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 Enduring Power of Collective Rights, in Labor Law Stories 1 (Laura J. Cooper & Catherine L. Fisk, eds., Foundation Press, 2005)
– Privatizing Labor Law: Neutrality/Card Check Agreements and the Role of the Arbitrator, 83 Indiana Law Journal 1589 (2008) (The William R. Stewart Lecture)
– 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 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)
– Authorship, Audiences, and Anonymous Speech, 82 Notre Dame Law Review 1537 (2007)
– Patent Holdup, Patent Remedies, and Antitrust Responses, 34 Journal of Corporation Law 1151 (2009)
– Of Spoil Pits and Swimming Pools: Reconsidering the Measure of Damages for Construction Contracts, 75 Minnesota Law Review 1445 (1991)
– 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)
– Real Estate Practice in the Twenty-First Century, 72 Missouri Law Review 1031 (2007)
– Discovery in Labor Arbitration, 72 Minnesota Law Review 1281 (1988)
– 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)
– Metaphysics, Moral Sense, and the Pragmatism of the Law, 26 Law and History Review 177-185 (2008)
– 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)
– Workplace ADR Simulations and Teacher's Guide (West Group, 1st ed., 2000; Thomson West, 2d ed., 2005)
– Sourcebook on Legal Writing Programs (American Bar Association, 2d ed., 2006) (principal contributor) (with others)
– Goliath Has the Slingshot: Public Benefit and Private Enforcement of Minnesota Consumer Protection Laws, 33 William Mitchell Law Review 163 (2006)
– Teaching Students How to Read Statutes Critically, in Teaching the Law School Curriculum (Steven Friedland & Gerald F. Hess, eds., Carolina Academic Press, 2004)
– Reflections on the Antitrust Modernization Commission's Report and Recommendations Relating to the Antitrust/IP Interface, 53 Antitrust Bulletin 745 (2008)
– Third-Party Defenses to Mortgages, 1998 BYU Law Review 1003 (1998)
– Statutes of Limitations in Minnesota Choice of Law: The Problematic Return of the Substance-Procedure Distinction, 71 Minnesota Law Review 363 (1986)
– Freeing Mortgages of Merger, 40 Vanderbilt Law Review 283 (1987)
– 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)
– Property (West, 3d ed., 1997; 4th ed., 2003; 5th ed., 2006; 6th ed., 2012) (Black Letter Outlines series)
– 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)
– 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)
– Statutory Fraud Laws, in Minnesota Business Torts Deskbook (Edward T. Wahl, ed., Minnesota State Bar Association, Continuing Legal Education, 2008; 2d ed., 2009)
– Unlocking the Mysteries of Holy Trinity: Spirit, Letter, and History in Statutory Interpretation, 100 Columbia Law Review 901 (2000)
– Consumer Fraud and Deceptive Trade Practice Regulation in Minnesota (Minnesota State Bar Association, Continuing Legal Education, 1st ed., 2007; 2d ed., 2009) (editor)
– Introducing Negotiation and Drafting into the Contracts Classroom, 44 St. Louis University Law Journal 1545 (2000)