David Schwartz
Professor of Law
E-mail: dsschwartz@wisc.edu
Telephone: 262-8150
Office: Room 9110, Law School
Education:
B.A., M.A., Yale University
J.D., Yale Law School
Teaching Areas:
Civil Procedure
Civil Rights
Constitutional Law
Evidence
Trial Advocacy
Biography
David Schwartz joined the UW Law faculty in fall 1999, after 12 years of law practice in which he specialized in employment discrimination and civil rights litigation. For the three years just prior to joining the Law School faculty, Prof. Schwartz was Senior Staff Attorney at the American Civil Liberties Union of Southern California, in Los Angeles. Previously, Prof. Schwartz was in private practice in San Francisco, representing plaintiffs in employment cases. After graduating law school, Prof. Schwartz clerked for the Honorable Betty B. Fletcher of the U.S. Court of Appeals for the Ninth Circuit.
Professor Schwartz currently teaches Civil Procedure I, Evidence, and Constitutional Law, and he has also taught Civil Rights Litigation, Employment Law and Remedies. His scholarly interests currently focus on federalism and the civil litigation system.
In an earlier life, Prof. Schwartz tried his hand at humor writing, à la Dave Barry, and once had a piece published in The New Yorker. He wishes he were still that funny. He loves living in Madison and, despite the advice of close friends, has recently taken up the sport of ice hockey.
Publications:
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., Aspen, 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. Probs. 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 Wis. L. Rev. 657-690 (2000)
Enforcing Small Print to Protect Big Business: Employee and Consumer Rights Claims in an Age of Compelled Arbitration, 1997 Wis. L. Rev. 33 (1997)
Choice of Forum by Contract: Compelled Arbitration, in Kent Spriggs et al., Representing Plaintiffs in Title VII Litigation (2d Ed. 1998, Aspen Law Publishers; revised editions, 1999; 2001)
