Herman Schwartz

Professor of Law

Office: Room 332
Phone: 202-274-4239
E-mail: vCard


Herman Schwartz is a professor in the Washington College of Law at American University, Washington, D.C. Throughout a long career in academia, publishing and community service, he has focused his attention and the world's on issues of civil rights and civil liberties as they have played out in courts and prisons across the globe. He has worked with the United Nations, the human rights advocacy group Helsinki Watch, the U.S./Israel Civil Liberties Law Program (which he founded), the ACLU Prison Project (which he founded), Washington College of Law's Human Rights Center and other organizations. In May 2006 he was awarded the 2006 Champion of Justice Award by the Alliance for Justice.

Schwartz's special interest in recent years has been the emerging democracies of Eastern Europe. He has served as an adviser to numerous Central and Eastern European nations, as well as former Soviet Union nations, on constitutional and human rights reform; recently he has been called up on to comment and advise on constitutional reform in Afghanistan, Iraq and several African countries. He also co-chaired a project on transitional justice in emerging democracies. He is currently a member of the Executive Committee of the Board of the Open Society Institute Justice Initiative.

Current work includes hunger issues and particularly the expansion of programs for school children during the summer. Schwartz formerly chaired the National Law Center on Homelessness and Poverty, and has developed a course in which students work with national and local public interest organizations that deal with poverty issues. He also is continuing to pursue a lifelong interest in the operations of America's courts, and frequently is called upon to analyze and write about Supreme Court decisions. He has published Right Wing Justice: The Conservative Campaign to Take Over the Courts (May 2004), a study of the judgeship controversies since Ronald Reagan.

From 1963 to 1976, Schwartz was heavily involved in studying and monitoring New York State's criminal justice system. During the tragic inmate uprising at Attica State Prison in 1971, he served as the first intermediary between the prisoners and the prison administration, and represented numerous prisoners thereafter, founded the ACLU Prison Project and argued two cases in the Supreme Court relating to prisoners rights. Throughout the 1960's and 1970's, he was active in civil rights and civil liberties litigation and advocacy, serving as chief counsel in school desegregation cases in the North and the South. He was also the ACLU expert on the law and policy of electronic surveillance and the author of numerous studies of the operation of the wiretap laws.

Schwartz has authored three books: Right-Wing Justice: The Conservative Campaign to Take over the Courts (May 2004), The Struggle for Constitutional Justice in Post-Communist Europe (2000) and Packing the Courts: The Conservative Campaign to Rewrite the Constitution (1988); edited and contributed to The Rehnquist Court: Judicial Activism on the Right (2002), and The Burger Years Rights and Wrongs in the Supreme Court 1969-1986 (1987). He has written numerous reports, articles, chapters and scholarly papers.

His work on the frontiers of civil rights and civil liberties has been recognized with such honors as the 2006 “Champion of Justice” award from the Alliance for Justice, a Citation of Appreciation by the Common Council of the City of Buffalo, an American Jewish Congress - Washington Capital area award, the William Conable Award for Civil Rights, the Citizens Counsel for Human Rights Award and The ACLU-Niagara Frontier Award for Civil Liberties.

His undergraduate degree is from Harvard University, magna cum laude, and his Juris Doctor degree from Harvard Law School, magna cum laude. For most of his professional career he has been a professor of law. He has also served in state and federal government, including service as Chief Counsel of the Senate Antitrust Subcommittee, and Chief Counsel for Revenue Sharing, U.S. Treasury.



Areas of Specialization

  • Civil Rights
  • Comparative Law
  • Constitutional Law
  • Election Law

Degrees & Universities

  • J.D., Harvard Law School 1956
  • A.B., Harvard University 1953

  • Selected Publications

    • Herman Schwartz, Right Wing Justice: The Conservative Campaign to Take the Courts (Nation Books 2004).
    • Herman Schwartz, The Struggle for Constitutional Justice in Post-Communist Europe (U. of Chi. Press June 2000).
    • Herman Schwartz, Packing the Courts: The Conservative Campaign to Rewrite the Constitution (Scribners 1988).
    • + More Publications...

