Citations for Herman Schwartz

Articles and Other Contributions to Magazines, Newsletters, and Newspapers

Articles and Other Contributions to Periodicals


"Same Old States' Rights Song," The Nation (October 14, 1996).

"Try Them in Absentia," Washington Post (Aug. 27, 1996), reprinted International Herald Tribune (Aug. 29, 1996) (with L. Cutler).

"The Constitutional Issue Behind Proposition 187," Los Angeles Times (October 9, 1994), revised and reprinted in "At Issue," ABA Journal (March 1995).

"Do Economic and Social Rights Belong In a Constitution?" 10 American University Journal of International Law and Policy 1233 (Summer 1995).

"Judgment Days," The Nation (October 23, 1995).

"States' Rights Gospel is an Unholy Notion," Newsday (June 21, 1995).

"Lustration in Eastern Europe," 1 Parker School Journal of East European Law 141 (1994).

"Rising Neo-Communists Are A New Breed," Newsday (July 5, 1994).

"The Czech Constitutional Court Decision on the Illegitimacy of the Communist Regime," 1 Parker School Journal of East European Law 392 (1994).

"Economic and Social Rights," 8 American University Journal of International Law and Policy 51 (1993).

"Judicial Activism in Russia, of All Places," Legal Times (July 26, 1993).

"The Court's Right is Still Mighty," Legal Times (July 26, 1993).

"The New Courts: An Overview," East European Constitutional Review (Spring 1993).

"The Supreme Court Stays Hard Right," The Nation (October 25, 1993).

Analysis of Russian Constitution for ABA-CEELI, December 1993, excerpted and reprinted in Russian and Post-Soviet Economic Report (January, 1994).

"Economic and Social Rights in a Constitution," East European Constitutional Review (Fall 1992).

"The New East European Constitutional Courts," 13 Michigan Journal of International Law 741 (Summer 1992).

"Constitutional Developments in Czechoslovakia," 58 University of Chicago Law Review 511 (June 1991) (with L. N. Cutler).

"Constitutional Developments in Eastern Europe," Journal of International Affairs (June 1991); reprinted in abridged form in TransAtlantic Perspectives (German Marshall Fund, Summer 1991).

"At Issue: A New Banner for States' Rights," 73 American Bar Association Journal 43 (July 1, 1987).

"Federalism - Then and Now," 7 California Lawyer 52 (August 1987).

"New Judicial Activists," 244 The Nation 361 (March 21, 1987).

"Property Rights and the Constitution: Will the Ugly Duckling Become a Swan?" 37 American University Law Review 9 (1987).

"Rehnquist's America," 243 The Nation 100 (August 16/23, 1987).

"Rolling Back the Constitution," 245 The Nation 13 (July 4/11, 1987).

"The 1986 and 1987 Affirmative Action Cases: It's All Over but the Shouting," 86 Michigan Law Review 524 (1987).

"The Frantic Reflagging of Bork," 245 The Nation 253 (September 19, 1987).

"Chief Rehnquist?" 243 The Nation 236 (September 20, 1986).

"Justice Lewis F. Powell: A Pragmatic Independent," 72 American Bar Association Journal 42 (June 15, 1986).

"Mr. Meese and the Constitution," 6 California Lawyer 34 (April 1986).

"Mugging the Constitution," ___ Penthouse ___ (May 1986).

"Why Not the Worst? The Reagan Judges," 242 The Nation 818 (June 14, 1986).

"A Constitutional Shell Game," 241 The Nation 607 (December 7, 1985).

"At Issue: The Senate Can Play Too," 71 American Bar Association Journal 36 (August 1985).

"Reagan Packs the Federal Judiciary," 240 The Nation 513 (May 4, 1985).

"Fifteen Years of the Burger Court," 239 The Nation 262 (September 24, 1984).

"The AT&T Break-up: How Consumers Will Pay and Pay," 39 The Nation 238 (January 21, 1984).

"The Intrusive Ears of the Law," 238 The Nation 1 (June 16, 1984).

"How Do We Know FISH is Working?" 237 The Nation 397 (October 29, 1983).

"Reagan Uncaps Natural Gas," 236 The Nation 330 (March 19, 1983).

"Reagan's Bullish on Bugging," 236 The Nation 697 (June 4, 1983).

"We Should Reregulate, Not Deregulate Natural Gas," ___ Gas Pricing and Rate Making ___ (1983).

"A Constitutional Disaster," 235 The Nation 11 (July 3, 1982).

"A Department Called Justice," 234 The Nation 415 (April 10, 1982).

"A Scorecard for the New Term," 235 The Nation 353 (October 16, 1982).

"Rewriting the Antitrust Laws," 68 American Bar Association Journal 238 (1982).

"Your Phone is a Party Line," 245 Harper's Magazine 106 (October 1982) (with I. Glasser).

"Time to Get the Bugs Out," 231 The Nation 401 (October 25, 1980).

"Bugging Revisited," 229 The Nation 161 (December 22, 1979).

