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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– 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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– 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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– 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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– 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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– 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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– 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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– Complex Litigation (Carolina Academic Press, 3d ed., 2019)
May 16, 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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– 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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– 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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– 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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– Discrimination by Design?, 51 Arizona State Law Journal 1 (2019)
May 10, 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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– 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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– 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
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– Buried Treasure: Excavating Foreign Law from Civil Pleadings Filed in U.S. Federal Courts, 47 International Journal of Legal Information 22 (2019)
April 25, 2019
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– To Repudiate or Merely Curtail? Justice Gorsuch and Chevron Deference, 70 Alabama Law Review 733 (2019)
April 23, 2019
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– The Many Inequalities of International Law, 99 Boston University Law Review Online 1 (2019)
April 8, 2019
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– Fourth Amendment Reasonableness After Carpenter, 128 Yale Law Journal Forum 943 (2019)
| SSRNApril 1, 2019
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– Working-Class Environmentalism in America, in Oxford Research Encyclopedia of American History (Jon Butler, ed., Oxford University Press, 2019)
March 29, 2019
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– The Chevronization of Auer, 103 Minnesota Law Review Headnotes 103 (2019)
| SSRNMarch 26, 2019
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– Energy and Eminent Domain, 104 Minnesota Law Review (forthcoming 2019)
March 13, 2019
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– The Duty of Data Security, 103 Minnesota Law Review 1135 (2019)
| SSRNFebruary 28, 2019
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– Human Rights Conditions: What We Know and Why It Matters, 28 Minnesota Journal of International Law 1 (2019)
February 27, 2019
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– The Normal Exception, in Constitutional Democracy in Crisis? 585 (Mark A. Graber, Sanford Levinson & Mark Tushnet, eds., Oxford University Press, 2018)
February 22, 2019
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– How Is Competition Policy Coping with Atlantic Area Airline Markets?, 2018 Michigan State Law Review 619 (2018)
February 20, 2019
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– The Effectiveness of an Emerging Pathway of Rights: The Constitutionalization of Human Rights Law, in Contesting Human Rights: Norms, Institutions and Practice (Alison Brysk & Michael Stohl, eds., Edward Elgar Publishing, 2019)
February 19, 2019
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– Transmission, Distribution, and Storage: Grid Integration, in Legal Pathways to Deep Decarbonization in the United States (Michael B. Gerrard & John C. Dernbach, eds., Environmental Law Institute, 2019)
February 18, 2019
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– Scholarly Debates and Contested Meanings of WPS, in The Oxford Handbook of Women, Peace, and Security 53-66 (Sara E. Davies & Jacqui True, eds., Oxford University Press, 2019)
February 15, 2019
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– Wayfair Undermines Nicastro: The Constitutional Connection Between State Tax Authority and Personal Jurisdiction, 128 Yale Law Journal Forum 724 (2019)
| SSRNFebruary 6, 2019
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– Review Essay, 55 James Joyce Quarterly 213 (2018) (reviewing Joyce and the Law (Jonathan Goldman, ed., University of Florida Press, 2017)
February 6, 2019
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– Between Reparations and Repair: Assessing the Work of the ICC Trust Fund for Victims Under Its Assistance Mandate, 19 Chicago Journal of International Law 490 (2019)
| SSRNJanuary 31, 2019
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– Public Utilities and Transportation Electrification, 104 Iowa Law Review 545 (2019)
| SSRNJanuary 29, 2019
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– Three Legislative Paths to Social Enterprise: L3Cs, Benefit Corporations, and Second Generation Cooperatives, in The Cambridge Handbook of Social Enterprise Law (Benjamin Means & Joseph W. Yockey, eds., Cambridge University Press, 2019)
January 28, 2019