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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– Prospects and Challenges for the Rule of Law, 4 Modern Legal Practice 54 (2020)
September 28, 2020
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– Organized Crime: Less Than Meets the Eye, 49 Crime and Justice 1-16 (2020)
September 28, 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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– 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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– 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) (co-editor)
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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– Law and Economics as We Grow Younger, 16 Review of Law and Economics 1-20 (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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– Productive and Unproductive Competition: A Unified Framework, 36 Economia Politica 785-804 (2019)
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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– 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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– 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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– 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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– 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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– 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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– In re T.J.S., 54 A.3d 263 (N.J. 2012): 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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– 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
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– Prison-Release Reform and American Decarceration, 104 Minnesota Law Review 2741 (2020)
July 17, 2020
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– State Individual Income Tax Conformity in Practice: Evidence from the Tax Cuts & Jobs Act, 11 Columbia Journal of Tax Law 57 (2019)
July 17, 2020
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– A Unified Approach to Erie Analysis for Federal Statutes, Rules, and Common Law, 10 UC Irvine Law Review 1101 (2020)
| SSRNJuly 15, 2020
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– Aging Judges, 81 Ohio State Law Journal 235 (2020)
| SSRNJuly 2, 2020
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– Doing Justice, Preventing Crime (Oxford University Press, 2020)
June 26, 2020
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– Eminent Domain Law as Climate Policy, 2020 Wisconsin Law Review 49 (2020)
| SSRNJune 25, 2020
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– Developing an Ethics Framework for Allocating Remdesivir in the COVID-19 Pandemic, 95 Mayo Clinic Proceedings (published online June 20, 2020)
June 25, 2020
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– Ethical Issues Posed by Field Research Using Highly Portable and Cloud-Enabled Neuroimaging, 105 Neuron 771-775 (2020)
June 25, 2020
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– 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
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– 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
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– 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
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– 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
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– General-Purpose Privacy Regulation and Translational Genomics, 48 Journal of Law, Medicine & Ethics 142 (2020)
June 25, 2020
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– The Gender of Occupation, 45 Yale Journal of International Law 335 (2020)
| SSRNJune 23, 2020