Iowa Law Review - page 2
- The Miller Revolution
- The 75 Billion Dollar Question: Why Is HAMP Not an Entitlement Program?
- W(h)ither Economic Substance?
- Summary Judgment Is Constitutional
- The Times: Are They a-Changin'? Saudi Law Finally Addresses Domestic Violence with Its Regulation on Protection from Abuse
- Trademark Failure to Function
- Trial Bargaining
- Whither Freedom of the Press?
- Elite Patent Law
- Reasonable for Whom? Developing a More Sensible Approach to the Discovery Rule in Civil Actions Based on Childhood Sexual Abuse
- Prostitution 3.0?
- The Evolution of the Modern International Trust: Developments and Challenges
- Drugs' Other Side-Effects
- The Most-Cited Articles from the Iowa Law Review
- Copyright for Literate Robots
- What Will Our Future Look Like and How Will We Respond?
- The Constitutional Validity of Pro Forma Recess Appointments: A Bright-Line Test Using a Substance-over-Form Approach
- Statistical Proof of Racial Discrimination in the Use of Peremptory Challenges: The Impact and Promise of the Miller-El Line of Cases As Reflected in the Experience of One Philadelphia Capital Case
- Importing Plaintiffs: The Extraterritorial Scope of the Sherman Act After Empagran
- Preachers, Politicians, and Same-Sex Couples: Challenging Same-Sex Civil Unions and Implications on Interstate Recognition
- No Records, No Right: Discovery & the Fair Cross-Section Guarantee
- A Defendant's Ability to Pay: The Key to Unlocking the Door of Restitution Debt
- Patent Disclosure
- The Institutional Case for Judicial Review
- One Dollar, One Vote: Mark-to-Market Governance in Bankruptcy
- Flooded by the Lowest EBB: Congressional Responses to Presidential Signing Statements and Executive Hostility to the Operation of Checks and Balances
- Corporate Avatars and the Erosion of the Populist Fourth Amendment
- Who Shouldn't Prosecute the Police
- Isn't It Obvious? How Klein's Definition of Analogous Prior Art Conflicts with the Supreme Court's Vision for Obviousness
- What Is Criminal Restitution?
- Legislative Plumbing: Amending Iowa's Municipal Utility Board Statute to Include a For-Cause Removal Requirement for Utility Board Trustees
- Major publications
- Schering the Market: Analyzing the Debate over Reverse-Payment Settlements in the Wake of the Medicare Modernization Act of 2003 and In re Tamoxifen Citrate Litigation
- Chevron's Liberty Exception
- Congress's Power to Block Enforcement of Federal Court Orders
- Penalizing and Chilling an Indigent's Exercise of the Right to Appointed Counsel for Misdemeanors
- Worthy Exemption? Examining How the DOL Should Apply the FLSA to Unpaid Interns at Nonprofits and Public Agencies
- In Memoriam: Judge Donald P. Lay
- Manufacturing Barriers to Biologics Competition and Innovation
- Issuing Violations Without Tangible Evidence: Computer Modeling for Clean Water Act Enforcement
- There's No Such Thing as Affirmative Duty
- Criminal Liability for Loss of a Chance
- Some (Don't) Like It Hot: The Use of the 'Hot Goods' Injunction in Perishable Agriculture
- Is Senator Grassley Our Savior?: The Crusade Against 'Charitable' Hospitals Attacking Patients for Unpaid Bills
- Towards a More Evolutionary Theory of Property Rights
- Is Tax Increment Financing Racist? Chicago's Racially Disparate TIF Spending
- Gambling, Greyhounds, and Gay Marriage: How the Iowa Supreme Court Can Use the Rational-Basis Test to Address Varnum v. Brien
- New Majoritarian Constitutionalism
- Rigorous Policy Pilots: Experimentation in the Administration of the Law
- Paying for Gideon
- Foregoing the Cleaver for the Scalpel: How New York Can Add Some Nuance to Its Short-Term Rental Laws
