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.
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– The Just War in Florentine Political Discourse: c.1200-1400, 4 Jus Gentium 351 (2019)
August 19, 2019
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– Wicked Crypto, 9 UC Irvine Law Review 1181 (2019)
| SSRNAugust 14, 2019
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– Paying for the Past: The Case Against Prior Record Sentence Enhancements (Oxford University Press, 2019)
August 14, 2019
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– Constitutionalized Human Rights Law in Mexico: Hope for Central American Refugees?, 32 Harvard Human Rights Journal 103 (2019)
August 13, 2019
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– Unjust Deserts: How the Modern Deportation System Lacks Moral Credibility, 16 Ohio State Journal of Criminal Law 103 (2018)
| SSRNAugust 8, 2019
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– Owning Colors, 40 Cardozo Law Review 2483 (2019)
| SSRNAugust 7, 2019
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– Sentencing Guidelines in the United States, in Handbook on Sentencing Policies and Practices in the 21st Century 43-67 (Cassia Spohn & Pauline K. Brennan, eds., Routledge, 2020)
August 1, 2019
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– Intimate Lies and the Law (Oxford University Press, 2019)
July 20, 2019
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– #MeToo and the Convergence of CSR and Profit Maximization, 69 Case Western Reserve Law Review 895 (2019)
| SSRNJuly 17, 2019
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– How Can States Counter Terrorism While Protecting Human Rights?, 45 Ohio Northern University Law Review 389 (2019)
| SSRNJuly 3, 2019
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– Corporate Governance and MNE Strategies in Emerging Economies, 54 Journal of World Business 234
July 2, 2019
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– Discriminatory Product Differentiation: The Case of Israel’s Omission from Airline Route Maps, 4 Strategy Science 653-677 (2019)
| SSRNJuly 2, 2019
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– Counterfeiting Confidence: The Problem of Trust in the Age of Contract, in Power, Prose, and Purse: Law, Literature, and Economic Transformations 15 (Alison LaCroix, Saul Levmore & Martha C. Nussbaum, eds., Oxford University Press, 2019)
June 27, 2019
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– The Effect of FRAND Commitments on Patent Remedies, in Patent Remedies and Complex Products: Toward a Global Consensus, Ch. 5 (Bradford Biddle, Jorge L. Contreras, Brian J. Love & Norman V. Siebrasse, eds., Cambridge University Press, 2019)
June 26, 2019
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– Reasonable Royalties, in Patent Remedies and Complex Products: Toward a Global Consensus, Ch. 1 (Bradford Biddle, Jorge L. Contreras, Brian J. Love & Norman V. Siebrasse, eds., Cambridge University Press, 2019)
June 26, 2019
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– Injunctive Relief, in Patent Remedies and Complex Products: Toward a Global Consensus, Ch. 4 (Bradford Biddle, Jorge L. Contreras, Brian J. Love & Norman V. Siebrasse, eds., Cambridge University Press, 2019)
June 26, 2019
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– Enhanced Damages, Litigation Cost Recovery, and Interest, in Patent Remedies and Complex Products: Toward a Global Consensus, Ch. 3 (Bradford Biddle, Jorge L. Contreras, Brian J. Love & Norman V. Siebrasse, eds., Cambridge University Press, 2019)
June 26, 2019
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– Lost Profits and Disgorgement, in Patent Remedies and Complex Products: Toward a Global Consensus, Ch. 2 (Bradford Biddle, Jorge L. Contreras, Brian J. Love & Norman V. Siebrasse, eds., Cambridge University Press, 2019)
June 26, 2019
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– Neuroscience, Artificial Intelligence, and the Case Against Solitary Confinement, 21 Vanderbilt Journal of Entertainment and Technology Law 937 (2019)
| SSRNJune 25, 2019
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– On Public Employees and Judicial Buck-Passing: The Respective Roles of Statutory and Constitutional Protections for Government Whistleblowers, 94 Notre Dame Law Review 1699 (2019)
June 24, 2019
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– Measuring Changes in Incarceration Rates: Shifts in Carceral Intensity As Felt by Communities, 24 Berkeley Journal of Criminal Law 1 (2019)
June 7, 2019
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– Ethics and Government Lawyering in Current Times, 47 Hofstra Law Review 965 (2019)
June 3, 2019
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– Fiduciary Principles in Legal Representation, in The Oxford Handbook of Fiduciary Law (Evan J. Criddle, Paul B. Miller & Robert H. Sitkoff, eds., Oxford University Press, 2019)
May 31, 2019
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– Should Researchers Offer Results to Family Members of Cancer Biobank Participants? A Mixed-Methods Study of Proband and Family Preferences, 10 AJOB Empirical Bioethics 1-22 (2019)
