Faculty Recent Publications

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.

Punishing Race: A Continuing American Dilemma (Oxford University Press, 2011)
– Why Courts Pierce: An Empirical Study of Piercing the Corporate Veil, 7 Berkeley Business Law Journal 1 (2010)
Why Punish? How Much?: A Reader on Punishment (Oxford University Press, 2011) (editor)
– The Questionable Relevance of Previous Convictions to Punishments for Later Crimes, in Previous Convictions at Sentencing: Theoretical and Applied Perspectives (Julian V. Roberts & Andrew von Hirsch, eds., Hart Pub., 2010)
– Prior-conviction Sentencing Enhancements: Rationales and Limits Based on Retributive and Utilitarian Proportionality Principles and Social Equality Goals, in Previous Convictions at Sentencing: Theoretical and Applied Perspectives 117-136 (Julian V. Roberts & Andrew von Hirsch, eds., Hart Pub., 2010)
– The Illusion of Proportionality: Desert and Repeat Offenders, in Previous Convictions at Sentencing: Theoretical and Applied Perspectives (Julian V. Roberts & Andrew von Hirsch, eds., Hart Pub., 2010)
– Initial Thoughts on Essential Health Benefits, 2010 New York University Review of Employee Benefits and Executive Compensation 1B (2010)
Corporate Counselor's Business Handbook (Aspen Publishers, 2010) (Supps. 2012, 2013, 2014, 2015, 2016)
– Learning the Lessons: What Feminist Legal Theory Teaches International Human Rights Law and Practice, in Transcending the Boundaries of Law: Generations of Feminism and Legal Theory 281-289 (Martha Albertson Fineman, ed., Routledge, 2010)
Ira M. Ellman
,
Paul Kurtz
,
Lois A. Weithorn
,
Karen Czapanskiy
&
Maxine Eichner
Family Law: Cases, Text, Problems (LexisNexis, 5th ed., 2010)
– Transformative Use and Cognizable Harm, 12 Vanderbilt Journal of Entertainment and Technology Law 701 (2010)
– The Essential Facilities Doctrine, in Antitrust Law and Economics 157 (Keith N. Hylton, ed., Edward Elgar Publishing, 2010)
Kenneth S. Abraham
Healthcare Supplement to Abraham's Insurance Law and Regulation (Foundation Press, 5th ed., 2010) (co-editor)
– President Obama's Progress in Government Ethics, 26 Constitutional Commentary 195-213 (2010)
– In Defense of Waiver and Youthfulness as a Mitigating Factor in Sentencing, in Contemporary Issues in Criminal Justice Policy: Policy Proposals from the American Society of Criminology Conference (Natasha A. Frost, Joshua D. Freilich & Todd R. Clear, eds., Wadsworth, Cengage Learning, 2010.
Dan L. Burk
– Trademarks and the Boundaries of the Firm, 51 William & Mary Law Review 345 (2010)
&
Shelly Schaefer
– The Right to Counsel in Juvenile Court: Law Reform to Deliver Legal Services and Reduce Justice by Geography, 9 Criminology & Public Policy 327 (2010)
– A Burkean Perspective on Patent Eligibility, Part II: Reflections on the (Counter)Revolution in Patent Law, 11 Minnesota Journal of Law, Science & Technology 365 (2010)
&
Irina Dmitrieva
– Integrating the Right of Publicity with First Amendment and Copyright Preemption Analysis, 33 Columbia Journal of Law & the Arts 165 (2010)
– Bringing Manufactured Housing into the Real Estate Finance System, 37 Pepperdine Law Review 427 (2010)
– Juvenile Justice Swedish-Style: A Rose by Another Name?, 11 Justice Quarterly 625 (1994)
Juvenile Justice Administration in a Nutshell (Thomson/West Publishing, 1st ed., 2003; 2d ed., 2009; West Academic Publishing, 3d ed., 2014); translated into Chinese (2012)
– A Burkean Perspective on Patent Eligibility, 22 Berkeley Technology Law Journal 855 (2007)
– Toward a Functional Definition of Publication in Copyright Law, 92 Minnesota Law Review 1724 (2008)
– Fair Use and Copyright Overenforcement, 93 Iowa Law Review 1271 (2008)
– Misuse, 44 Houston Law Review 901 (2007)
– Takings and Trespass: Trespass Liability for Precondemnation Entries, 56 Drake Law Review 341 (2008)
Law and the Borders of Belonging in the Long Nineteenth Century United States (Cambridge University Press, 2010)
– A Professional Response to Demands for Accountability: Practical Recommendations Regarding Ethical Aspects of Patient Care, 124 Annals of Internal Medicine 240-49 (1996) (with Linda L. Emanuel for the Working Group on Accountability) (Working Group member)
– Learning to Teach Gender, Race, Class and Heterosexism: Challenge in the Classroom and Clinic, 3 Hastings Women's Law Journal 161 (1992)