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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– Affordable Content in Legal Education, 112 Law Library Journal 301 (2020)
| SSRNDecember 3, 2020
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– Forgotten Borrowers: Protecting Private Student Loan Borrowers Through State Law, 11 UC Irvine Law Review 43 (2020)
| SSRNNovember 27, 2020
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– Family Law: Values Beyond Choice and Autonomy?, Law and Philosophy (published online Nov. 21, 2020)
November 24, 2020
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– Asylum Under Attack: Is It Time for A Constitutional Right?, 26 Buffalo Human Rights Law Review 147 (2020)
| SSRNNovember 24, 2020
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– Separate Judicial Speech, 61 Virginia Journal of International Law 1 (2020)
November 11, 2020
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– Stewart Macaulay and the Law of Contract, in Stewart Macaulay: Selected Works 3-14 (David Campbell, ed., Springer, 2020)
November 3, 2020
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– Pandemics as Rights-Generators, 114 American Journal of International Law 677 (2020)
October 26, 2020
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– Assets & Finance: Intellectual Property in Mergers and Acquisitions (Thomson West, 2020)
October 20, 2020
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– Determining the Perspective of a Reasonable Police Officer: An Evidence-Based Proposal, 65 Villanova Law Review 585 (2020)
| SSRNOctober 7, 2020
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– Organized Crime: Less Than Meets the Eye, 49 Crime and Justice 1-16 (2020)
October 5, 2020
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– Organizing Crime: Mafias, Markets, and Networks (University of Chicago Press, 2020) (co-editor)
October 5, 2020
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– RAM Dumps, Hash Algorithms, Smearing, Encryption, and Order of Volatility, 37 (issue 6) The Computer & Internet Lawyer 8 (June 2020)
October 4, 2020
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– The Importance of Volatile Computer Memory Evidence, the Tradeoffs Between Acquiring Potential Evidence from Volatile Memory on a Running Computer, and the Defense Perspective, 37 (issue 9) The Computer & Internet Lawyer 5 (Oct. 2020)
October 4, 2020
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– Emergency’s Challenges, in Constitutionalism Under Extreme Conditions: Law, Emergency, Exception 427-452 (Richard Albert & Yaniv Roznai, eds., Springer, 2020)
September 29, 2020
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– Return of Results in Participant-Driven Research: Learning from Transformative Research Models, 48: 1(Supp) Journal of Law, Medicine & Ethics 159-166 (2020)
September 29, 2020
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– The Intersectionality of Age and Gender on the Bench: Are Younger Female Judges Harsher with Serious Crimes?, 40 Columbia Journal of Gender and Law 128 (2020)
September 29, 2020
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– A Roadmap for Precision Medicine Research Recruitment: Empirical Assessment of the Public’s Willingness to Participate, 17 Personalized Medicine 345-359 (2020)
September 28, 2020
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– Ethical Challenges Arising in the COVID-19 Pandemic: An Overview from the Association of Bioethics Program Directors (ABPD) Task Force, 20:7 The American Journal of Bioethics 15-27 (2020)
September 28, 2020
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– Prospects and Challenges for the Rule of Law, 4 Modern Legal Practice 54 (2020)
September 28, 2020
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– Comment on “Accuracy in Public Law Enforcement under Political Competition,” 27 Supreme Court Economic Review 213-218 (2019)
| SSRNSeptember 25, 2020
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– Quantifying Reasonable Doubt, 72 Rutgers University Law Review 455 (2020)
| SSRNSeptember 25, 2020
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– Insurance Law and Regulation: Cases and Materials (Foundation Press, 6th ed., 2015; 7th ed., 2020)
September 25, 2020
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– Two Errors in the Ninth Circuit’s Qualcomm Opinion, 2020 PatentlyO Patent Law Journal 1 (2020)
September 25, 2020
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– Multiple Causes and Stacked Inferences: Comment, 176 Journal of Institutional and Theoretical Economics 73-78 (2020)
September 25, 2020
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– Law and Economics as We Grow Younger, 16 Review of Law and Economics 1-20 (2020)
September 25, 2020
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– Productive and Unproductive Competition: A Unified Framework, 36 Economia Politica 785-804 (2019)
September 25, 2020
