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.
-
– Aging Judges, 81 Ohio State Law Journal 235 (2020)
| SSRNJuly 2, 2020
-
– Doing Justice, Preventing Crime (Oxford University Press, 2020)
June 26, 2020
-
– Developing an Ethics Framework for Allocating Remdesivir in the COVID-19 Pandemic, 95 Mayo Clinic Proceedings (published online June 20, 2020)
June 25, 2020
-
– Eminent Domain Law as Climate Policy, 2020 Wisconsin Law Review 49 (2020)
| SSRNJune 25, 2020
-
– Ethical Issues Posed by Field Research Using Highly Portable and Cloud-Enabled Neuroimaging, 105 Neuron 771-775 (2020)
June 25, 2020
-
– From Genetics to Genomics: Facing the Liability Implications in Clinical Care, 48 Journal of Law, Medicine & Ethics 11-43 (2020) (for the LawSeq Liability Task Force)
June 25, 2020
-
– How Can Law and Policy Advance Quality in Genomic Analysis and Interpretation for Clinical Care?, 48 Journal of Law, Medicine & Ethics 44-68 (2020) (for the LawSeq Quality Task Force)
June 25, 2020
-
– Integrating Rules for Genomic Research, Clinical Care, Public Health Screening and DTC Testing: Creating Translational Law for Translational Genomics, 48 Journal of Law, Medicine & Ethics 69-86 (2020) (for the LawSeq Framework Task Force)
June 25, 2020
-
– Key Expert Stakeholder Perceptions of the Law of Genomics: Identified Problems and Potential Solutions, 48 Journal of Law, Medicine & Ethics 87–104 (2020)
June 25, 2020
-
– General-Purpose Privacy Regulation and Translational Genomics, 48 Journal of Law, Medicine & Ethics 142 (2020)
June 25, 2020
-
– The Gender of Occupation, 45 Yale Journal of International Law 336 (2020)
June 23, 2020
-
– Towards A Civil Rights Approach to Insurance Anti-Discrimination Law, 69 DePaul Law Review 657 (2020)
| SSRNJune 8, 2020
-
– Reinforcing the Infrastructure of Legal Research Through Court-Authored Metadata, 112 Law Library Journal 5 (2020) (recipient of the 2019 AALL/LexisNexis Call for Papers Award)
| SSRNJune 5, 2020
-
– A Consumer Guide to Empirical Family Law, 95 Notre Dame Law Review 1593 (2020)
June 4, 2020
-
– Double Standards: An Empirical Study of Patent and Trademark Discipline, 61 Boston College Law Review 1613 (2020)
| SSRNJune 4, 2020
-
– American Nero: The History of the Destruction of the Rule of Law, and Why Trump Is the Worst Offender (BenBella Books, 2020)
June 2, 2020
-
– Democracy and Family, in Stating the Family: New Directions in the Study of American Politics (Julie Novkov & Carol Nackenoff, eds., University Press of Kansas, 2020)
May 18, 2020
-
– Judicial Selection in the States: Politics and the Struggle for Reform (Cambridge University Press, 2020)
May 4, 2020
-
– Bad Agent, Good Citizen?, 88 Fordham Law Review 1631 (2020)
| SSRNMay 4, 2020
-
– Volatile Computer Memory Evidence: Forensics Issues, 37 (issue 3) The Computer & Internet Lawyer 6 (Mar. 2020)
May 3, 2020
-
– A Brief History of Memory Forensics, How Volatile Computer Memory Works, and Malware and Volatile Memory, 37 (issue 4) The Computer & Internet Lawyer 8 (Apr. 2020)
May 3, 2020
-
– Proxy Discrimination in the Age of Artificial Intelligence and Big Data, 105 Iowa Law Review 1257 (2020)
| SSRNApril 27, 2020
-
– Penal Policy and the Rule of Law in Disrupted Societies, in Kriminológia és Kriminálpolitika a Jgállam Szolgálatában (Criminology and Criminal Policy Serving the Rule of Law) (Petra Bárd, Andrea Borbíró & Katalin Gönczöl, eds., ELTE Eötvös Kiadó, 2019)
April 21, 2020
-
– The Public Use Clause in an Age of U.S. Natural Gas Exports, 72 Stanford Law Review Online 103 (2020)
April 15, 2020
-
– “Tone at the Top” and the Communication of Corporate Values: Lost in Translation?, 43 Seattle University Law Review 497 (2020)
April 6, 2020
-
– The Problem with Predators, 43 Seattle University Law Review 441 (2020)
| SSRNApril 6, 2020
-
– Regulating the Energy “Free Riders,” 100 Boston University Law Review 581 (2020)
