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)
– 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)
– 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.
– Trademarks and the Boundaries of the Firm, 51 William & Mary Law Review 345 (2010)
– 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)
– 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)
– 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)