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.
– Information-forcing Regulation and Environmental Governance, in Law and New Governance in the EU and the US 293 (Grainne de Burca and Joanna Scott, eds., Hart Publishing, 2006)
– The Police Power Revisited: Phantom Incorporation and the Roots of the Takings "Muddle", 90 Minnesota Law Review 826 (2006)
– "New Governance" in the Great Lakes Basin: Has Its Time Arrived?, 2006 Michigan State Law Review 1249 (2006)
– Fighting Women: The Military, Sex, and Extrajudicial Constitutional Change, 93 Minnesota Law Review 96 (2008), reprinted in Feminist Legal History: Essays on Women and Law 100-17 (Tracy A. Thomas & Tracey Jean Boisseau, eds., New York University Press, 2011), and reprinted in Women and the Law 819-75 (Jane Campbell Moriarty, ed., Thomson Reuters, 2010)
– Intimacy and Economic Exchange, 119 Harvard Law Review 491 (2005)
– Protecting Them from Themselves: The Persistence of Mutual Benefits Arguments for Sex and Race Inequality, 84 New York University Law Review 1464 (2009)
– Whither NEPA?, 12 New York University Environmental Law Journal 333 (2004)
– Transboundary Ecosystem Governance: Beyond Sovereignty?, in Public Participation in the Governance of International Freshwater Resources (Carl Bruch et al., eds., United Nations University Press, 2005)
– Post-Sovereign Environmental Governance, 4 Global Environmental Politics 72 (2004)
– Bottlenecks and Baselines: Tackling Information Deficits in Environmental Regulation, 86 Texas Law Review 1409 (2008)
– Researching Labor Arbitration and Alternative Dispute Resolution in Employment, 91 Law Library Journal 367 (1999)
– The Story of Holy Trinity Church v. United States (1892): Spirit and History in Statutory Interpretation, in Statutory Interpretation Stories (William N. Eskridge, Jr., Philip P. Frickey & Elizabeth Garrett, eds., Foundation Press, 2011)
– Selected International Human Rights Instruments and Bibliography for Research on International Human Rights (LexisNexis, 4th ed., 2009)
– Viewing September 11 through the Lens of History, 89 Minnesota Law Review 1437 (2005) (reviewing September 11 in History: A Watershed Moment? (Mary L. Dudziak, ed., Duke University Press, 2003)) (review essay)
– Disclosure, Endorsement, and Identity in Social Marketing, 2009 University of Illinois Law Review 1105 (2009)
– International Human Rights: Law, Policy, and Process (LexisNexis, 4th ed., 2009)
– Steve Block: A Teacher to Us All, 69 Minnesota Law Review 724 (1985)
– The Illegality of Bad Grammar, 6 Constitutional Commentary 5 (1989), revised version in 2 Scribes Journal of Legal Writing 159 (1991)
– Symposium Foreword: The Low-Wage Worker: Legal Rights - Legal Realities, 92 Minnesota Law Review 1289 (2008)
– Consumer Fraud and Deceptive Trade Practice Regulation in Minnesota (Minnesota State Bar Association, Continuing Legal Education, 1st ed., 2007; 2d ed., 2009) (editor)
– Successful Legal Analysis and Writing: The Fundamentals (West Group, 1st ed., 2003; Thomson West, 2d ed., 2006; 3d ed., 2010)
– Sourcebook on Legal Writing Programs (American Bar Association, 2d ed., 2006) (principal contributor) (with others)
– Advocacy on Appeal (West, 1st ed., 2001; Thomson West, 2d ed., 2004; 3d ed., 2008) (with teacher's manuals)
– Sale of Goods: Reading and Applying the Code (West Group, 1st ed., 2002; Thomson West, 2d ed., 2004)
– The Process of Process: The Historical Development of Procedure in Labor Arbitration, Proceedings of the Fifty-Eighth Annual Meeting of the National Academy of Arbitrators 99 (Paul F. Gerhart & Stephen F. Befort, eds., BNA, 2006)
– Researching Labor Arbitration and Alternative Dispute Resolution in Employment, Employee Advocate: A Publication of the National Employment Lawyers Association 67 (2004); also available at LLRX.com (significantly revised version of the bibliography published in 91 Law Library Journal 367 (1999)
– Of Spoil Pits and Swimming Pools: Reconsidering the Measure of Damages for Construction Contracts, 75 Minnesota Law Review 1445 (1991)