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.
– Ameliorating the Federal Trial Penalty through a Systematic Judicial “Second Look” Procedure, 31 Federal Sentencing Reporter 279 (2019)
– Marshalling Reputation to Minimize Problematic Business Conduct, 99 Boston University Law Review 1193 (2019)
– Explaining the Rise of Diaspora Institutions, 45 Journal of Ethnic and Migration Studies 492-516 (2019)
– The Regulatory Failure to Define Essential Health Benefits, 44 American Journal of Law & Medicine 529 (2018)
– Towards (More of) an Understanding of Criminal -- and Merely Bad -- Corporate Conduct, in White-Collar Crime in Ireland: Law and Policy (Joe McGrath, ed., Clarus Press, 2019)
– The Great Lakes Water Resources Compact and Agreement: A Model for Transboundary Governance at Subnational Scales?, 9:3 Sea Grant Law & Policy Journal 37 (2018)
– The Problematic Role of Prior Record Enhancements in Predictive Sentencing, in Predictive Sentencing: Normative and Empirical Perspectives 149-173 (Jan W. de Keijser, Julian V. Roberts & Jesper Ryberg, eds., Hart Publishing, 2019)
– Contract Theory, in Reimagining Contract Law Pedagogy: A New Agenda for Teaching 129-135 (Warren Swain & David Campbell, eds., Routledge, 2019)
– Shareholder Democracy and Special Interest Governance, 103 Minnesota Law Review 1649 (2019)
– The Fight to Expand Education--Two Centuries Apart, 71 Florida Law Review Forum 164 (2019)
– Fifty Years of American Sentencing Reform: Nine Lessons, 48 Crime and Justice 1-34 (2019)
– American Sentencing: What Happens and Why? (University of Chicago Press, 2019) (editor)
– Model Penal Code: Sentencing—Workable Limits on Mass Punishment, 48 Crime and Justice 255 (2019)
– Sentencing and Prediction: Old Wine in Old Bottles, in Predictive Sentencing: Normative and Empirical Perspectives (Jan W. de Keijser, Julian V. Roberts & Jesper Ryberg, eds., Hart, 2019)
– Predictions of Dangerousness in Sentencing: Déjà Vu All Over Again, 48 Crime and Justice 439-82 (2019)
– Forty Years of American Sentencing Guidelines: What Have We Learned?, 48 Crime and Justice 79–135 (2019)
– Discrimination by Design?, 51 Arizona State Law Journal 1 (2019)
– Justice Scalia and Family Law, in Justice Scalia: Rhetoric and the Rule of Law 151-159 (Brian G. Slocum & Francis J. Mootz, eds., University of Chicago Press, 2019)
– Fairness, Equality, Proportionality and Parsimony: Towards a Comprehensive Jurisprudence of Just Punishment, in Penal Censure: Engagements Within and Beyond Desert Theory (Antje du Bois-Pedain & Anthony E. Bottoms, eds., Hart Publishing, 2019)
– Transformative Gender Justice?, in From Transitional to Transformative Justice 150-171 (Paul Gready & Simon Robins, eds., Cambridge University Press, 2019)
– Is U.S. Insurance Regulation Unconstitutional?, 25 Connecticut Insurance Law Journal 189 (2018)
– Suspended Sentences and Free-Standing Probation Orders in U.S. Guidelines Systems: A Survey and Assessment, 82 Law & Contemporary Problems 51-79 (2019)
– Energy Re-Investment, 94 Indiana Law Journal 595 (2019)
– Polarized Justice? Changing Patterns of Decision-Making in the Federal Courts, 28 Kansas Journal of Law & Public Policy 309-394 (2019)
– Direct Threat and Business Necessity: Understanding and Untangling Two ADA Defenses, 39 Berkeley Journal of Employment and Labor Law 377 (2018)
– Buried Treasure: Excavating Foreign Law from Civil Pleadings Filed in U.S. Federal Courts, 47 International Journal of Legal Information 22 (2019)
– To Repudiate or Merely Curtail? Justice Gorsuch and Chevron Deference, 70 Alabama Law Review 733 (2019)
– Fourth Amendment Reasonableness After Carpenter, 128 Yale Law Journal Forum 943 (2019)
– Working-Class Environmentalism in America, in Oxford Research Encyclopedia of American History (Jon Butler, ed., Oxford University Press, 2019)