Meyer v. Nebraska and Pierce v. Society of Sisters, 26 Journal of Contemporary Legal Issues 1 (2025)
- Race Preferences, Diversity, and Students for Fair Admissions: A New Day, a New Clarity, 70 Southern Methodist University Law Review 285 (2024) (with Gail Heriot)
- Academic Admissions at Elite Universities and at Specialized Public High Schools: Déjà Vu All over Again?, 49 Fordham Urban Law Journal 1187 (2022)
- Goodbye To All That: Three No-Longer-Quite-Contemporary Theories of Equality and Something More Up-To-Date (and Worse), 23 Journal of Contemporary Legal Issues 403 (2022)
- Points of Crisis or, Is It All Over?, 56 San Diego Law Review 1069 (2019)
- Reply—and Gentle Dissent—to Michael Blake’s “Democracy and Deference”, 56 San Diego Law Review 929 (2019)
- The Bureaucratic Takeover of Criminal Sentencing, 49 New Mexico Law Review 93 (2019)
- Complicated - But Not Too Complicated: Sunset of EU Law in the UK After Brexit, 39 Cardozo Law Review 905 (2018)
- Political Questions and Judicial Power in the United States - Questões políticas e o poder judicial nos Estados Unidos, 5 ePublica 81 (2018)
- Liberalism, Liberal, and Illiberal, 54 San Diego Law Review 299 (2017)
- Do Religious Exemptions Save?, 53 San Diego Law Review 185 (2016)
- Free Trade Then and Now, or Still Manchester United, 52 San Diego Law Review 1067 (2016)
- How Much Autonomy Do You Want?, 51 San Diego Law Review 1105 (2014)
- A Class Act? Social Class Affirmative Action and Higher Education, 50 San Diego Law Review 44 (2013)
- Race Matters, 29 Constitutional Commentary 31 (2013)
- How We Judge the Judges, 8 Conversations 83 (2010)
- Was It Science, Not Religion?, 47 San Diego Law Review 1125 (2010)
- On This Side of the Law and On That Side of the Law, 46 San Diego Law Review 755 (2009)
- The Ethics and Economics of American Legal Education Today, 17 Journal of Contemporary Legal Issues 3 (2008)
- Keeping It Private, 44 San Diego Law Review 677 (2007)
- Marriage, Pluralism, and Change: A Response to Professor Wax, 42 San Diego Law Review 1115 (2005)
- Grutter Or Otherwise: Racial Preferences and Higher Education, 21 Constitutional Commentary 101 (2004) (with Alexander)
- Popular Initiatives and American Federalism, or, Putting Direct Democracy In Its Place, 13 Journal of Contemporary Legal Issues 531 (2004)
- Acton's Liberal Multiculturalism and Today's, 12 Journal of Contemporary Legal Issues 887 (2002)
- Pluralism, Conversation, and Judicial Restraint, 95 Northwestern University Law Review 961 (2001)
Chapters of Books or Articles within Books
- Public Policy Adjudication and the Challenge to Judicial Independence, in Judicial Independence: Cornerstone of Democracy (Shetreet & Chodosh eds., Brill Nijhoff 2024)
- A Class Act? Social Class Affirmative Action, in A Dubious Expediency: How Race Preferences Damage Higher Education (Gail Heriot & Maimon Schwarzschild eds., Encounter Books 2021)
- Judicial Power and Political Questions in the United States, in Challenged Justice: In Pursuit of Judicial Independence (Shimon Shetreet, Hiram Chodosh & Eric Helland eds., Brill 2021)
- Religious Exemption from Civil Laws and Free Exercise of Religion in the USA, in Law and Religion in the Liberal State (Jahid Hossain Bhuiyan & 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 & Steven D. Smith eds., Springer 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 (Dennis Patterson ed., 2nd ed., Wiley-Blackwell 2010)
- Civil Rights and Free Speech, in Encyclopedia of American Civil Liberties (Paul Finkelman ed., Routledge 2006)
- Value Pluralism and the Constitution: In Defence of the State Action Doctrine, in Constitutional Theory (Wojciech Sadurski ed., Ashgate Publishing 2005)
- Mad Dogmas and Englishmen: How Other People Interpret and Why, in Legal Interpretation in Democratic States (Jeffrey Goldsworthy & Tom Campbell eds., Ashgate Publishing 2002)