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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– What Both Hart and Fuller Got Wrong, 11 Wake Forest Law Review Online 54 (2021)
| SSRNJune 12, 2021
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– Green Boardrooms?, 53 Connecticut Law Review 335 (2021)
| SSRNJune 11, 2021
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– Family Law and Emotion, in Research Handbook on Law and Emotion (Susan A. Bandes, Jody L. Madeira, Kathryn D. Temple & Emily Kidd White, eds., Edward Elgar, 2021)
June 6, 2021
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– Teaching Law and Artificial Intelligence, 22 Minnesota Journal of Law, Science & Technology 23 (2021)
| SSRNJune 5, 2021
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– Digital Disease Surveillance, 70 American University Law Review 1511 (2021)
| SSRNJune 1, 2021
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– A Tale of Two Cities: Reflections on Robinson’s Twinning of International Criminal Law and Criminal Law Theory, 35 Temple International & Comparative Law Journal 25 (2021) (Book Symposium)
| SSRNMay 21, 2021
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– Catalyzing Privacy Law, 105 Minnesota Law Review 1733 (2021)
| SSRNMay 20, 2021
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– Media Leak Prosecutions and the Biden-Harris Administration: What Lies Ahead?, 2021 University of Illinois Law Review Online 121 (2021)
May 11, 2021
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– Damages for Noneconomic Harm in Intellectual Property Law, 72 Hastings Law Journal 1055 (2021)
| SSRNMay 3, 2021
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– The Role of Courts in the Evolution of Standard Form Contracts: An Insurance Case Study, 46 Brigham Young University Law Review 471 (2020)
| SSRNApril 28, 2021
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– Energy Transitions in the Trump Administration and Beyond, 51 Environmental Law 241 (2021) (distinguished lecture essay)
| SSRNApril 25, 2021
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– Uncoupling, 53 Arizona State Law Journal 1 (2021)
| SSRNApril 17, 2021
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– Protestant Interpretation, Conventions, and Legal Truth, in Philosophy of Law as an Integral Part of Philosophy: Essays on the Jurisprudence of Gerald J. Postema 147-156 (Thomas Bustamante & Thiago Lopes Decat, eds., Hart Publishing, 2020)
April 9, 2021
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– Is Global Frand Litigation Spinning Out of Control?, 2021 Patently-O Patent Law Journal 1 (2021)
April 2, 2021
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– Jurisprudence and Legal Theory, in Research Handbook on Modern Legal Realism 478-488 (Shauhin Talesh, Elizabeth Mertz & Heinz Klug, Evjue-Bascom, eds., Edward Elgar Publishing, 2021)
April 2, 2021
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– Joseph Raz’s Approach to Legal Positivism, in The Cambridge Companion to Legal Positivism 349-370 (Torben Spaak & Patricia Mindus, eds., Cambridge University Press, 2021)
March 19, 2021
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– The Normativity of Law, in The Cambridge Companion to Legal Positivism 585-605 (Torben Spaak & Patricia Mindus, eds., Cambridge University Press, 2021)
March 19, 2021
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– The Special Criminal Court: A Conveyor Belt of Exceptionality, in The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act? 59-71 (Mark Coen, ed., Hart Publishing, 2021)
March 14, 2021
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– Law and Neuroscience (Aspen Publishers, 2d ed., 2021) (coursebook)
| SSRNFebruary 26, 2021
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– Advanced Introduction to Empirical Legal Research (Edward Elgar, 2021)
February 18, 2021
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– Categorizing Chevron, 81 Ohio State Law Journal 611 (2020)
| SSRNFebruary 9, 2021
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– Narrowing Chevron’s Domain, 70 Duke Law Journal 931 (2021)
| SSRNFebruary 9, 2021
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– Employment Law and Practice (Thomson Reuters, 4th ed., 2020)
January 22, 2021
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– On the Sanctity of Borders: A Response to “Getting Ready”, 32 Irish Studies in International Affairs 44 (2021)
January 13, 2021
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– Like “Nobody Has Ever Seen Before”: Precedent and Privilege in the Trump Era, 95 Chicago-Kent Law Review 519 (2020)
| SSRNDecember 23, 2020
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– CRISPR and the Future of Fertility Innovation, 23 SMU Science and Technology Law Review 31 (2020)
December 16, 2020
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– Should Defense Counsel Start Focusing on Volatile Memory?, 37 (issue 10) Computer & Internet Lawyer 10 (Nov./Dec. 2020)
December 8, 2020
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– Can Failing to Preserve Volatile Memory Evidence Ever Be in Bad Faith?, 38 (issue 1) Computer & Internet Lawyer 8 (Jan. 2021)
December 8, 2020
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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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– Prospects and Challenges for the Rule of Law, 4 Modern Legal Practice 54 (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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– 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 Patently-O Patent Law Journal 1 (2020)
September 25, 2020
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– Quantifying Reasonable Doubt, 72 Rutgers University Law Review 455 (2020)
| SSRNSeptember 25, 2020