- T.L.O. and Cell Phones: Student Privacy and Smart Devices After Riley v. California
- Princo, Patent Pools, and the Risk of Foreclosure: A Framework for Assessing Misuse
- Restoring Equilibrium: Why Twombly and Iqbal Should Apply to All Pleadings in Patent Cases
- Gobbledygook: Political Questions, Manageability, & Partisan Gerrymandering
- The Unregulated Underground Market for Your Data: Providing Adequate Protections for Consumer Privacy in the Modern Era
- Fair Use and Copyright Overenforcement
- The Evolution of Relational Property Rights: A Case of Chinese Rural Land Reform
- Making a Federal Case of It: Removing Civil Cases to Federal Court Based on Fraudulent Joinder
- Clockwork Corporations: A Character Theory of Corporate Punishment
- Markets as a Moral Foundation for Contract Law
- The Exclusionary Rule and Causation: Hudson v. Michigan and Its Ancestors
- A New Wave of Paternalistic Tobacco Regulation
- A Spoonful of Free Speech Helps the Medicine Go Down: Off-Label Speech & the First Amendment
- The Feminist War on Crime
- Tobacco Industry Influence on the American Law Institute's Restatements of Torts and Implications for Its Conflict of Interest Policies
- Getting Payment for a Clean Bill of Health: Reconciling the Health Insurance Portability and Accountability Act ("HIPAA") with the Fair Debt Collection Practices Act ("FDCPA") for Health-Care Debt Collection
- Aging and Caring in the Home: Regulating Paid Domesticity in the Twenty-First Century
- Property's Ends: The Publicness of Private Law Values
- The Audience for Corporate Disclosure
- Old MacDonald Files Chapter 12 Bankruptcy: How Should the IRS Tax the Reorganization?
- Patent Court Specialization
- Reregulation and the Regulatory Timeline
- Race-ing Patents/Patenting Race: An Emerging Political Geography of Intellectual Property in Biotechnology
- Boilerplate and Default Rules in Wills Law: An Empirical Analysis
- An Expressive Theory of Privacy Intrusions
- Debt Limits' End
- Congress, the Federal Courts, and Forum Non Conveniens: Friction on the Frontier of the Inherent Power
- The Living Regulatory Challenges of Synthetic Biology
- Batson's Grand Jury DNA
- Patent Clutter
- Categorical Analysis in Antitrust Jurisprudence
- Federalism, Deportation, and Crime Victims Afraid to Call the Police
- Insuring Understanding: The Tested Language Defense
- Does Iowa's Health Care External Review Process Replace Common-Law Rights?
- Normative Legal Theories: The Case for Pluralism and Balancing
- Straddling the Federal-State Divide: Federal Court Review of Interstate Agency Actions
- Policing the Borders of Democracy: The Continuing Role of Batson in Protecting the Citizenship Rights of the Excluded
- Survey Says . . . A Critical Analysis of the New Title IX Policy and a Proposal for Reform
- The Hobson's Choice in Union Discipline Cases: When Union Members Are Forced to Decide Between Fired or Fined
- Advancing Executive Branch Immigration Policy Through the Attorney General's Review Authority
- Discrimination, Discretion, and Iowa's Packed Prisons
- Conspicuous Prosecution in the Shadows: Rethinking the Relationship Between the FCPA's Accounting and Anti-Bribery Provisions
- Show Me Your Budget and I Will Tell You What You Value': Why States Should Require School Districts to Publicize Their Budgets
- Bloggers with Shields: Reconciling the Blogosphere?s Intrinsic Editorial Process with Traditional Concepts of Media Accountability
- Section 512 of the Digital Millennium Copyright Act: User Experience and User Frustration
- Do Ban-the-Box Laws Really Work?