May 31, 2019
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– Ameliorating the Federal Trial Penalty through a Systematic Judicial “Second Look” Procedure, 31 Federal Sentencing Reporter 279 (2019)
May 29, 2019
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– Marshalling Reputation to Minimize Problematic Business Conduct, 99 Boston University Law Review 1193 (2019)
| SSRNMay 29, 2019
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– Explaining the Rise of Diaspora Institutions, 45 Journal of Ethnic and Migration Studies 492-516 (2019)
May 24, 2019
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– The Regulatory Failure to Define Essential Health Benefits, 44 American Journal of Law & Medicine 529 (2018)
May 20, 2019
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– Towards (More of) an Understanding of Criminal — and Merely Bad — Corporate Conduct, in White-Collar Crime in Ireland: Law and Policy (Joe McGrath, ed., Clarus Press, 2019)
May 17, 2019
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– The Great Lakes Water Resources Compact and Agreement: A Model for Transboundary Governance at Subnational Scales?, 9:3 Sea Grant Law & Policy Journal 37 (2018)
May 17, 2019
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– The Problematic Role of Prior Record Enhancements in Predictive Sentencing, in Predictive Sentencing: Normative and Empirical Perspectives 149-173 (Jan W. de Keijser, Julian V. Roberts & Jesper Ryberg, eds., Hart Publishing, 2019)
May 16, 2019
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– Complex Litigation (Carolina Academic Press, 3d ed., 2019)
May 16, 2019
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– Shareholder Democracy and Special Interest Governance, 103 Minnesota Law Review 1649 (2019)
May 15, 2019
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– Contract Theory, in Reimagining Contract Law Pedagogy: A New Agenda for Teaching 129-135 (Warren Swain & David Campbell, eds., Routledge, 2019)
May 15, 2019
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– The Fight to Expand Education—Two Centuries Apart, 71 Florida Law Review Forum 164 (2019)
May 15, 2019
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– Forty Years of American Sentencing Guidelines: What Have We Learned?, 48 Crime and Justice 79–135 (2019)
May 13, 2019
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– Model Penal Code: Sentencing—Workable Limits on Mass Punishment, 48 Crime and Justice 255 (2019)
May 13, 2019
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– Predictions of Dangerousness in Sentencing: Déjà Vu All Over Again, 48 Crime and Justice 439-82 (2019)
| SSRNMay 13, 2019
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– Fifty Years of American Sentencing Reform: Nine Lessons, 48 Crime and Justice 1-34 (2019)
| SSRNMay 13, 2019
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– American Sentencing: What Happens and Why? (University of Chicago Press, 2019) (editor)
May 13, 2019
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– Sentencing and Prediction: Old Wine in Old Bottles, in Predictive Sentencing: Normative and Empirical Perspectives (Jan W. de Keijser, Julian V. Roberts & Jesper Ryberg, eds., Hart, 2019)
May 13, 2019
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– Discrimination by Design?, 51 Arizona State Law Journal 1 (2019)
May 10, 2019
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– Justice Scalia and Family Law, in Justice Scalia: Rhetoric and the Rule of Law 151-159 (Brian G. Slocum & Francis J. Mootz, eds., University of Chicago Press, 2019)
May 8, 2019
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– Transformative Gender Justice?, in From Transitional to Transformative Justice 150-171 (Paul Gready & Simon Robins, eds., Cambridge University Press, 2019)
May 8, 2019
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– Fairness, Equality, Proportionality and Parsimony: Towards a Comprehensive Jurisprudence of Just Punishment, in Penal Censure: Engagements Within and Beyond Desert Theory (Antje du Bois-Pedain & Anthony E. Bottoms, eds., Hart Publishing, 2019)
May 8, 2019
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– Polarized Justice? Changing Patterns of Decision-Making in the Federal Courts, 28 Kansas Journal of Law & Public Policy 309 (2019)
| SSRNMay 7, 2019
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– Energy Re-Investment, 94 Indiana Law Journal 595 (2019)
May 7, 2019
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– Is U.S. Insurance Regulation Unconstitutional?, 25 Connecticut Insurance Law Journal 189 (2018)
| SSRNMay 7, 2019
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– Suspended Sentences and Free-Standing Probation Orders in U.S. Guidelines Systems: A Survey and Assessment, 82 Law & Contemporary Problems 51-79 (2019)
May 7, 2019
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– Direct Threat and Business Necessity: Understanding and Untangling Two ADA Defenses, 39 Berkeley Journal of Employment and Labor Law 377 (2018)
| SSRNApril 29, 2019