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.
– A Research Guide to the Law of Private Sector Labor-Management Relations, 79 Law Library Journal 387 (1987)
– Metaphysics, Moral Sense, and the Pragmatism of the Law, 26 Law and History Review 177-185 (2008)
– Statutes of Limitations in Minnesota Choice of Law: The Problematic Return of the Substance-Procedure Distinction, 71 Minnesota Law Review 363 (1986)
– The Importance of Deceptive Practice Enforcement in Financial Institution Regulation, 30 Pace Law Review 279 (2009) (Symposium on Real Property, Mortgages, and the Economy: A Call for Ethics and Reforms)
– The Procompetitive Interest in Intellectual Property Law, 48 William & Mary Law Review 483 (2006)
– Foreclosure Reform Amid Mortgage Lending Turmoil: A Public Purpose Approach, 45 Houston Law Review 683 (2008)
– Teaching Students How to Read Statutes Critically, in Teaching the Law School Curriculum (Steven Friedland & Gerald F. Hess, eds., Carolina Academic Press, 2004)
– "Death by His Own Hand": Accounting for Suicide in Nineteenth-Century Life Insurance Litigation, in Subjects of Responsibility: Framing Personhood in Modern Bureaucracies 98 (Andrew Parker, Austin Sarat & Martha Merrill Umphrey, eds., Fordham University Press, 2011)
– Goldberg's Forgotten Footnote: Is There a Due Process Right to a Hearing Prior to the Termination of Welfare Benefits When the Only Issue Raised Is a Question of Law?, 64 Minnesota Law Review 1107 (1980)
– Goliath Has the Slingshot: Public Benefit and Private Enforcement of Minnesota Consumer Protection Laws, 33 William Mitchell Law Review 163 (2006)
– The United States-Dakota War Trials: A Study in Military Injustice, 43 Stanford Law Review 13 (1990)
– Teaching ADR in the Workplace Once and Again: A Pedagogical History, 53 Journal of Legal Education 1 (2003)
– The Mind of the Moral Agent: Scottish Common Sense and the Problem of Responsibility in Nineteenth-Century American Law, 26 Law and History Review 99-159 (2008)
– Foreclosure Equity Stripping: Legal Theories and Strategies to Attack a Growing Problem, 39 Clearinghouse Review 607 (2006)
– Unlocking the Mysteries of Holy Trinity: Spirit, Letter, and History in Statutory Interpretation, 100 Columbia Law Review 901 (2000)
– Discovery in Labor Arbitration, 72 Minnesota Law Review 1281 (1988)
– Introducing Negotiation and Drafting into the Contracts Classroom, 44 St. Louis University Law Journal 1545 (2000)
– Alternative Resolution of Employment Discrimination Claims: American and Australian Experiences: Proceedings of the 2001 Annual Meeting, Association of American Law Schools Section on Employment Discrimination Law, 5 Employee Rights & Employment Policy Journal 603 (2001)
– Authorization Cards and Union Representation Election Outcome: An Empirical Assessment of the Assumption Underlying the Supreme Court's Gissel Decision, 79 Northwestern University Law Review 87 (1984)
– Reflections on the Antitrust Modernization Commission's Report and Recommendations Relating to the Antitrust/IP Interface, 53 Antitrust Bulletin 745 (2008)
– Voluntarism Triumphant: Forbath on Law and Labor, 18 Law & Social Inquiry 319 (1993) (reviewing William E. Forbath, Law and the Shaping of the American Labor Movement (Harvard University Press, 1991)) (review essay)
– The Story of NLRB v. Gissel Packing: The Practical Limits of Paternalism, in Labor Law Stories 191 (Laura J. Cooper & Catherine L. Fisk, eds., Foundation Press, 2005)
– Workplace ADR Simulations and Teacher's Guide (West Group, 1st ed., 2000; Thomson West, 2d ed., 2005)
– Harry Shulman: Deciding Women's Grievances in Wartime, Proceedings of the Forty-Seventh Annual Meeting of the National Academy of Arbitrators (Gladys W. Gruenberg, ed., BNA, 1994)
– Statutory Fraud Laws, in Minnesota Business Torts Deskbook (Edward T. Wahl, ed., Minnesota State Bar Association, Continuing Legal Education, 2008; 2d ed., 2009)
– The Enduring Power of Collective Rights, in Labor Law Stories 1 (Laura J. Cooper & Catherine L. Fisk, eds., Foundation Press, 2005)
– Controlling the Arbitration Hearing: Introduction, Proceedings of the Sixty-First Annual Meeting of the National Academy of Arbitrators 285 (Patrick Halter & Paul D. Staudohar, eds., BNA, 2009)
– Privatizing Labor Law: Neutrality/Card Check Agreements and the Role of the Arbitrator, 83 Indiana Law Journal 1589 (2008) (The William R. Stewart Lecture)