| SSRNMarch 28, 2020
-
– Race, Rights and the Representation of Children, 69 American University Law Review 743 (2020)
March 22, 2020
-
– Race, Politics, and the Criminalizing of Juvenile Justice: Changing Conceptions of Adolescents’ Competence and Culpability, in Criminal Justice Theory: Explanation and Effects (Cecilia Chouhy, Joshua C. Cochran & Cheryl Lero Jonson, eds., Routledge, 2020)
March 22, 2020
-
– A Faustian Bargain That Undermines Research Participants’ Privacy Rights and Return of Results, 71 Florida Law Review 1281-1345 (2019)
| SSRNMarch 2, 2020
-
– Blackstonian Marriage, Gender, and Cohabitation, 51 Arizona State Law Journal 1247 (2019)
| SSRNFebruary 27, 2020
-
– Foucault’s Toolbox: Use of Foucault’s Writings in LIS Journal Literature, 1990–2016, 76 Journal of Documentation 689 (2020)
February 19, 2020
-
– Assessing the Impact of Police Body Camera Evidence on the Litigation of Excessive Force Cases, 54 Georgia Law Review 1 (2019) (reviewed in Mary Fan, Does Video Evidence Make A Difference in Excessive Force Cases?, JOTWELL: The Journal of Things We Like (Lots) (2020))
| SSRNFebruary 19, 2020
-
– Women, Rule-Breaking, and the Triple Bind, 87 George Washington Law Review 1105 (2019)
February 14, 2020
-
– Demystifying Patent Holdup, 76 Washington and Lee Law Review 1501 (2019)
| SSRNJanuary 30, 2020
-
– Fractured Justice: An Experimental Study of Pretrial Judicial Decision-Making, 88 University of Cincinnati Law Review 365 (2019)
| SSRNJanuary 29, 2020
-
– Energy and Eminent Domain, 104 Minnesota Law Review 659 (2019)
| SSRNJanuary 22, 2020
-
– Parole Release and Supervision: Critical Drivers of American Prison Policy, 3 Annual Review of Criminology 281 (2020)
January 22, 2020
-
– How Can Law Support Development of Genomics and Precision Medicine to Advance Health Equity and Reduce Disparities?, 29(Suppl 3) Ethnicity & Disease 623-28 (2019)
January 9, 2020
-
– Migrants, Migration Policies, and International Business Research: Current Trends and New Directions, 2 Journal of International Business Policy 275–288 (2019)
| SSRNJanuary 9, 2020
-
– Energy Law (Concepts and Insights Series) (Foundation Press, 2017; 2d ed., 2020)
December 19, 2019
-
– Jurisprudence: Theory and Context, (Sweet & Maxwell (UK), Carolina Academic Press (US), 1st ed., 1996; 2d ed., 1999; 3d ed., 2003; 4th ed., 2006; 5th ed., 2009; 6th ed., 2012; 7th ed., 2015; 8th ed., 2019; translated into Chinese (Law Press, 2007), Greek (Kritiki Publications, 2007), and Spanish (Universidad Nacional Autonoma de Mexico, 2010)
December 16, 2019
-
– Waismann, Wittgenstein, Hart, and Beyond: The Developing Idea of “Open Texture” of Language and Law, in Friedrich Waismann: The Open Texture of Analytic Philosophy 245-260 (Dejan Makovec & Stewart Shapiro, eds., Palgrave Macmillan, 2019)
December 13, 2019
-
– Regulating Entities and Activities: Complementary Approaches to Nonbank Systemic Risk, 92 Southern California Law Review 1455 (2019)
| SSRNDecember 11, 2019
-
– Generalizable Architectures and Principles of Informatics for Scalable Personalized and Precision Medicine (PPM) Decision Support, in Personalized and Precision Medicine Informatics: A Workflow-Based View 277-303 (Terrence Adam & Constantin Aliferis, eds., Springer, 2020)
November 25, 2019
-
– The Gut Microbiome: Patent Landscape, 30(6) Agro FOOD Industry Hi Tech 14 (2019)
November 21, 2019
-
– Remedies in U.S. Patent Law (LawCarta, 2019)
November 14, 2019
-
– What Exactly Is the Rule of Law?, 57 Houston Law Review 185 (2019)
October 23, 2019
-
– Of One-Eyed and Toothless Miscreants: Making the Punishment Fit the Crime? (Oxford University Press, 2019) (editor)
October 22, 2019
-
– Is Proportionality in Punishment Possible, and Achievable?, in Of One-Eyed and Toothless Miscreants: Making the Punishment Fit the Crime? (Michael Tonry, ed., Oxford University Press, 2019)
October 21, 2019