Micah J. Schwartzman

  • Joseph W. Dorn Research Professor of Law

Micah Schwartzman joined the faculty in 2007. He teaches constitutional law and the First Amendment (Religion Clauses). His areas of interest include law and religion, jurisprudence, and political philosophy.

Schwartzman received his B.A. from the University of Virginia and his doctorate in politics from the University of Oxford, where he studied as a Rhodes Scholar. During law school, he served as articles development editor of the Virginia Law Review and received numerous awards, including the Margaret G. Hyde Award, the Daniel Rosenbloom Award, and the Hardy Cross Dillard Scholarship. After graduating, Schwartzman clerked for Judge Paul V. Niemeyer of the United States Court of Appeals for the Fourth Circuit. Prior to joining the faculty, he was a postdoctoral research fellow at Columbia University’s Society of Fellows in the Humanities. In the spring of 2013, he was a visiting professor at the UCLA School of Law.

Scholarship Profile: Public Reasoning in Law and Religion (Virginia Journal 2017)

Education

  • J.D.
    University of Virginia School of Law
    2005
  • D.Phil.
    Oxford University
    2003
  • B.A.
    University of Virginia
    1998

Books:

Constitutional Law and Religion (with Frederick Mark Gedicks, Robert W. Tuttle, and Nelson Tebbe) (forthcoming West Publishing Company).

The Rise of Corporate Religious Liberty (with Zoe Robinson and Chad Flanders, eds.) (Oxford University Press, 2016).

Articles and Book Chapters:

“Must Laws Be Motivated by Public Reason?,” in Silje Langvatn et al., eds., Public Reason and Courts (Cambridge University Press, forthcoming).

"When Do Religious Accommodations Burden Others?" (with Nelson Tebbe and Richard Schragger), in Susanna Mancini & Michel Rosenfeld, eds.,The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality (forthcoming Cambridge University Press, 2017).
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"How Much May Religious Accommodations Burden Others?" (with Nelson Tebbe & Richard Schragger) in Elizabeth Sepper et al., eds., Law, Religion, and Health in the United States 215 (Cambridge University Press, 2017).
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"Morality, Ontology, and Corporate Rights" (with Steven D. Walt), 11 L. & Ethics of Human Rights 1 (2017).
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"Religion, Equality, and Anarchy," in Cécile Laborde & Aurélia Bardon, eds., Religion in Liberal Political Philosophy 15 (Oxford University Press, 2017).

"Some Realism about Corporate Rights" (with Richard Schragger), in Schwartzman et al., eds., The Rise of Corporate Religious Liberty 345 (2016).
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"Introduction" (with Chad Flanders and Zoë Robinson), in Schwartzman et al., eds., The Rise of Corporate Religious Liberty xiii (2016).
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"Reasoning from Conjecture: A Reply to Three Objections," in Tom Bailey & Valentina Gentile, eds., Rawls and Religion 152 (2015).

"Religion as a Legal Proxy," 51 San Diego L. Rev. 1085 (2014) (symposium).
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"Religion, Equality, and Public Reason," 94 B.U. L. Rev. 1321 (2014) (symposium).
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"Against Religious Institutionalism" (with Richard Schragger), 99 Va. L. Rev. 917 (2013).
SSRN | HeinOnline (PDF)

"Lost in Translation: A Dilemma for Freedom of the Church" (with Richard Schragger), 21 J. Contemp. Legal Issues 15 (2013) (symposium).
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"Obligation, Anarchy, and Exemption," 28 Const. Comment. 93 (2013) (reviewing Abner S. Greene, Against Obligation: The Multiple Sources of Authority in a Liberal Democracy (2012)).
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"What if Religion Is Not Special?" 79 U. Chi. L. Rev. 1351 (2012).
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"The Ethics of Reasoning from Conjecture," 9 J. Moral Phil. 521 (2012).
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"The Sincerity of Public Reason," 19 J. Pol. Phil. 375 (2011).
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"Conscience, Speech, and Money," 97 Va. L. Rev. 317 (2011).
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"Judicial Sincerity," 94 Va. L. Rev. 987 (2008).
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"The Relevance of Locke’s Religious Arguments for Toleration," 33 Pol. Theory 678 (2005).
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"The Completeness of Public Reason," 3 Pol., Phil. & Econ. 191 (2004).
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Current Courses

All Courses

Constitutional Law II: Church and State
Religion, Democracy and Law
Constitutional Law
Constitutional Theory
Advanced Topics in the First Amendment
Textualism and Its Critics
Seminar in Ethical Values
Legal Theory

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