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.
– A Partial Defense of the IRS as Health Care Agency, 7 Columbia Journal of Tax Law 123 (2016)
– Pursuing a Single Mission (or Something Closer to It) for the IRS, 7 Columbia Journal of Tax Law 169 (2016)
– Sentencing Policies and Practices in Western Countries: Comparative and Cross-National Perspectives (University of Chicago Press, 2016) (editor)
– Sentencing Policies and Practices in Minnesota, in Oxford Handbooks Online: Criminology & Criminal Justice (Oxford University Press, 2016)
– What's the Relationship Between Labor Arbitrators' Backgrounds and Outcomes of Discipline and Discharge Awards? An Empirical Analysis, 31 ABA Journal of Labor & Employment Law 433 (2016)
– The Cloak and Dagger Game of Derogation, in Human Rights in Emergencies 124-147 (Evan J. Criddle, ed., Cambridge University Press, 2016)
– Educating Lawyer-Leaders: The Mechanics and Artistry of Case Study Teaching and Discussion Leadership, 83 Tennessee Law Review 729 (2016)
– Neuroscientific Evidence as Instant Replay, 3 Journal of Law and the Biosciences 343 (2016)
– Patriarchy, Sexual Freedom, and Gender Equality as Causes of Rape, 13 Ohio State Journal of Criminal Law 299 (2016)
– Peer Commentary: In Vitro Gametogenesis: Just Another Way to Have a Baby, 3 Journal of Law and the Biosciences 673 (2016)
– Restoring the Promise of the Shareholder Derivative Suit, 50 Georgia Law Review 327 (2016)
– Economic Ideology and the Rise of the Firm as a Criminal Enterprise, 49 Akron Law Review 371 (2016)
– Sharing Residual Liability: ‘Cheapest Cost Avoider’ Revisited, 45 Journal of Legal Studies 173-202 (2016)
– Gordon Tullock and the Virginia School of Law and Economics, 28 Constitutional Political Economy 48-61 (2017)
– A Consequential Justice, 101 Minnesota Law Review Headnotes 1 (2016)
– Neurolegislation: How U.S. Legislators Are Using Brain Science, 29 Harvard Journal of Law & Technology 495 (2016)
– Metaphysical Realism and Legal Reasoning, in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore 311-321 (Kimberly Kessler Ferzan & Stephen J. Morse, eds., Oxford University Press, 2016)
– Public Enforcement Compensation and Private Rights, 100 Minnesota Law Review 2313 (2016)
– Trademarks, Unfair Competition, and Business Torts (Wolters Kluwer, 2011; 2d ed., 2016) (and accompanying teacher's manual)
– No Longer a Neutral Magistrate: The Foreign Intelligence Surveillance Court in the Wake of the War on Terror, 100 Minnesota Law Review 2251 (2016)
– The Promise and Perils of Top-Down Capital Regulation, 55 Washburn Law Journal 385 (2016)
– A Comparative Law and Economics Analysis of Damages for Patent Infringement, in Comparative Law and Economics 262 (Theodore Eisenberg & Giovanni B. Ramello, eds., Edward Elgar Publishing, 2016)
– Marriage and the Marital Presumption Post-Obergefell, 84 UMKC Law Review 663 (2016)
– Invisible Inequality: The Two Americas of Military Sacrifice, 46 University of Memphis Law Review 545 (2016)
– Same-Sex Marriage and Title VII, 56 Santa Clara Law Review 207 (2016)
– Buyers in the Baby Market: Toward a Transparent Consumerism, 91 Washington Law Review 71 (2016)
– Optimal Liability for Optimistic Tortfeasors, 41 European Journal of Law and Economics 559-474 (2016)
– Sociology of Law, in Institutions Unbound: Social Worlds and Human Rights 97-106 (David L. Brunsma, Keri E. Iyall Smith & Brian K. Gran, eds., Routledge, 2016)