    • Books

    • Herman Schwartz, Memo on a Constitutional Court for Afghanistan for Center on International Cooperation (N.Y.U. Feb. 2003).
    • Herman Schwartz, Analysis of Proposed Amendments to Republic of Kyrgyzstan Constitution for National Democratic Institute ( Dec. 2002).
    • Herman Schwartz, The Rehnquist Court: Activism on the Right (H. Schwartz, ed., Hill & Wang Dec. 2002).
    • Herman Schwartz, Analysis of Proposed Amendments to Armenian Constitution ( Mar. - Apr. 2001).
    • Herman Schwartz, Analysis of Concept Framework for Amendments to Armenian Constitution ( Apr. 2000).
    • Herman Schwartz, The Self-Restraining State, 145, 195 (Andreas Schedler, Larry Diamond & Marc Plattner, eds., Lynne Rienner 1999).
    • Herman Schwartz, The Judiciary and the Press (Herman Schwartz, ed., Freedom House Fall 1997).
    • Herman Schwartz, The Burger Court (H. Schwartz, ed., Viking 1987).
    • Other Publications

    • Herman Schwartz, Republican Justices, The Nation (May 21, 2010).
    • Herman Schwartz, Potemkin Justice, Leg. Times (Nov. 20, 2006).
    • Herman Schwartz, Book Review, The Nation (Oct. 30, 2006).
    • Herman Schwartz, Keep Hurdles For Judges High, Balt. Sun (May 18, 2005).
    • Herman Schwartz, Security and Liberty in an Age of Terrorism, Cosmos Club Magazine (2005).
    • Herman Schwartz, Judgeship Nominees - Twisting the Law on Interrogating Detainees, Newsday (2004).
    • Herman Schwartz, Looking for His Next Job?, Leg. Times (2004).
    • Herman Schwartz, The Senate's Right to See Internal Solicitor General Memoranda, in Memorandum to U.S. Senate Judiciary Committee ( June 10, 2002).
    • Herman Schwartz, These Secret Tribunals Ignore Due Process, Insight on the News (2002).
    • Herman Schwartz, These Secret Tribunals Ignore Due Process, Insight on the News (Jan. 28, 2002).
    • Herman Schwartz, Social Welfare Rights Should Be Constitutional Rights, in Festschrift for Helmut Steinberger ( Dec. 2001).
    • Herman Schwartz, The Supreme Court's Federalism: Fig Leaf for Conservatives, in The Supreme Court's Federalism: Real or Imagined?, The Annals of the American Academy of Political Science (Frank Goodman, ed., Mar. 2001).
    • Herman Schwartz, Presentation, Defamation Laws and the Fight Against Corruption (Experts't Roundtable: A Hemispheric Approach to Combating Corruption, American University Washington College of Law, Wash., D.C., Nov. 11, 1999).
    • Herman Schwartz, O'Connor as a Centrist? Not When Minorities Are Involved, L.A. Times (Apr. 12, 1998).
    • Herman Schwartz, General Principles and Human Rights, 4 Parker Sch. J. E. Eur. L. 357 (1997).
    • Herman Schwartz & Lloyd Cutler, Try Them in Absentia, Wash. Post (Aug. 27, 1996) (reprinted in Intl. Herald Tribune, Aug. 29, 1996).
    • Herman Schwartz, How Do We Know FISA is Working?, The Nation (Oct. 29, 1983).
  • + Selected Presentations

