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.
– Transformative Use and Cognizable Harm, 12 Vanderbilt Journal of Entertainment and Technology Law 701 (2010)
– The Essential Facilities Doctrine, in Antitrust Law and Economics 157 (Keith N. Hylton, ed., Edward Elgar Publishing, 2010)
– Healthcare Supplement to Abraham's Insurance Law and Regulation (Foundation Press, 5th ed., 2010) (co-editor)
– President Obama's Progress in Government Ethics, 26 Constitutional Commentary 195 (2010)
– In Defense of Waiver and Youthfulness as a Mitigating Factor in Sentencing, in Contemporary Issues in Criminal Justice Policy: Policy Proposals from the American Society of Criminology Conference (Natasha A. Frost, Joshua D. Freilich & Todd R. Clear, eds., Wadsworth, Cengage Learning, 2010.
– Trademarks and the Boundaries of the Firm, 51 William & Mary Law Review 345 (2010)
– The Right to Counsel in Juvenile Court: Law Reform to Deliver Legal Services and Reduce Justice by Geography, 9 Criminology & Public Policy 327 (2010)
– A Burkean Perspective on Patent Eligibility, Part II: Reflections on the (Counter)Revolution in Patent Law, 11 Minnesota Journal of Law, Science & Technology 365 (2010)
– Integrating the Right of Publicity with First Amendment and Copyright Preemption Analysis, 33 Columbia Journal of Law & the Arts 165 (2010)
– Juvenile Justice Administration in a Nutshell (Thomson/West Publishing, 1st ed., 2003; 2d ed., 2009; West Academic Publishing, 3d ed., 2014); translated into Chinese (2012)
– Juvenile Justice Swedish-Style: A Rose by Another Name?, 11 Justice Quarterly 625 (1994)
– Fair Use and Copyright Overenforcement, 93 Iowa Law Review 1271 (2008)
– A Burkean Perspective on Patent Eligibility, 22 Berkeley Technology Law Journal 855 (2007)
– 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)
– Learning to Teach Gender, Race, Class and Heterosexism: Challenge in the Classroom and Clinic, 3 Hastings Women's Law Journal 161 (1992)
– Psychiatric and Chemical Dependency Treatment of Minors: The Myth of Voluntary Treatment and the Capacity to Consent, 92 Dickinson Law Review 631 (1988)
– The Easy Case for Derivatives Use: Advocating a Corporate Fiduciary Duty to Use Derivatives, 41 William & Mary Law Review 595 (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)
– Farmer Cooperatives and the Federal Securities Laws: The Case For Non-Application, 45 South Dakota Law Review 62 (2000)
– Transforming Reparations for Conflict-Related Sexual Violence: Principles and Practice, 28 Harvard Human Rights Journal 97 (2015)
– The Triple System for Regulating Women's Reproduction, 43 Journal of Law, Medicine & Ethics 275 (2015)
– Emergency Powers, in The Oxford Handbook of the U.S. Constitution 785 (Mark Tushnet, Mark A. Graber & Sanford Levinson, eds., Oxford University Press, 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)
– The Liberal Case for Hobby Lobby, 57 Arizona Law Review 777 (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)