David Schwartz comes to DU Law from the University of Wisconsin Law School, where he has been on the faculty since fall 1999. Prior to entering law teaching, Schwartz practiced law for 12 years, specializing in employment discrimination and civil rights litigation. From 1996-1999, Schwartz was Senior Staff Attorney at the American Civil Liberties Union of Southern California, in Los Angeles. Previously, he was in private practice in San Francisco, representing plaintiffs in employment cases. After graduating law school, Schwartz clerked for the Honorable Betty B. Fletcher of the U.S. Court of Appeals for the Ninth Circuit.

Professor Schwartz is teaching Constitutional Law in the Spring 2011 semester at DU Law. He also teaches Civil Procedure, Evidence and Trial Advocacy. His scholarly interests currently focus on constitutional law and the civil litigation system.

Publications

Claim-Suppressing Arbitration, 87 Ind. L. J. (forthcoming 2012)

A Foundation Theory of Evidence (article in progress)

Mandatory Arbitration and Fairness, 84 Notre Dame L. Rev. 1247 (2009)

If You Love Arbitration, Set it Free: How “Mandatory” Undermines “Arbitration,” 8 Nevada L. Rev. 400 (2007)

Allen, Kuhns, Swift and Schwartz, EVIDENCE: TEXT, CASES, & PROBLEMS (4th ed. 2006)

The Federal Arbitration Act and the Power of Congress Over State Courts, 83 Oregon L. Rev. 541 (2005)

State Judges as Guardians of Federalism: Resisting the Federal Arbitration Act=s Encroachment on State Law, 16 Wash. U. J. Law & Pol. 129 (2004)

Correcting Federalism Mistakes in Statutory Interpretation: the Supreme Court and the Federal Arbitration Act, 67 Law & Contemp. Prob. 5 (2004)

Understanding Remedy-Stripping Arbitration Clauses: Validity, Arbitrability and Preclusion Principles, 38 U.S.F. L. Rev. 49 (2003)

When is Sex Because of Sex? The Causation Problem in Sexual Harassment Law, 150 U. Penn. L. Rev. 1697 (2002)

The Case of the Vanishing Protected Class: Reflections on Reverse Discrimination, Affirmative Action and Racial Balancing, 2000 Wisconsin Law Review 657 (May 2000)

Choice of Forum by Contract: Compelled Arbitration, in Kent Spriggs et al., Representing Plaintiffs in Title VII Litigation (2d Ed. 1998, Aspen Law Publishers; rev. eds. 1999, 2001)

Enforcing Small Print to Protect Big Business: Employee and Consumer Rights Claims in an Age of Compelled Arbitration, 1997 Wisconsin Law Review 33 (May 1997)

The Amorality of Consent, 74 California Law Review 2143 (Dec. 1986)