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.
– Remembering Judge Weinfeld, in Edward Weinfeld: A Judicious Life 92 (Federal Bar Foundation, 1998)
– Labor Law and the Double-Breasted Employer: A Critique of the Single Employer and Alter Ego Doctrines and a Proposed Reformulation, 1987 Wisconsin Law Review 67 (1987)
– Lovers' Contracts in the Courts: Forsaking the Minimum Decencies, 13 William & Mary Journal of Women and the Law 349 (2007)
– Beyond the Rhetoric of the NAFTA Treaty Debate: A Comparative Analysis of Labor and Employment Law in Mexico and the United States, 17 Comparative Labor Law Journal 269 (1996), reprinted in 18 Berkeley Journal of Employment and Labor Law 176 (1997)
– The Sounds of Silence: The Libertarian Ethos of ERISA Preemption, 52 Florida Law Review 1 (2000)
– Revisiting the Black Hole of Workplace Regulation: A Historical and Comparative Perspective of Contingent Work, 24 Berkeley Journal of Employment and Labor Law 153 (2003)
– The Labor and Employment Law Decisions of the Supreme Court's 2003-04 Term, 20 Labor Lawyer 177 (2004)
– Employment Law and Practice (West Publishing, 1st. ed., 1995) (Supps. 1997, 1998, 1999, 2000, 2001, 2002)
– Premarital and Postmarital Agreements in Minnesota, 51 Bench & Bar of Minnesota 25 (Dec. 1994)
– Within the Grasp of the Cat's Paw: Delineating the Scope of Subordinate Bias Liability Under Federal Anti-Discrimination Statutes, 60 South Carolina Law Review 383 (2008)
– Post-Divorce Visitation For Infants and Young Children: The Myths and the Psychological Unknowns, 36 Family Law Quarterly 195 (2002)
– Employee Handbooks and the Legal Effect of Disclaimers, 13 Industrial Relations Law Journal 326 (1991)
– The ADA in Turmoil: Judicial Dissonance, The Supreme Court's Response, and the Future of Disability Discrimination Law, 78 Oregon Law Review 27 (1999)
– Labor and Employment Law at the Millennium: A Historical Review and Critical Assessment, 43 Boston College Law Review 351 (2002)
– A New Voice for the Workplace: A Proposal for an American Works Councils Act, 69 Missouri Law Review 607 (2004)
– When Quitting Is Fitting: The Need for a Reformulated Sexual Harassment/Constructive Discharge Standard in the Wake of Pennsylvania State Police v. Suders, 67 Ohio State Law Journal 593 (2006)
– Light Thoughts and Night Thoughts on the American Family, 76 Minnesota Law Review 891 (1992)
– More Light Thoughts and Night Thoughts on the American Family, 17 Law and Inequality 723 (1999)
– BFOQ Revisited: Johnson Controls Halts the Expansion of the Defense to Intentional Sex Discrimination, 52 Ohio State Law Journal 5 (1991)
– Across Curricular Boundaries: Searching for a Confluence Between Marital Agreements and Indian Land Transactions, 26 Law and Inequality 495 (2008)
– Pre-employment Screening and Investigation: Navigating Between a Rock and a Hard Place, 14 Hofstra Labor Law Journal 365 (1997), reprinted in 47 Defense Law Journal 467 (1997)
– ADA Presents an Unpredictable Landscape, Minnesota Lawyer 14 (Apr. 24, 2000)
– Reasonable Accommodation and Reassignment under the Americans with Disabilities Act: Answers, Questions, and Suggested Solutions after U.S. Airways, Inc. v. Barnett, 45 Arizona Law Review 931 (2003)
– Accommodation at Work: Lessons from the Americans with Disabilities Act and Possibilities for Alleviating the American Worker Time Crunch, 13 Cornell Journal of Law and Public Policy 615 (2004)
– Employment Law and Practice (West Group, 2d ed., 2003) (Supps. 2004, 2005, 2006, 2007, 2008, 2009)
– Responsible Parents and Good Children, 14 Law and Inequality 489 (1996)
– Public Sector Bargaining: Fiscal Crisis and Unilateral Change, 69 Minnesota Law Review
1221 (1985)
– Whose America?, 22 Constitutional Commentary 241 (2005) (reviewing Lindsay G. Robertson, Conquest By Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands (Oxford University Press, 2005) & Stuart Banner, How The Indians Lost Their Land: Law and Power on the Frontier (Belknap Press, 2005)) (review essay)
– The Role of Legal Education in Instilling an Ethos of Public Service Among Law Students: Towards a Collaboration Between the Profession and the Academy on Professional Values, 13 Law and Inequality 1 (1994)
– Mental Illness and Long-term Disability Plans Under the Americans with Disabilities Act, 2 University of Pennsylvania Journal of Labor and Employment Law 287 (1999)