    • Herman Schwartz, Discussant, Supreme Court 2006-7, 2007-08 (Cosmos Club, Wash., D.C., Oct. 16, 2007).
    • Herman Schwartz, Discussant, Lincoln and God (Cosmos Club, Wash., D.C., Oct. 15, 2007).
    • Herman Schwartz, Speech, Judicial Nominations (NARAL Regional Conference, D.C., 2005).
    • Herman Schwartz, Speech, Courts and the Election and before the American Constitution Society (Women's Nat'l Democratic Club. Columbia, Brooklyn and University of Iowa Law Schools, Des Moines, Iowa, Oct. 2004).
    • Herman Schwartz, Speech, The Courts and the Elections (International Association of Jewish Lawyers and Judges, Wash., D.C., Sept. 28, 2004).
    • Herman Schwartz, Speech, The Courts and the Election (Cosmos Club, Wash., D.C., 2004).
    • Herman Schwartz, Commentator, Transitional Regimes (State Department Conference On Serbia, D.C., 2004).
    • Herman Schwartz, Conference, Free Speech in the United States (Conference on Turkey and Human Rights, Ankara, Turkey, 2004).
    • Herman Schwartz, Panelist, Jewish Lawyers in American Life (Cosmos Club, Wash., D.C., 2003).
    • Herman Schwartz, Address, A New Federalism (Cosmos Club, D.C., Oct. 2003).
    • Herman Schwartz, Presentation, The Future of Civil Liberties (Harvard College 50th Reunion Symposium, Cambridge, Mass., 2003).
    • Herman Schwartz, Presentation, The Rehnquist Court (American Constitution Society at University of Pennsylvania and Temple Law Schools, Philadelphia, Pa., Apr. 10, 2003).
    • Herman Schwartz, Address, Justice and Capital Punishment (Cosmos Club, Wash., D.C., 2003).
    • Herman Schwartz, Panelist, How Big Is the Constitutional Universe: Discrete National or Global Order (American Association of Law Schools Convention, Jan. 5, 2003).
    • Herman Schwartz, Lecture, Free Speech to Turkish Ministry of Justice and Law Professors on behalf of U.S. State Dept (Istanbul, Turk., Nov. 5, 7-8, 2002).
    • Herman Schwartz, Lecture, Lectures on Free Speech (Turkish Ministry of Justice, Istanbul, Turk., 2002).
    • Herman Schwartz, Lecture, Socio-Economic Rights for World Bank Legal Staff (Wash., D.C., Oct.23, 2002).
    • Herman Schwartz, Commencement Speaker, State of NY University at Buffalo Law School (SUNY, 2002).
    • Herman Schwartz, Lecture, Human Rights (Belgrade Human Rights Center Seminars for Future Judges, Belgrade, Serbia, Mar. 23-24, 2002).
    • Herman Schwartz, Presentation, Civil Liberties in Wartime (Woman's National Democratic Club, Wash., D.C., Oct. 30, 2001).
    • Herman Schwartz, Presentation, International Perspectives on Human Rights (Salxburg Seminar Session 390, Salzburg, Austrl., Aug. 1-9, 2001).
    • Herman Schwartz, Workshop, Workshop on Eritrea (Working Group on Constitution Making, Peace Building and National Reconciliation ,U.S. Inst. of Peace, May 14, 2001).
    • Herman Schwartz, Panelist, Rule of Law, Workshop on Central and Eastern Europe: Democracy and Its Alternatives (Johns Hopkins University SAIS for State Deptartment and CIA, Meridian International Center, Wash., D.C., Sept. 29, 2000).
    • Herman Schwartz, Presentation, Constitutional Courts in Post-Communist Europe since 1989 (Woodrow Wilson Memorial Center, Wash., D.C., Sept. 14, 2000).
    • Herman Schwartz, Presentation, Legality of Detention of Members for Conspiracy Under Turkish Law and European Convention of Human Rights (Turkish Human Rights Grop, Turk., July 26, 2000).
    • Herman Schwartz, Presentation, Constitutionalism in Post-Communist Europe (Cosmos Club, Wash., D.C., Feb. 22, 2000).
  • + Selected Honors & Awards

    • Herman Schwartz, , Mental Disabilites Right International Award for Contribution to Human Rights (Wash., D.C., Oct. 29, 2007).
  • + Selected Media Appearances