"Burger Court Holds the Line," 229 The Nation 495 (November 17, 1979).

"The Weber Case: Another Step Bakke-wards," 228 The Nation 585 (May 26, 1979).

"The Wiretap Decade," 229 The Nation 1 (September 8, 1979).

"Narrowing Access to Justice: A Major Critique of the Burger Court," 5 Student Lawyer 34 (March 1977), reprinted as "Efficient Courts For Whom?" 16 The Judges' Journal 20 (1977) (with C. Goldberg).

"Protection of Prisoners' Rights," 35 Christianity in Crisis 19 (February 17, 1975).

"Six Years of Tapping and Bugging," 3 Civil Liberties Review 26 (1974).

"Let's Abolish Parole," 103 Reader's Digest 185 (August 1973).

"Myth of Rehabilitation," ___ The Prison Journal ___ (1973).

"A Comment on Sostre v. McGinnis," 21 Buffalo Law Review 775 (1972).

"Judges as Tyrants," 7 Criminal Law Bulletin 129 (1971).

"The Trial Lawyer and...Criminal Law," 7 Trial 2 (July-August 1971).

"The Legitimation of Electronic Eavesdropping: The Politics of 'Law and Order'" 67 Michigan Law Review 455 (1969).

"Electronic Eavesdropping - What the Supreme Court Did Not Do," 4 Criminal Law Bulletin 83 (1968).

"Comsat, the Carriers and the Earth Stations: Some Problems with `Melding Variegated Interests,'" 76 Yale Law Journal 441 (1967).

"Stop and Frisk: A Case Study in Judicial Control of the Police," 58 Journal of Criminal Law, Criminology & Police Science 433 (1967).

"The Parent or the Fetus: Abortion and the Law," 27 The Humanist 123 (1967).

"Wiretapping and Eavesdropping: Pros and Cons," 53 Current History 31 (1967).

"Retroactivity, Reliability and Due Process: A Reply to Professor Mishkin," 33 University of Chicago Law Review 719 (1966).

"The Wiretapping Problem Today," 2 Criminal Law Bulletin 3 (December 1966) and 3 Criminal Law Bulletin 3 (Jan.-Feb. 1967).

"The Common Market Antitrust Laws and American Business," 1965 University of Illinois Law Forum 617.

"Wiretapping: Some Reflections in Opposition," 82 The Christian Century 77 (1965).

Book Review: C. Silberman, Crisis in Black and White. 14 Buffalo Law Review 189 (1964).

"Governmentally Appointed Directors in a Private Corporation - The Communications Satellite Act of 1962," 79 Harvard Law Review 350 (1965).

Book Review: C. Radcliffe, The Law and Its Compass. 11 Catholic University Law Review 123 (1962).


Articles and Other Contributions to Scholarly Journals and Law Reviews

Attorney Work Product

Books Authored


The Struggle for Constitutional Justice in Post-Communist Europe. Chicago: University of Chicago Press, 1999.

Packing the Courts: The Conservative Campaign to Rewrite the Constitution. New York: Scribner, 1988.


Chapters and Other Contributions to Collective Works


"A Brief History of Judicial Review," and "Surprising Success: The New East European Constitutional Courts," in A. Schedler, L. Diamond and M. Plattner, eds., The Self-Restraining State. Lynne Rienner, 1999.

"Access to the Courts," in Essays in Honor of Justice William J. Brennan (forthcoming, 1996).

"Federalism: Importance of the National Government," in ABA Update--Law-Related Education: Federalism--What Is It, Where Might It Take Us. American Bar Association, 1995.

"Constitutional Reform in Czechoslovakia: E Duobus Unum?" 58 University of Chicago Law Review 511 (with Lloyd Cutler) 1991.

"Electronic Surveillance," "National Security and the Fourth Amendment," and "Wiretapping," in L. Levy, K. Karst & D. Mahoney, Encyclopedia of the American Constitution. New York: Macmillan, 1986.

"Affirmative Action," in L. Dunbar (ed.), Minority Report: What Has Happened to Blacks, Hispanics, American Indians and Other Minorities in the Eighties. New York: Pantheon, 1984, reprinted in ___ Dissent ___ (1984), revised in 14 Israel Yearbook on Human Rights 120 (1984), and in G. Ezorsky (ed.), Moral Rights in the Workplace. Albany: SUNY Press, 1987.

"Problems in Parole," in M. Hermann (ed.), Prisoners' Rights Sourcebook. New York: Clark Boardman Company, 1973.


Hearings Transcripts

Recent Appearances

Reports, Scholarly Papers, and Small Monographs


Report on Prison Conditions in USSR. Helsinki Watch, December 1991.

Reports on Prison Conditions in Czechoslovakia, Poland, Turkey, and Brazil. New York: Human Rights Watch, 1989-91.


Works Edited


The Burger Years: Rights and Wrongs In the Supreme Court 1969-1986. New York: Viking, 1987.


Works in Progress