Recent Publications

– Shareholder Rights and Legislative Wrongs: Toward Balanced Takeover Legislation, 59 George Washington Law Review 1425 (1991)

– Corporate Governance at the Millennium: The Decline of the Poison Pill Antitakeover Defense, 22 Hamline Law Review 703 (1999)

– The Limitations of Limited Liability: Lessons for Entrepreneurs (and Their Attorneys), 2 Minnesota Journal of Business Law & Entrepreneurship 1 (2003)

– Globalization with Chinese Characteristics: China's Use of Merger, Acquisition and Investment Policy in Its Economic Development Strategy, 15 Willamette Journal of International Law and Dispute Resolution 1 (2007)

– The Prohibition on Torture and the Limits of the Law, in Torture: A Collection 229 (Sanford Levinson, ed., Oxford University Press, 2004)

– Law in Times of Crisis: Emergency Powers in Theory and Practice (Cambridge University Press, 2006) (recipient of the American Society of International Law's 2007 Certificate of Merit for a preeminent contribution to creative scholarship)

– A Sentencing Commission for California?, in Growth and Its Influence on Correctional Policy: Perspectives on the Report of the Blue Ribbon Commission: Proceedings (Guggenheim Criminal Justice Program, 1991)

– Mandatory Penalties, 16 Crime and Justice 243-73 (1992), reprinted in Crime, Inequality, and the State (Mary E. Vogel, ed., Routledge, 2007), and in Thinking about Punishment: Penal Policy Across Space, Time and Discipline (Ashgate, 2009)

– Organizational Crime, 18 Crime and Justice 1-10 (1993), reprinted in part in Crimes of Privilege: Readings in White-Collar Crime (Neal Shover & John Paul Wright, eds., Oxford University Press, 2001)

– Corporation Law and Practice (West Publishing Company, 1st ed., 1996; Thomson/West, 2d ed., 2004)

– Salvaging the Sentencing Guidelines in Seven Easy Steps, 4 Federal Sentencing Reporter 355 (1992), reprinted in 10 Federal Sentencing Reporter 51-55 (1997), and in Federal Criminal Law and Its Enforcement (Norman Abrams & Sara Sun Beale, eds., West Publishing, 2d ed., 1993; 3d ed., 2000)

– Foreword, in Discretion in Criminal Justice: The Tension between Individualization and Uniformity (Lloyd E. Ohlin & Frank J. Remington, eds., State University of New York Press, 1993)

– Publicly Traded Corporations: Governance, Operation & Regulation (Clark Boardman Callaghan, 1993-2002) (looseleaf)

– Mandatory Minimum Penalties and the U.S. Sentencing Commission's "Mandatory Guidelines," 4 Federal Sentencing Reporter 129 (1991)

– GAO Report Confirms Failure of U.S. Sentencing Commissions Guidelines, 5 Federal Sentencing Reporter 144 (1992)

– Materials For Understanding Credit and Payment Systems (West Publishing Company, 1987)

– Public Prosecution and Hydro-engineering, 75 Minnesota Law Review 971 (1991)

– Judges and Sentencing Policy, in Sentencing, Judicial Discretion and Training (Colin Munro & Martin Wasik, eds., Sweet & Maxwell, 1992)

– Sentencing Commissions and Their Guidelines, 17 Crime and Justice 137-95 (1993)

– Business Law Deskbook (West Group, 1st ed., 1998; 2d ed., 2003)

– The Politics and Processes of Sentencing Commissions, 37 Crime & Delinquency 307-29 (1991)

– The Failure of the U.S. Sentencing Commission's Guidelines, 39 Crime & Delinquency 131-49 (1993), reprinted in Courts and Justice: A Reader (G. Larry Mays & Peter R. Gregware, eds., Waveland, 1995), and in part in The Administration and Management of Criminal Justice Organizations: A Book of Readings (Stan Stojkovic, John Klofas & David Kalinich, eds., Waveland, 1999), and in Criminal Law: Cases and Materials (John Kaplan, Robert Weisberg & Guyora Binder, eds., Little, Brown, 3d ed., 1996; Aspen Law & Business, 4th ed., 2000; Aspen Publishers, 5th ed., 2004)

– Minnesota Corporation Law & Practice (Prentice Hall Law & Business, 1992)

– Racial Disparities in Courts and Prisons, 4 Criminal Behaviour and Mental Health 158 (1994)

– Proportionality, Parsimony, and Interchangeability of Punishments, in Penal Theory and Practice: Tradition and Innovation in Criminal Justice (Antony Duff et al., eds., Manchester University Press, 1994), reprinted in A Reader on Punishment (Antony Duff & David Garland, eds., Oxford University Press, 1994), in part in Principled Sentencing: Readings in Theory and Practice (Andrew von Hirsch & Andrew Ashworth, eds., Hart Publishing, 2d ed., 1998), in Sentencing and Penal Policy in Canada: Cases, Materials, and Commentary (Allan Manson, Patrick Healy & Gary Trotter, eds., Emond Montgomery Publications, 2000), in Sentencing and Penal Policy in Canada: Cases, Materials, and Commentary (Allan Manson et al., eds., Emond Montgomery Publications, 2d ed., 2008), in Thinking about Punishment: Penal Policy Across Space, Time and Discipline (Ashgate, 2009), and in Why Punish? How Much?: A Reader on Punishment (Michael Tonry, ed., Oxford University Press, 2011)

– Racial Disproportion in US Prisons, 34 British Journal of Criminology 97-116 (Special Issue 1994), reprinted in Prisons in Context (Roy King & Mike Maguire, eds., Oxford University Press, 1994), in Incarcerating Criminals: Prisons and Jails in Social and Environmental Context (Timothy J. Flanagan, James W. Marquart & Kenneth Adams, eds., Oxford University Press, 1998), in Criminal Justice Policy (Jodi S. Lane & Joan Petersilia, eds., Edward Elgar, 1998), and in Imprisonment (Roger Matthews, ed., Dartmouth, 1999)

– Race and the War on Drugs, 1994 University of Chicago Legal Forum 25-81 (1994)

– The Success of Judge Frankel's Sentencing Commission, 64 University of Colorado Law Review 713-22 (1993)

– France, in Criminal Procedure: A Worldwide Study 201-42 (Craig Bradley, ed., Carolina Academic Press, 1st. ed., 1999; 2d ed., 2007)

– Minnesota Misdemeanors and Moving Traffic Violations (Butterworth Legal Publishers, 2d ed., 1990-1998 (looseleaf); Lexis Law Publishing, 3d ed., 1999-2012 (updated by pocket parts))