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.
– The Myth of Discovery, 9 Minnesota Journal of Law, Science and Technology 743 (2008)
– Conduct Unbecoming: The Ethics Crisis in the Supreme Court and How Legitimacy Can Be Restored (Oxford University Press 2026)
– Garbage In, Garbage Out: Improved Citators Through Improved Citations, in The Role of Citation in the Law (Michael Chiorazzi, ed., 2022)
– 1L Curricula in the United States: 2023 Data and Historical Comparison, Minnesota Legal Studies Research Paper No. 23-08 (May 16, 2023)
– Avoision: When Government Lawyers Turn the Sovereign Against Itself, 75 Case Western Law Review 473 (2025)
– A Democratic Participation Model for Corporate Governance, 109 Minnesota Law Review 1579 (2024)
– The Constitution of 1789: An Introduction (Cambridge University Press, forthcoming 2026)
– Jewels of the Collection: Treasures of the Riesenfeld Rare Books Research Center (University of Minnesota Law Library, 2023)
– Judicial Tax Collection: Part 2, 97 Taxes: The Tax Magazine 11 (May 2019)
– Judicial Tax Collection: Part 3, 97 Taxes: The Tax Magazine 15 (July 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)
– Justice for Emerging Adults After Jones: The Rapidly Developing Use of Neuroscience to Extend Eighth Amendment Miller Protections to Defendants Ages 18 and Older, 97:30 New York University Law Review Online 101 (2022) (lead author with others)
– Applying the Regulatory Report Card to Tax Regulations, 16 Journal of Benefit-Cost Analysis 96 (2025)
– State Sentencing Guidelines: A Garden Full of Variety, 81:2 Federal Probation 28 (Sept. 2017)
– Parole Rules in the United States: Conditions of Parole in Historical Perspective, 1956–2020, 47 Criminal Justice Review 185 (2022)
– Probation Revocation, in Oxford Bibliographies Online: Criminology (Oxford University Press, 2021- )
– Physical Health and Disability Among U.S. Adults Recently on Community Supervision, 26 Journal of Correctional Health Care 129 (2020)
– Taking Steps to Address Racial Disparities in Sentencing, 33 Federal Sentencing Reporter 22 (Oct./Dec. 2020)
– The Struggle for an American Way, in Menschenrechte und ihre Kritiker: Ideologien, Argumente, Wirkungen (Dieter Gosewinkel, Annette Weinke, eds., Wallstein Verlag, 2019)
– Investing in Private Evidence: The Effect of Adversarial Discovery, 14 Journal of Legal Analysis 1-16 (2022)
– MACDL Weighs in on the Most Consequential Pardon Case in 125 Years, MACDL VI 19 (2021)
– The New Realism in Business Law and Economics: Introduction, 2020 Wisconsin Law Review 439 (2020)
– La Cúpula de los Pueblos exhorta a la Cumbre Rio+20 : “No solo de pan vive el hombre,” 10(10) Energeia 109 (2012)
– Pre-Conference Workshop—What Educators and Engineers Need to Know about Patents, 2018 IEEE International Conference on Teaching, Assessment, and Learning for Engineering (TALE) (2019)
– Kelsen, Hart, and Legal Normativity, 34 Revus. Journal for Constitutional Theory and Philosophy of Law/Revija za ustavno teorijo in filozofijo prava 25 (2018)
– Why Are Minnesota’s Prison Populations Continuing to Rise in an Era of Decarceration, 30 Federal Sentencing Reporter 114 (2017)
– Metadata in Civil and Criminal Discovery—Part II, 35 (issue 1) The Computer & Internet Lawyer 1 (Jan. 2018)
– Standards of Proof and Civil Litigation: A Game-Theoretic Analysis, 19: 1 The BE Journal of Theoretical Economics (2018)
– Understanding the Earned Income Tax Credit, in Effectively Representing Your Client Before the IRS: A Practical Manual for the Tax Practitioner with Sample Correspondence and Forms (American Bar Association, Section of Taxation, 7th ed., 2018)