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.
– Justification Norms Under Uncertainty: A Preliminary Inquiry, 17 Connecticut Insurance Law Journal 27 (2010)
– Comment, Life in the Fast Lane: Of Presumptions, Defenses, and Burdens, 1 IP Theory 25 (2010)
– Women, Vulnerability, and Humanitarian Emergencies, 18 Michigan Journal of Gender & Law 1 (2011)
– Of Mises and Min(sky): Libertarian and Liberal Responses to Financial Crises Past and Present, 34 Seattle University Law Review 1279 (2011)
– Regulatory Contrarians, 89 North Carolina Law Review 1629 (2011)
– Agency-Specific Precedents: Rational Ignorance or Deliberate Strategy, 89 Texas Law Review See Also 89 (2011)
– Compromised Fiduciaries: Conflicts of Interest in Government and Business, 95 Minnesota Law Review 1637 (2011)
– Let's Try This Again: The ADA Amendments Act of 2008 Attempts to Reinvigorate the "Regarded As" Prong of the Statutory Definition of Disability, 2010 Utah Law Review 993 (2010)
– Natural Law Theory, in A Companion to the Philosophy of Law and Legal Theory 211-227 (Dennis Patterson, ed., Wiley-Blackwell, 2d ed., 2010)
– Private Ordering and Family Law, 23 Journal of the American Academy of Matrimonial Lawyers 249 (2010), excerpted in Judith Areen, Marc Spindelman & Philomila Tsoukala, Family Law: Cases and Materials (Foundation Press, 6th ed., 2012)
– Legal Reasoning, the Rule of Law and Legal Theory, in The Hart-Fuller Debate in the Twenty-First Century 281-287 (Peter Cane, ed., Hart, 2010)
– Setting Optimal Rules for Shareholder Proxy Access, 43 Arizona State Law Journal 67 (2011)
– Berle's Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, 33 Seattle University Law Review 1173-1199 (2010)
– Why Didn't Subprime Investors Demand a (Much Larger) Lemons Premium?, 74 Law and Contemporary Problems 47 (2011)
– An Experiment in Legal Education: Simulating ADR Processes in the Capstone Course on Labor and Employment Law, 66 Dispute Resolution Journal 1 (2011)
– Retrieving Retributivism, in Retributivism: Essays on Theory and Policy 3-24 (Mark D. White, ed., Oxford University Press, 2011)
– Responsibility, Citizenship, and Criminal Law, in Philosophical Foundations of Criminal Law 125-148 (R.A. Duff & Stuart P. Green, eds., Oxford University Press, 2011)
– Introduction: Searching for Foundations, in Philosophical Foundations of Criminal Law 1-18 (R.A. Duff & Stuart P. Green, eds., Oxford University Press, 2011)
– Philosophical Foundations of Criminal Law (Oxford University Press, 2011) (co-editor)
– Mrs. McIntyre's Persona: Bringing Privacy Theory to Election Law, 19 William & Mary Bill of Rights Journal 859 (2011)
– Mahr Agreements: Contracting in the Shadow of Family Law (and Religious Law)--A Comment on Oman's Article, 1 Wake Forest Law Review Common Law 61 (2011)
– Keeping PACE?: The Case Against Property Assessed Clean Energy Financing Programs, 83 University of Colorado Law Review 83 (2011)
– The Invisible Hand of Preacquired Account Marketing, 47 Harvard Journal on Legislation 425 (2010)
– Constitutional Spaces, 95 Minnesota Law Review 1168 (2011)
– Impersonal Jurisdiction, 60 Emory Law Journal 1 (2010)
– Gendering Constitutional Design in Post-Conflict Societies, 17 William & Mary Journal of Women and the Law 509 (2011)
– IP Misuse and Innovation Harm, 96 Iowa Law Review Bulletin 52 (2011)
– The Process of Balancing, 45 Tulsa Law Review 733 (2010) (reviewing Laura K. Donohue, The Cost of Counterterrorism: Power, Politics, and Liberty (Cambridge University Press, 2008) and James E. Baker, In the Common Defense: National Security Law for Perilous Times (Cambridge University Press, 2007)) (review essay)
– Law and Economics: The Comparative Law and Economics of Frustration in Contracts, in Unexpected Circumstances in European Contract Law 33-51 (Ewoud Hondius & Hans Christoph Grigoleit, eds., Cambridge University Press, 2011) (commissioned); translated into Spanish, Comparacion Juridica y Economica de la Frustracion Contractual, 41 Ius Et Veritas (2012)