- Funding Discipline for U.S. Public Pension Plans: An Empirical Analysis of Institutional Design
- By the Light of Virtue: Prison Rape and the Corruption of Character
- Substantive Equality and Procedural Justice
- The Scientific Evolution of Baldus and Woodworth
- Benchmark Regulation
- Choice Architecture and the Locus of Fiduciary Obligation in Defined Contribution Plans
- Transporting Oil and Gas: U.S. Infrastructure Challenges
- All I Really Need to Know About Antitrust I Learned in 1912
- The Post-Ratification Consensus Agreements of the Parties to the Montreal Protocol: Law or Politics? An Analysis of Natural Resources Defense Council v. EPA
- Constitutional Collectivism and Ex-Offender Residence Exclusion Laws
- Better Homes and Scattered Gardens: Why Iowa Should Legalize 'Human Composting' as a Method of Final Disposition
- 'It Will Be Good for You,' They Said: Ensuring Internships Actually Benefit the Intern and Why It Matters for FLSA and Title VII Claims
- 'It Will Be Good for You,' They Said: Ensuring Internships Actually Benefit the Intern and Why It Matters for FLSA and Title VII Claims
- Consent to Retaliation: A Civil Recourse Theory of Contractual Liability
- The SEC on a Forum Shopping Spree: SEC Enforcement Power and Control Person Liability After Dodd-Frank
- Foreword
- Assessing the Viability of Race-Neutral Alternatives in Law School Admissions
- The Hamiltonian Origins of the U.S. Patent System, and Why They Matter Today
- Batson Remedies
- Antitrust Federalism and State Restraints of Interstate Commerce: An Essay for Professor Hovenkamp
- Reasoned Decisionmaking vs. Rational Ignorance at the Patent Office
- Arming Public Protests
- Two Puzzles Resolved: Of the Schumpeter-Arrow Stalemate and Pharmaceutical Innovation Markets
- Discrimination by Customers
- Individual or Collective Liability for Corporate Directors?
- Batson 'Blame' and Its Implications for Equal Protection Analysis
- Dirty Silver Platters: The Enduring Challenge of Intergovernmental Investigative Illegality
- If You Cannot Afford an Attorney, Will One Be Appointed for You?: How (Some) States Force Criminal Defendants To Choose Between Posting Bond and Getting a Court-Appointed Attorney
- Statutes, Common Law Rights, and the Mistaken Classification of Patents as Public Rights
- Sharing Data
- The Fourth Amendment Inventory as a Check on Digital Searches
- Fight Fraud Within Exemption: Advocating a Properly Tailored Interpretation of the § 1702 Evasion Clause of the Interstate Land Sales Full Disclosure Act
- Equal Education Opportunity and the Pursuit of “Just Schools”: The Des Moines Independent Community School District Rethinks Diversity and the Meaning of “Minority Student”
- Nexus Rethought: Toward a Rational Factual Standard for Federal Criminal Forfeitures
- Nonbelievers and Government Speech
- Cycles of Obviousness
- Contractarian Theory and Unilateral Bylaw Amendments
- Down-Sizing the 'Little Guy' Myth in Legal Definitions
- Statutes as Contracts? The 'California Rule' and Its Impact on Public Pension Reform
- Stolen Valor and Freedom of Speech: An Analysis of How Federal Law Should Criminalize the Wearing of Unearned Military Awards
- A Title IX Conundrum: Are Campus Visitors Protected from Sexual Assault?
