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.
– Moderating the Fediverse: Content Moderation on Distributed Social Media, 3 Journal of Free Speech Law 217 (2023)
– Will Competition Reduce Attention Costs in Social Media?, 1 Journal of Law, Markets and Innovation 39-50 (2022)
– Allocazione del Rischio e Disegno delle Regole, in Il Contributo di Pietro Trimarchi all'Analisi Economica del Diritto 83-94 (Giuseppe Bellantuono & Umberto Izzo, eds., Editoriale Scientifica, 2022)
– Enforcement-Proofing Work Law, 44 Berkeley Journal of Employment and Labor Law 191 (2023) (Feller Lecture)
– The Multifaceted Method of Comparative Law and Economics, 12 Comparative Law Review 25-32 (2023)
– State Responsibility for Human Rights Violations Perpetrated in the Name of International Counter-Terrorism Financing Obligations, 46 Fordham International Law Journal 691 (2023)
– Fiduciary Duties of Officers and Directors of Military Contractors: Shareholder Primacy or Loyalty to the United States?, in Ethical Dilemmas in the Global Defense Industry (Daniel Schoeni & Tobias Vestner, eds., Oxford University Press, 2023)
– Doctor Leo and Justice Strine, 24 University of Pennsylvania Journal of Business Law 855 (2022)
– The Blue Family Constitution, 35 Journal of the American Academy of Matrimonial Lawyers 505 (2023)
– Process as Suffering: How U.S. Immigration Court Process and Culture Prevent Substantive Justice, 86 Albany Law Review 471 (2023)
– Appointed or Elected: How Justices on Elected State Supreme Courts Are Actually Selected, 48 Law & Social Inquiry 371 (2023)
– Fifty Years of Patent Remedies Case Law: Two Steps Forward, One Step Back, 50 AIPLA Quarterly Journal 607 (2022)
– Crimmigrating Narratives: Examining Third-Party Observations of US Detained Immigration Court, 48 Law & Social Inquiry 407 (2023)
– American Family Courts and the Triple System of Family Law Adjudication, in Research Handbook on Family Justice Systems (Mavis Maclean & Rachel Treloar, eds., Edward Elgar Publishing, 2023)
– And Should I Then Presume?: A Response to Carrier and Tushnet's An Antitrust Framework for False Advertising, 108 Iowa Law Review Online 22 (2022-2023)
– Seeing Like an Anti-Fraud State, 40 Law and History Review 855 (2022) (review essay) (reviewing Edward Balleisen, Fraud: An American History from Barnum to Madoff (Princeton University Press 2018))
– Jurisprudence: Theory and Context, (Sweet & Maxwell (UK), Carolina Academic Press (US), 1st ed., 1996; 2d ed., 1999; 3d ed., 2003; 4th ed., 2006; 5th ed., 2009; 6th ed., 2012; 7th ed., 2015; 8th ed., 2019; 9th ed., 2023; translated into Chinese (Law Press, 2007), Greek (Kritiki Publications, 2007), Spanish (Universidad Nacional Autonoma de Mexico, 2010), Italian (G. Giappichelli Editore, 2016), Portuguese (Tirant lo Blanch 2020), and Georgian (Varlam Cherkezishvili Institute, 2023)
– The Roberts Court's Structural Incrementalism, 136 Harvard Law Review Forum 75 (2022)
– Alf Ross on the Nature of Law, 36 Ratio Juris 61-71 (2023)
– Methodology for Theorizing About the Nature of Law and About Doctrinal Areas of Law, in Meta-theory of Law 75-91 (Mathieu Carpentier, ed., ISTE Publishing, 2022)
– Standing, Nominal Damages, and Nominal Damages "Workarounds" in Intellectual Property Law After TransUnion, 56 U.C. Davis Law Review 1085 (2023)
– A Critical Peasants’ Rights Perspective for Human Rights and the Environment: Leveraging the UN Declaration on the Rights of Peasants, in A Research Agenda for Human Rights and the Environment (Dina Lupin, Edward Elgar Publishing, 2023)
– Juvenile Justice Administration in a Nutshell (West Academic Publishing, 4th ed., 2018; 5th ed., 2023)
– Passion Projects in Law Librarianship: A Belated Tribute to Igor Kavass and His Personal Mission to Acquire and Organize U.S. International Agreements, 114 Law Library Journal 431 (2022)
– The Oxford Handbook of Gender and Conflict (Oxford University Press, paperback ed. with updated introduction, 2023) (co-editor)
– When Taint Teams Go Awry: Laundering Unconstitutional Violations of the Fourth Amendment, 75 Arkansas Law Review 753 (2023)
– The Judicial System's Unjust Relationship with Attorney-Client Privilege: How Judges Knowingly (and Erroneously) Abrogate Important Contractual Arrangements in Corporate Transactions, 11 Michigan Business & Entrepreneurial Law Review 201 (2022)
– Practical Reasoning and the Communicative Model of Law, in Interpretivism and the Limits of Law 12-22 (Tomasz Gizbert-Studnicki, Francesca Poggi & Izabela Skoczeń, eds., Edward Elgar Publishing, 2022)