Recent Publications
Recent books, book chapters, and journal articles published by the University of Minnesota Law School faculty.
To find earlier publications during a faculty member's tenure at the University of Minnesota Law School, search by faculty member and/or by words in the publications' citations using the search box on the right. Additional information can be found on the faculty biography pages via the faculty directory.
– Diploma Privilege and the Constitution, 73 SMU Law Review Forum 168 (2020)
– Commentary on Borelli v. Brusseau, in Feminist Judgments: Family Law Opinions Rewritten (Rachel Rebouché, ed., Cambridge University Press, 2020)
– On the Economics of Injunctions in Patent Cases, 11 Zeitschrift für Geistiges Eigentum/Intellectual Property Journal 293 (2019)
– Same-Sex and Different-Sex Relationships: Is it Time for Convergence?, in International Survey of Family Law 2019 (Margaret Brinig, ed., Intersentia, 2019)
– The Failure of Youth Sports Concussion Laws and the Limits of Legislating Health Education, 19 Yale Journal of Health Policy, Law & Ethics 1 (2019)
– A Critique of Alexy’s Claim to Correctness, 33 Ratio Juris 124 (2020)
– Some Heretical Thoughts on Legal Normativity, in Contemporary Perspectives on Legal Obligation 68-81 (Stefano Bertea, ed., Routledge, 2020)
– Reforming Fee Regimes and the Cost of Civil Justice, in The Justice Crisis: The Cost and Value of Accessing Law 267-286 (Trevor C.W. Farrow & Lesley A. Jacobs, eds., UBC Press, 2020)
– How Should Non-Probate Transfers Matter in Intestacy?, 53 U.C. Davis Law Review 2207 (2020)
– Repetition, Ritual, and Reputation: How Do Market Participants Deal with (Some Types of) Incomplete Information?, 2020 Wisconsin Law Review 515 (2020)
– Can Sentencing Guidelines Commissions Help States Substantially Reduce Mass Incarceration?, 104 Minnesota Law Review 2781-2803 (2020)
– Prison-Release Reform and American Decarceration, 104 Minnesota Law Review 2741 (2020)
– State Individual Income Tax Conformity in Practice: Evidence from the Tax Cuts & Jobs Act, 11 Columbia Journal of Tax Law 57 (2019)
– A Unified Approach to Erie Analysis for Federal Statutes, Rules, and Common Law, 10 UC Irvine Law Review 1101 (2020)
– Aging Judges, 81 Ohio State Law Journal 235 (2020)
– Key Expert Stakeholder Perceptions of the Law of Genomics: Identified Problems and Potential Solutions, 48 Journal of Law, Medicine & Ethics 87–104 (2020)
– General-Purpose Privacy Regulation and Translational Genomics, 48 Journal of Law, Medicine & Ethics 142 (2020)
– Developing an Ethics Framework for Allocating Remdesivir in the COVID-19 Pandemic, 95 Mayo Clinic Proceedings 1946-1954 (2020) (with others)
– How Can Law and Policy Advance Quality in Genomic Analysis and Interpretation for Clinical Care?, 48 Journal of Law, Medicine & Ethics 44-68 (2020) (for the LawSeq Quality Task Force)
– Ethical Issues Posed by Field Research Using Highly Portable and Cloud-Enabled Neuroimaging, 105 Neuron 771-775 (2020)
– Integrating Rules for Genomic Research, Clinical Care, Public Health Screening and DTC Testing: Creating Translational Law for Translational Genomics, 48 Journal of Law, Medicine & Ethics 69-86 (2020) (for the LawSeq Framework Task Force)
– From Genetics to Genomics: Facing the Liability Implications in Clinical Care, 48 Journal of Law, Medicine & Ethics 11-43 (2020) (for the LawSeq Liability Task Force)
– The Gender of Occupation, 45 Yale Journal of International Law 335 (2020)
– Towards A Civil Rights Approach to Insurance Anti-Discrimination Law, 69 DePaul Law Review 657 (2020)
– Reinforcing the Infrastructure of Legal Research Through Court-Authored Metadata, 112 Law Library Journal 5 (2020) (recipient of the 2019 AALL/LexisNexis Call for Papers Award)
– A Consumer Guide to Empirical Family Law, 95 Notre Dame Law Review 1593 (2020)
– American Nero: The History of the Destruction of the Rule of Law, and Why Trump Is the Worst Offender (BenBella Books, 2020)