Faculty Recent Publications

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.

– The ALI Principles and Agreements: Seeking a Balance Between Status and Contract, in Reconceiving the Family: Critique on the American Law Institute's Principles of the Law of Family Dissolution 372-391 (Robin Fretwell Wilson, ed., Cambridge University Press, 2006)
– On Philosophy in American Law: Analytical Legal Philosophy, in On Philosophy in American Law 99-105 (Francis J. Mootz III, ed., Cambridge University Press, 2009), translated into Chinese, Archives for Legal Philosophy and Sociology of Law, vol. 14 (Yong Liu Zheng ed., Peking University Press, 2009)
– Law, Citizenship, and Personhood in the Long Nineteenth Century: The Borders of Belonging, in Cambridge History of Law in America (Michael Grossberg & Christopher L. Tomlins, eds., Cambridge University Press, 2008)
– Raz on Necessity, 22 Law and Philosophy 537 (2003), reprinted in Law and Morality (Kenneth Einar Himma & Brian Bix, eds., Ashgate, 2005)
– The Public and Private Ordering of Marriage, 2004 University of Chicago Legal Forum 295 (2004)
– On Questions and Answers in Law's Quandry, 44 San Diego Law Review 85 (2007)
– Can Theories of Meaning and Reference Solve the Problem of Legal Determinacy?, 16 Ratio Juris 281 (2003)
– Form and Formalism: The View from Legal Theory, 20 Ratio Juris 45 (2007)
– An Outsider's Guide to Natural Law Theory, 1 American Philosophical Association Newsletter 126 (Fall 2001)
– Reprint of Jerome Frank, Law and the Modern Mind (Transaction Publishers, 2008) (editor)
A Dictionary of Legal Theory (Oxford University Press, 2004); translated into Chinese (Law Press, 2007) and Spanish (Universidad Nacional Autonoma de Mexico, 2010)
Philosophy of Law: Critical Concepts in Philosophy (vols. I-IV) (Routledge, 2006) (editor)
Ira M. Ellman
,
Paul Kurtz
,
Elizabeth Scott
,
Lois A. Weithorn
Family Law: Cases, Text, Problems (LexisNexis, 4th ed., 2004) (Supp. 2008)
&
Kenneth Einar Himma
Law and Morality (Ashgate, 2005) (co-editor)
– Raz, Authority, and Conceptual Analysis, 50 American Journal of Jurisprudence 311 (2006)
– State Interest and Marriage--The Theoretical Perspective, 32 Hofstra Law Review 93 (2003), reprinted in 18 Minnesota Family Law Journal 1 (Nov./Dec. 2004)
– Background Rules, Incompleteness, and Intervention, 2004 Wisconsin Law Review 379 (2004) (comment on Kostritsky)
– Physician-Assisted Suicide and Federalism, 17 Notre Dame Journal of Law, Ethics & Public Policy 53 (2003)
– Choice of Law and Marriage: A Proposal, 36 Family Law Quarterly 255 (2002)
– State Interests in Marriage, Interstate Recognition, and Choice of Law, 38 Creighton Law Review 337 (2005)
– Domestic Agreements, 35 Hofstra Law Review 1753 (2007)
– Philosophy, Morality, and Parental Priority, 40 Family Law Quarterly 7 (2006)
– How to Plot Love on an Indifference Curve, 99 Michigan Law Review 1439 (2001) (reviewing June Carbone, From Partners to Parents: The Second Revolution in Family Law (Columbia University Press, 2000)), reprinted in The Economics of Family Law (Margaret F. Brinig, ed., Edward Elgar, 2007)
– Premarital Agreements in the ALI Principles of Family Dissolution, 8 Duke Journal of Gender Law and Policy 231 (2001)
– Parental Rights for All Parents: A Comment on Gregory, 36 Family Law Quarterly 189 (2002)
– Perfectionist Policies in Family Law, 2007 University of Illinois Law Review 1055 (2007) (reviewing Linda McClain, The Place of Families: Fostering Capacity, Equality, and Responsibility (Harvard University Press, 2006))
Teoria del Derecho: Ambicion y Limites (Marcial Pons, 2006) (collection of previously published essays, translated into Spanish, with a new introduction)
– Problem: Conceptual Analysis (translated into Spanish), 5 Discusiones 197 (2005)
– Legal Positivism and "Explaining" Normativity and Autonomy, 5:2 American Philosophical Association Newsletter on Philosophy and Law 5 (Spring 2006)
Jane K. Winn
– Diverging Perspectives on Electronic Contracting in the U.S. and EU, 54 Cleveland State Law Review 175 (2006)