• Iowa Law Review

Description:

Since its inception in 1915 as the Iowa Law Bulletin, the Iowa Law Review has served as a scholarly legal journal, noting and analyzing developments in the law and suggesting future paths for the law to follow. Since 1935, students have edited and have managed the Law Review, which is published five times annually. The Iowa Law Review ranks high among the top "high impact" legal periodicals in the country, and its subscribers include legal practitioners and law libraries throughout the world.

Mission Statement: The Iowa Law Review provides select second- and third-year University of Iowa law students the opportunity to develop their legal research, writing, and editing skills through their involvement in the production of a law journal that publishes legal articles of national and state interest, maintains a high national ranking, and maintains its historical ties to the Iowa legal community.

Latest documents

  • Improving Access to Commercial Websites Under the Americans with Disabilities Act and the Twenty-First Century Communications and Video Accessibility Act

    In 1990, Congress enacted the Americans with Disabilities Act ("ADA")-one of the most comprehensive sets of antidiscrimination laws to date. Title III of the ADA requires private businesses to make reasonable efforts to ensure that disabled individuals are able to access their "place[s] of public accommodation." However, as the Internet has grown more ubiquitous in Americans’ lives, scholars have debated whether a commercial website constitutes a place of public accommodation under Title III. Twenty years after Congress enacted the ADA, Congress passed the Twenty-First Century Communications and Video Accessibility Act ("CVAA") to help ensure that the disabled community is not left behind as the nation’s dependence on web-based technology increases. This Note examines conflicting interp...

  • Choice Architecture and the Locus of Fiduciary Obligation in Defined Contribution Plans

    The insights of choice architecture have produced regulatory and voluntary changes that have expanded the use of default settings in defined contribution plans, such as 401(k) plans. As a result, increased numbers of employees now save for retirement through 401(k) plans and many save more money. The current approach to investment default settings, however, has been less successful in achieving appropriate levels of investment risk. In addition, many employers, particularly small employers, remain reluctant to offer 401(k) plans. This Article shows that these two problems-selection of appropriate default investments and plan sponsorship levels-are linked. This is because the employer-centric trust model used in 401(k) plan regulation inherently limits the success of choice architecture ...

  • Dirty Silver Platters: The Enduring Challenge of Intergovernmental Investigative Illegality

    This Essay addresses a longstanding concern in American criminal justice: that law enforcement agents of different governments will work together to evade a legal limit imposed by one of the governments. In the past, with the U.S. Supreme Court in the lead, courts were prone to closely scrutinize intergovernmental investigative efforts, on vigilant guard against what the Court called improper "working arrangements". Judicial vigilance, however, has long since waned, a problematic development that has assumed added significance over time as investigations have become increasingly multijurisdictional and technologically sophisticated in nature. The Essay offers the first comprehensive examination of this phenomenon and its many negative consequences, highlighting the need for more exactin...

  • Credit Reform and the States: The Vital Role of Attorneys General After Dodd-Frank

    Congress employed multiple strategies in the wake of the Great Recession to provide greater protections for consumers in the financial marketplace. One strategy aimed at agency design and resulted in creation of the Consumer Financial Protection Bureau. Another strategy created new substantive prohibitions and corresponding rulemaking powers. A third strategy channeled the forces of federalism, placing a limit on agency preemption and empowering state attorneys general to enforce federal law. Scholars have focused on the first two strategies, plus the new constraints on preemption, but so far have not given sustained attention to the role of states as co-enforcers of federal consumer financial protection law. This Article seeks to fill that void, focusing on implementation and charting ...

  • The SEC on a Forum Shopping Spree: SEC Enforcement Power and Control Person Liability After Dodd-Frank

    In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") in response to the collapse of the United States economy. Prior to Dodd-Frank, two separate circuit splits existed. One circuit split affected the Securities and Exchange Commission’s ("SEC") ability to bring control person liability actions against executives whose subordinates violated securities laws. The other circuit split concerned the proof requirements in control person actions. This lack of uniformity made it difficult for the SEC to hold executives accountable for securities violations that occurred under its watch, as the SEC was both unsure as to whether it could bring control person liability claims altogether in some jurisdictions, and in others it seriously questioned the...