- Machine Learning at the Patent Office: Lessons for Patents and Administrative Law
- Japanese Law and the Global Diffusion of Trust and Fiduciary Law
- Muslims and Religious Liberty in the Era of 9/11: Empirical Evidence from the Federal Courts
- Individualized Suspicion in the Age of Big Data
- Dividing Bail Reform
- Willful Patent Infringement and Enhanced Damages After In Re Seagate: An Empirical Study
- Juvenile Justice: The Fourth Option
- From the Police Precinct to Your Neighbor's Coffee Table: Limiting Public Dissemination of Mug Shots During an Ongoing Criminal Proceeding Under the Freedom of Information Act
- Give the People What They Want? The Onshoring of the Offshore
- Grounding Trademark Law Through Trademark Use
- Tort Liability and the Original Meaning of the Freedom of Speech, Press, and Petition
- Avoiding Liability: Changing the Regulatory Structure of Cryptocurrencies to Better Ensure Legal Use
- Regulating ERISA Fiduciary Outsourcing
- No Middle Ground? Reflections on the Citizens United Decision
- Accreditation Reconsidered
- Toward a Theory of Interactive Federalism
- Contracting Pregnancy
- Won't You Be My Neighbor?' Living with Concentrated Animal Feeding Operations
- Countering the Plaintiff's Anchor: Jury Simulations to Evaluate Damages Arguments
- What's It to You?: The Difficulty of Valuing the Benefits of Climate-Change Mitigation and the Need for a Public-Goods Test Under Dormant Commerce Clause Analysis
- Substantive Equality and Procedural Justice
- Drawing the Line: Niswander's Balance Between Employer Confidentiality Interests and Employee Title VII Anti-Retaliation Rights
- The Numerus Clausus Principle, Property Customs, and the Emergence of New Property Forms
- In Defense of Content Regulation
- Appearance Is Everything: Why Imposing Expenditure Limits on Hybrid PACs Without Functional Separation Is Essential to Democracy
- Autism, Burlington, and Change: Why It Is Time for a New Approach to the IDEA's Stay-Put Provision
- The Fruit of the Poisonous Tree in IP Law
- Waking the Giant: A Role for the Guarantee Clause Exclusion Power in the Twenty-First Century
- The People's Peremptory Challenge and Batson: Aiding the People's Voice and Vision Through the 'Representative' Jury
- Judging Similarity
- Regulating Sports Wagering
- Copyright Trolling, An Empirical Study
- University-Funded Discrimination: Unresolved Issues After the Supreme Court?s 'Resolution' of the Circuit Split on University Funding for Discriminatory Organizations
- Choice of Law Theory and the Metaphysics of the Stand-Alone Trigger
- The Federal Judiciary Emergency Special Sessions Act of 2005: Allowing Ongoing Criminal Prosecutions During Crisis or Hindering Compliance with the Speedy Trial Act?
- Pre-Modern Credit Networks and the Limits of Reputation
- Show Me Your Budget and I Will Tell You What You Value': Why States Should Require School Districts to Publicize Their Budgets
- A Great Game: The Dynamics of State Competition and Litigation
- Constitutional Tensions in Agency Adjudication
- Substantive Due Process, Plenary-Power Doctrine, and Minimum Contacts: Arguments for Overcoming the Obstacle of Asserting Personal Jurisdiction over Terrorists Under the Anti-Terrorism Act
- Hybrid Removal
- Expert Witnesses, Adversarial Bias, and the (Partial) Failure of theDaubert Revolution
- Real Copyright Reform
- Just Take My Word for It: Creating a Workable Test to Ensure Reliability in Overseas Document Verification Reports for Asylum Proceedings
- Understanding Proper Exhaustion: Using the Special-Circumstances Test to Fill the Gaps Under Woodford v. Ngo and Provide Incentives for Effective Prison Grievance Procedures
- Anticipating Accommodation
- Preservation, Primacy, and Process: A More Consistent Approach to State Constitutional Interpretation in Iowa
- Training the Whole Lawyer
- Wrongful Living
- Disaggregating Deference: The Judicial Power and Executive Treaty Interpretations
- Burying the “Continuing Body” Theory of the Senate
- Defending the Right to Repair: An Argument for Federal Legislation Guaranteeing the Right to Repair
- Administering Patent Law
- Cities, Inclusion and Exactions
- A Procedural Approach to "Unfair Methods of Competition"
- Free Speech and Generally Applicable Laws: A New Doctrinal Synthesis
- Disarray Among the Circuits: When Are Consumer Surveys Persuasive?
- On the 50th Anniversary of Tinker v. Des Moines: Toward a Positive View of Free Speech on College Campuses
- Justices, Justices, Look Through Your Books, and Make Me a Perfect Match: An Argument for the Realistic Probability Test in CIMT Removal Proceedings
- The Voting Rights Act in Winter: The Death of a Superstatute
- Revisiting Revocation upon Divorce?
- Free Speech