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.
– Let's Try This Again: The ADA Amendments Act of 2008 Attempts to Reinvigorate the "Regarded As" Prong of the Statutory Definition of Disability, 2010 Utah Law Review 993 (2010)
– Legal Reasoning, the Rule of Law and Legal Theory, in The Hart-Fuller Debate in the Twenty-First Century 281-287 (Peter Cane, ed., Hart, 2010)
– Natural Law Theory, in A Companion to the Philosophy of Law and Legal Theory 211-227 (Dennis Patterson, ed., Wiley-Blackwell, 2d ed., 2010)
– Private Ordering and Family Law, 23 Journal of the American Academy of Matrimonial Lawyers 249 (2010), excerpted in Judith Areen, Marc Spindelman & Philomila Tsoukala, Family Law: Cases and Materials (Foundation Press, 6th ed., 2012)
– Why Didn't Subprime Investors Demand a (Much Larger) Lemons Premium?, 74 Law and Contemporary Problems 47 (2011)
– Berle's Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, 33 Seattle University Law Review 1173 (2010)
– Setting Optimal Rules for Shareholder Proxy Access, 43 Arizona State Law Journal 67 (2011)
– An Experiment in Legal Education: Simulating ADR Processes in the Capstone Course on Labor and Employment Law, 66 Dispute Resolution Journal 1 (2011)
– Retrieving Retributivism, in Retributivism: Essays on Theory and Policy 3-24 (Mark D. White, ed., Oxford University Press, 2011)
– Philosophical Foundations of Criminal Law (Oxford University Press, 2011) (co-editor)
– Responsibility, Citizenship, and Criminal Law, in Philosophical Foundations of Criminal Law 125-148 (R.A. Duff & Stuart P. Green, eds., Oxford University Press, 2011)
– Introduction: Searching for Foundations, in Philosophical Foundations of Criminal Law 1-18 (R.A. Duff & Stuart P. Green, eds., Oxford University Press, 2011)
– Mrs. McIntyre's Persona: Bringing Privacy Theory to Election Law, 19 William & Mary Bill of Rights Journal 859 (2011)
– Mahr Agreements: Contracting in the Shadow of Family Law (and Religious Law)--A Comment on Oman's Article, 1 Wake Forest Law Review Common Law 61 (2011)
– Keeping PACE?: The Case Against Property Assessed Clean Energy Financing Programs, 83 University of Colorado Law Review 83 (2011)
– The Invisible Hand of Preacquired Account Marketing, 47 Harvard Journal on Legislation 425 (2010)
– Impersonal Jurisdiction, 60 Emory Law Journal 1 (2010)
– Constitutional Spaces, 95 Minnesota Law Review 1168 (2011)
– Gendering Constitutional Design in Post-Conflict Societies, 17 William & Mary Journal of Women and the Law 509 (2011)
– IP Misuse and Innovation Harm, 96 Iowa Law Review Bulletin 52 (2011)
– The Process of Balancing, 45 Tulsa Law Review 733 (2010) (reviewing Laura K. Donohue, The Cost of Counterterrorism: Power, Politics, and Liberty (Cambridge University Press, 2008) and James E. Baker, In the Common Defense: National Security Law for Perilous Times (Cambridge University Press, 2007)) (review essay)
– Law and Economics: The Comparative Law and Economics of Frustration in Contracts, in Unexpected Circumstances in European Contract Law 33-51 (Ewoud Hondius & Hans Christoph Grigoleit, eds., Cambridge University Press, 2011) (commissioned); translated into Spanish, Comparacion Juridica y Economica de la Frustracion Contractual, 41 Ius Et Veritas (2012)
– The Right to Counsel in Juvenile Court: The Conundrum of Attorneys as an Aggravating Factor at Disposition, 27 Justice Quarterly 713 (2010)
– T.L.O. and Redding's Unanswered (Misanswered) Fourth Amendment Questions: Few Rights and Fewer Remedies, 80 Mississippi Law Journal 847 (2011)
– The Costly Consequences of Populist Posturing: ASBOs, Victims, "Rebalancing", and Diminution of Support for Civil Liberties, 12 Punishment & Society 387-413 (2010)
– "Public Criminology" and Evidence-Based Policy, 9 Criminology & Public Policy 783-97 (2010)
– Less Imprisonment is No Doubt a Good Thing; More Policing Probably is Not, 10 Criminology & Public Policy 137-52 (2011)
– "Rebalancing the Criminal Justice System in Favour of the Victim": The Costly Consequences of Populist Rhetoric, in Hearing the Victim: Adversarial Justice, Crime Victims and the State (Anthony Bottoms & Julian V. Roberts, eds., Willan, 2010)
– Less Imprisonment, Less Crime: A Reply to Daniel Nagin, in Contemporary Issues in Criminological Theory and Research (Richard Rosenfeld, Kenna Quinet & Crystal A. Garcia, eds., Cengage, 2d ed., 2011)