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.
– A Burkean Perspective on Patent Eligibility, 22 Berkeley Technology Law Journal 855 (2007)
– Fair Use and Copyright Overenforcement, 93 Iowa Law Review 1271 (2008)
– Toward a Functional Definition of Publication in Copyright Law, 92 Minnesota Law Review 1724 (2008)
– Law and the Borders of Belonging in the Long Nineteenth Century United States (Cambridge University Press, 2010)
– A Professional Response to Demands for Accountability: Practical Recommendations Regarding Ethical Aspects of Patient Care, 124 Annals of Internal Medicine 240-49 (1996) (with Linda L. Emanuel for the Working Group on Accountability) (Working Group member)
– Psychiatric and Chemical Dependency Treatment of Minors: The Myth of Voluntary Treatment and the Capacity to Consent, 92 Dickinson Law Review 631 (1988)
– Learning to Teach Gender, Race, Class and Heterosexism: Challenge in the Classroom and Clinic, 3 Hastings Women's Law Journal 161 (1992)
– The Easy Case for Derivatives Use: Advocating a Corporate Fiduciary Duty to Use Derivatives, 41 William & Mary Law Review 595 (2000)
– Farmer Cooperatives and the Federal Securities Laws: The Case For Non-Application, 45 South Dakota Law Review 62 (2000)
– Corporate Governance after Enron and Global Crossing: Comparative Lessons for Cross-National Improvement, 78 Indiana Law Journal 723 (2003)
– Using Evaluations To Break Down the Male Corporate Hierarchy: A Full Circle Approach, 73 University of Colorado Law Review 117 (2002)
– Race, Ethnicity, and Education Policy, in The Oxford Handbook of Racial and Ethnic Politics in the United States (David L. Leal, Taeku Lee, & Mark Sawyer, eds., Oxford University Press, published online 2014)
– AEthelgifu's Will as Hagiography, in Writing Women Saints in Anglo-Saxon England 82 (University of Toronto Press, 2013)
– Emergency Powers, in The Oxford Handbook of the U.S. Constitution 785 (Mark Tushnet, Mark A. Graber & Sanford Levinson, eds., Oxford University Press, 2015)
– The Triple System for Regulating Women's Reproduction, 43 Journal of Law, Medicine & Ethics 275 (2015)
– The Liberal Case for Hobby Lobby, 57 Arizona Law Review 777 (2015)
– Through the Looking Glass: Transitional Justice Futures through the Lens of Nationalism, Feminism and Transformative Change, 9 International Journal of Transitional Justice 127 (2015)
– Lessons from Law Firm Bankruptcies and Proposals for Reform, 55 Santa Clara Law Review 507 (2015)
– Book Review, 65 Journal of Legal Education 242 (2015) (reviewing Joan C. Williams & Rachel Dempsey, What Works for Women at Work: Four Patterns Working Women Need to Know (NYU Press, 2014)) (review essay)
– Transforming Reparations for Conflict-Related Sexual Violence: Principles and Practice, 28 Harvard Human Rights Journal 97 (2015)
– The Constitution of 1789: An Introduction (Cambridge University Press, forthcoming 2026)
– The Original Presidency: A Conception of Administrative Control, 16 Journal of Legal Analysis (forthcoming 2024)
– Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press, 1st ed., 2021; 2d ed., forthcoming 2024)
– Legal Endearment: An Unmarked Barrier to Transforming Policing, Public Safety, and Security, 112 California Law Review (forthcoming 2024)
– Jewels of the Collection: Treasures of the Riesenfeld Rare Books Research Center (University of Minnesota Law Library, 2023)
– Vigilantism and "Public Confidence": The Pertinence of Public Opinion to Sentencing, in Essays in Honor of Julian V. Roberts (Gabrielle Watson, ed., Hart Publishing, forthcoming 2024)
– Judicial Tax Collection: Part 2, 97 Taxes: The Tax Magazine 11 (May 2019)
– Judicial Tax Collection Part 4: Property and Interests Affected by Lien Foreclosure Suits, 97 Taxes: The Tax Magazine 11 (Sept. 2019)
– Judicial Tax Collection, 21 Journal of Tax Practice & Procedure 37 (2019)