  • An Analysis of Facebook 'Likes' and Other Nonverbal Internet Communication Under the Federal Rules of Evidence

    Social media is an important part of our lives. The social media users’ ability to share his or her feelings and thoughts has moved beyond the written word and now includes pictures, music, and multiple other forms of nonverbal content-sharing. As the day-to-day influence of nonverbal content-sharing through social media increases, so too will-by necessity-the attempt to use these forms of communication as evidence in the courtroom. Aside from the Fourth Circuit’s holding in Bland v. Roberts-that a Facebook "like" is protected by the First Amendment- courts have yet to deal with nonverbal social media content including Facebook "likes" or Twitter "favorites." This Note explains why courts should apply the Federal Rules of Evidence excluding hearsay and allowing adoptive admissions to Fa...

  • Coase Minus the Coase Theorem-Some Problems with Chicago Transaction Cost Analysis

    In law as well as economics, the most well-known aspect of Coase’s "The Problem of Social Cost," is the Coase Theorem. Over the decades, that particular notion has morphed into a crucial component of Chicago law and economics-namely, transaction cost analysis. In this Article, I deliberately bracket the Coase Theorem to show that "The Problem of Social Cost" contains far more interesting and unsettling lessons-both for law as well as for economics. Indeed, while Coase’s arguments clearly target the Pigouvian attempts to "improve on the market" through government correctives, there is, lurking in those arguments, a much more profound critique of neoclassical economics generally. This broader critique has been all but eclipsed by the focus on the Coase Theorem and its main offshoot-namely...

  • The Antitrust Constitution

    Antitrust is today viewed almost exclusively in strictly economic terms. Under the nearly ubiquitous "rule of reason," conduct is condemned or saved by courts largely based on their evaluation of the conduct’s effect on economic efficiency. But many aspects of antitrust law cannot be explained by efficiency analysis. The full sweep of antitrust makes sense only when one considers other values that underlie the antitrust laws, values contained in the allocation of public and private power inherent in the larger constitutional order. This Article attempts to provide a more comprehensive understanding of antitrust as policing the private exercise of regulatory power. This Article considers both the dominant, efficiency-maximizing approach to antitrust and the "societal" alternatives offere...

  • Big Data and Pharmacovigilance: Using Health Information Exchanges to Revolutionize Drug Safety

    Data on individual patients collected through state and federal health information exchanges has the potential to usher in a new era of drug regulation. These exchanges, produced by recent health care reform legislation, will amass an unprecedented amount of clinical information on drug usage, demographic variables, and patient outcomes. This information could aid the Food and Drug Administration ("FDA") with post-market drug surveillance because it more accurately reflects clinical practice outcomes than the trials the FDA relies upon for drug approval. However, even with this data available, the market-driven impetus to use it to police drugs is weak. This is fixable; the post-market drug regulatory process needs new incentives to boost third party participation. While a variety of me...

  • Won't You Be My Neighbor?' Living with Concentrated Animal Feeding Operations

    Concentrated animal feeding operations ("CAFOs") are prevalent throughout the nation and represent a serious and increasing problem for the United States. Proponents of CAFOs argue that such operations are necessary to meet this country’s demand for low-cost, readily available meat. Opponents point to the ever-increasing risks that CAFOs pose to humans, animals, and the environment. CAFOs in Iowa have operated under the minimum level of federally required regulations for a number of years. The negative effects of this lack of regulation are starting to take a toll on Iowans. Emerging public health concerns such as air quality and antibiotic resistance, individual health problems, animal welfare concerns, and the basic right to enjoy one’s property are becoming controversial issues and d...

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