Recent Publications

– The Doctrine of Piercing the Veil in an Era of Multiple Limited Liability Entities: An Opportunity to Codify the Test for Waiving Owners' Limited Liability Protection, 75 Washington Law Review 147 (2000)

– Chaos and Rules: Should Responses to Violent Crises Always Be Constitutional?, 112 Yale Law Journal 1011 (2003)

– Challenging Delaware's Desirability as a Haven for Incorporation, 32 William Mitchell Law Review 769 (2006)

– 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)

– Corporate Cooperation, Relationship Management, and the Trialogical Imperative for Corporate Law, 78 Minnesota Law Review 1443 (1994)

– Multidisciplinary Practice and the Future of the Legal Profession: Considering a Role for Independent Directors, 32 Loyola University Chicago Law Journal 577 (2001)

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

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

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

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

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

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

– 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)

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

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

– 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)

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

– 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)

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

– 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)

– 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)

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

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

– 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)

– 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)