• 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

  • Chevron's Liberty Exception

    This Article argues that the Supreme Court's practice in immigration cases reflects an unstated but compelling limitation on Chevron deference. Judicial deference to the executive branch is inappropriate when courts review the legality of a government intrusion on physical liberty. This norm is illustrated by the fact that the Court has not meaningfully applied Chevron deference in cases concerning deportation, nor in cases concerning immigration detention. By contrast, the Court applies Chevron deference fairly consistently in other kinds of immigration cases, which suggests that the Court is not displaying an inclination toward immigration exceptionalism when it treats deportation cases differently. Instead, the Court's practice is best explained by broadly applicable and deeply roote...

  • Public Utilities and Transportation Electrification

    This Article examines the rapidly evolving role of the nation's electric utilities in developing the network of public electric vehicle (“EV”) charging stations across the country required to facilitate the growth of EVs. As EV adoption in the United States continues to rise, the roles that governmental entities, electric utilities, and market actors will play in deploying the EV charging stations necessary to support transportation electrification remains a central question. This question raises a multitude of issues relating to consumer demand for EVs, competitive markets, utility rate design, government mandates and incentives, policies to reduce carbon emission and other air pollutants, and equity concerns. This Article focuses specifically on state public utility commissions, which...

  • Policing Police Access to Criminal Justice Data

    Today, it is widely recognized that we live in an informationbased society. This is certainly true of police on street patrol, who more than ever before rely on, and enjoy ready access to, information when doing their work. Information in aggregated form, for instance, is used to create algorithms for “hot spot” policing that targets specific areas. Information concerning individuals, however, must somehow be tied to them if it is to be useful. An arrest warrant in a database, for example, lies inert until an officer associates it with an individual; so too does information regarding suspected gang affiliation and the mass of other information contained in databases. With databases expanding exponentially by the day, and police engaging in what has come to be known as database policing,...

  • Law and the Blockchain

    All contracts are necessarily incomplete. The inefficiencies of bargaining over every contingency, coupled with humans' innate bounded rationality, mean that contracts cannot anticipate and address every potential eventuality. One role of law is to fill gaps in incomplete contracts with default rules. Emerging technologies have created new, yet equally incomplete, types of contracts that exist outside of this traditional gap-filling legal role. The blockchain is a distributed ledger that allows the cryptographic recording of transactions and permits “smart” contracts that self-execute automatically if their conditions are met. Because humans code the contracts of the blockchain, gaps in these contracts will arise. Yet in the world of “smart contracting” on the blockchain, there is no pl...

  • Holding the Federal Government Accountable for Sexual Assault

    The average American would be shocked to learn that the United States government holds itself absolutely immune from civil liability for most sexual assaults by its employees. Even the average lawyer might be surprised to discover that the federal employee who commits a sexual assault may also be shielded from individual tort liability by a special federal statute. The Federal Tort Claims Act bars assault and battery claims against the sovereign United States, even if committed by an agent acting within the scope of most types of federal employment-that includes military recruiters, postal workers, and daycare employees. At the same time, the Westfall Act grants federal employees immunity from state tort claims for acts within the scope of employment. The scope of employment for both fe...

  • Hybrid Removal

    In the wake of the Supreme Court's recent activity in the domain of personal jurisdiction, defendants have greater leverage to challenge the forum choices made by plaintiffs when initiating litigation. This Article uncovers an unexpected way that defendants are deploying that leverage: by filing s in federal court. s are filed in cases that lack facial diversity of citizenship and involve no federal question. Ordinarily, these characteristics would trigger a quick remand. To avoid that result, defendants have sought to make personal jurisdiction part of the removal analysis. This crossing of jurisdictional lines has the potential to facilitate expediency, but it may also undermine the relationship between federal and state courts. For that reason, the Article...

  • Disarray Among the Circuits: When Are Consumer Surveys Persuasive?

    Trademarks have been an integral part of our economic system for generations. As our needs and abilities have advanced, so too have trademark regulations advanced to meet these new challenges. This Note examines the requirements for federal trademark protection under the Lanham Act. Protection normally only extends to marks that are determined to be inherently distinct; however, in certain circumstances, marks that are not inherently distinct may be eligible for protection, if it can be sufficiently proven that a descriptive mark acquired distinctiveness. The best tool for showing that descriptive marks have become distinct are consumer surveys, which allow parties to look directly into the minds of consumers. However, there is no established standard for what level of positive response...

  • Propping Open the Courthouse Door: Why Service Members Should Be Able to Bring Sexual Harassment Suits Under the Feres Doctrine

    Most people would be stunned if they were told that their employer could discriminate against them and they would have no form of civil recourse. However, this is the situation that exists every day for the military personnel serving their country. This is because of a little-known strand of case law, referred to as the Feres Doctrine. Shortly after World War II, Congress waived its right to sovereign immunity, with some exceptions, through the Federal Tort Claims Act (“FTCA”). In reading through the FTCA, the Supreme Court created an “incident to service” test, called the Feres Doctrine, to determine whether a service member can sue the federal government. Since Feres, lower courts have struggled to apply the new doctrine to new cases, which has led them to decry it. Despite these rese...

  • Conspicuous Prosecution in the Shadows: Rethinking the Relationship Between the FCPA's Accounting and Anti-Bribery Provisions

    The Foreign Corrupt Practices Act (“FCPA”) criminalizes foreign bribery by (1) American defendants; (2) defendants who trade stocks in the United States or register with the SEC; and (3) foreign defendants who act in furtherance of foreign bribery while inside the United States It imposes accounting requirements on some potential defendants. Congress meant the FCPA to help developing countries eliminate bribery, and, in so doing, advance U.S. economic and political interests. However, the FCPA has some fundamental flaws-flaws which U.S. enforcement agencies have particularly abused of late. The FCPA is vague. The reticence of defendants to go to trial has kept the courts from clarifying it and allowed prosecutors to interpret it however they like. The FCPA is also imperialist. These pro...

  • Avoiding Liability: Changing the Regulatory Structure of Cryptocurrencies to Better Ensure Legal Use

    Monitoring the transactions consumers in the United States make when buying and selling virtual currency requires an inventive regulatory system because many types of virtual currency, like Bitcoin, are operated anonymously and independently. In the United States today, the Internal Revenue Service (“IRS”) has little structure in how it monitors cryptocurrencies, merely classifying them as property and having the taxpayer report all losses and gains subject to the rules of personal property. This classification is difficult to apply because the IRS has little control over how the system is regulated. To solve this issue, the United States should either outlaw the use of cryptocurrency altogether or reclassify virtual currency as foreign currency. Making virtual currency use illegal migh...

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