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– The Compelling Case for Low-Violence-Risk Preclusion in American Prison Policy, 38 Behavioral Sciences & the Law 207 (2020)
September 25, 2020
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– Deterrence of Wrongdoing in Ancient Law, in Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes 347-378 (Giuseppe Dari-Mattiacci & Dennis P. Kehoe, eds., Oxford University Press, 2020)
September 25, 2020
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– The Limits of Equality and Gender Discourses in Counter-Terrorism: The Case of Women and Children in Syria and Iraq, 29 Minnesota Journal of International Law 7 (2020)
| SSRNSeptember 18, 2020
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– The Inner and Outer Limits of Gendered Transitional Justice, 55 Éire-Ireland 279 (2020)
September 18, 2020
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– Mandated Information – Reporting, in Policy Instruments in Environmental Law 308 (Kenneth R. Richards & Josephine van Zeben, eds., Edward Elgar Publishing, 2020)
September 11, 2020
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– Teachings of Publicists and the Reinvention of the Sources Doctrine in International Criminal Law, in The Oxford Handbook of International Criminal Law 106 (Kevin Jon Heller, Frédéric Mégret, Sarah M H Nouwen, Jens David Ohlin & Darryl Robinson, eds., Oxford University Press, 2020)
September 11, 2020
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– Academic Law Libraries Within the Changing Landscape of Legal Education: A Primer for Deans and Provosts (William S. Hein Co., 2020) (co-editor)
September 10, 2020
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– Hiring for the “Right Stuff” for Institutional Success, in Academic Law Libraries Within the Changing Landscape of Legal Education: A Primer for Deans and Provosts 53 (Michelle Wu, Scott Pagel & Joan S. Howland, eds., William S. Hein & Co., 2020)
September 10, 2020
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– Federal Administrative Law: Cases and Materials (Foundation Press, 2010; 2d ed., 2014; 3d ed., 2020)
September 9, 2020
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– Sentencing Guidelines in American Courts: A Forty-Year Retrospective, 32 Federal Sentencing Reporter 109-123 (2019)
September 8, 2020
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– Fundamentals of Property Law (Carolina Academic Press, 5th ed., 2020)
September 7, 2020
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– Borelli v. Brusseau, 12 Cal. App. 4th 647 (1993): Commentary, in Feminist Judgments: Family Law Opinions Rewritten (Rachel Rebouché, ed., Cambridge University Press, 2020)
September 7, 2020
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– Diploma Privilege and the Constitution, 73 SMU Law Review Forum 168 (2020)
| SSRNSeptember 7, 2020
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– On the Economics of Injunctions in Patent Cases, 11 Zeitschrift für Geistiges Eigentum/Intellectual Property Journal 293 (2019)
September 7, 2020
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– Same-Sex and Different-Sex Relationships: Is it Time for Convergence?, in International Survey of Family Law 2019 (Margaret Brinig, ed., Intersentia, 2019)
| SSRNSeptember 6, 2020
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– The Failure of Youth Sports Concussion Laws and the Limits of Legislating Health Education, 19 Yale Journal of Health Policy, Law & Ethics 1 (2019)
September 5, 2020
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– ADR in the Workplace (West Academic Publishing, 4th ed., 2020)
September 3, 2020
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– A Critique of Alexy’s Claim to Correctness, 33 Ratio Juris 124 (2020)
September 3, 2020
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– Some Heretical Thoughts on Legal Normativity, in Contemporary Perspectives on Legal Obligation 68-81 (Stefano Bertea, ed., Routledge, 2020)
September 1, 2020
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– Reforming Fee Regimes and the Cost of Civil Justice, in The Justice Crisis: The Cost and Value of Accessing Law 267-286 (Trevor C.W. Farrow & Lesley A. Jacobs, eds., UBC Press, 2020)
August 31, 2020
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– How Should Non-Probate Transfers Matter in Intestacy?, 53 U.C. Davis Law Review 2207 (2020)
August 20, 2020
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– Reflections on Truth in Law, 8 Cosmos + Taxis 35 (2020)
July 29, 2020
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– Repetition, Ritual, and Reputation: How Do Market Participants Deal with (Some Types of) Incomplete Information?, 2020 Wisconsin Law Review 515 (2020)
| SSRNJuly 25, 2020
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– Can Sentencing Guidelines Commissions Help States Substantially Reduce Mass Incarceration?, 104 Minnesota Law Review 2781 (2020)
July 17, 2020