Iowa Law Review - page 3
- 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
- Wrongful Living
- Constitutional Tensions in Agency Adjudication
- The Efficient Queue and the Case Against Dynamic Pricing
- Iowa's All-Male Supreme Court
- Structural Sensor Surveillance
- Monitoring the Youth: The Collision of Rights and Rehabilitation
- Traditional Sports and Esports: The Path to Collective Bargaining
- Anticipating Accommodation
- Ambiguous Standards for Partial Waiver: Dimming the Lamp that Shows that Freedom Lives
- 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
- Separation of Powers, Individual Rights, and the Constitution Abroad
- Bypassing Federalism and the Administrative Law of Negawatts
- Cooperative Enforcement in Immigration Law
- Managing Identity: Buying Into the Brand at Work
- Identifying Employers' 'Proxies' in Sexual-Harassment Litigation
- The New Deterrence: Crime and Policy in the Age of Globalization
- Unradical: 'Freedom of the Press' as the Freedom of All To Use Mass Communications Technology
- 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
- Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims
- Defending the Right to Repair: An Argument for Federal Legislation Guaranteeing the Right to Repair
- Cities, Inclusion and Exactions
- Forging a Truly Utilitarian Copyright
- 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?
- The Architecture of Accreditation
- 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
- Bureaucratic Resistance and the National Security State
- Enforcement Upon the Unwitting: The Overreaching Ability of Courts to Appoint Substitute Arbitration Forums Under the Federal Arbitration Act
- Fair Use Through the Lenz of § 512(c) of the DMCA: A Preemptive Defense to a Premature Remedy?
- Scientific Speech
- Personal Jurisdiction and Choice of Law
- The Human Side of Public-Private Partnerships: From New Deal Regulation to Administrative Law Management
- Tesla, Dealer Franchise Laws, and the Politics of Crony Capitalism
- Survey Says . . . A Critical Analysis of the New Title IX Policy and a Proposal for Reform
- Ponzi, Property, and Luck
- Give the People What They Want? The Onshoring of the Offshore
- Presuppositions of Evidence Law
- Picking Prosecutors
- Looks Can Kill: The Dark Side of Indoor Tanning and What States Need to do to Help Protect Young Adults from This Deadly 'Glow
- Successful Agriculture and Clean Water?: A Workable Path Forward for Regulating Drainage Districts as Point Sources Under the Clean Water Act
- Property Transfers to Caregivers: A Comparative Analysis
- Contractarian Theory and Unilateral Bylaw Amendments
- There's "No Such Thing as Too Much Speech": How Advertising Deregulation and the Marketplace of Ideas Can Protect Democracy in America
- Batson's Grand Jury DNA
- God(s) in Congress: A Two-Step Analysis Addressing the Constitutionality of Guest-Chaplain Invocations, and a Call for Aggressive Enforcement of the Establishment Clause
- Gobbledygook: Political Questions, Manageability, & Partisan Gerrymandering
- The Right and Wrong Ways to Sell a Public Forum
- Superfund, Pesticide Regulation, and Spray Drift: Rethinking the Federal Pesticide Regulatory Framework to Provide Alternative Remedies for Pesticide Damage
- Searching for a Solution: A Proposed Change to the Code of Iowa Chapter 808A
- The Use and Abuse of Governing-Law Clauses in Trusts: What Should the New Restatement Say?
- Legislative Plumbing: Amending Iowa's Municipal Utility Board Statute to Include a For-Cause Removal Requirement for Utility Board Trustees
- Why the Sixth Amendment Right to Counsel Includes an Out-of-Court Interpreter
- Constitutional Parenthood
- Corporate Rights and Organizational Neutrality
- The 'Publicization' of Private Space
- Devising a Standard for Section 3: Post-Shelby County Voting Rights Litigation
- In the Zone: Sex Offenders and the Ten-Percent Solutions
- The Importance of Student and Faculty Diversity in Law Schools: One Dean?s Perspective
- A Transactional Theory of the Reader in Copyright Law
- Conflicts of Entitlements in Property Law: The Complexity and Monotonicity of Rules
- Schooling at Risk
- Iowa Law Review: A Century of Work Worth Doing
- A Forgotten Past Creates a Fractured Present: Why Courts Should Utilize Historical Context when Interpreting Ambiguous Provisions of the 1977 Fair Debt Collection Practices Act
- The Ideology of Supreme Court Opinions and Citations
- Why Should the First Amendment Protect Government Speech When the Government Has Nothing To Say?
- Stigmatic Harm and Standing
- Crypto Assets and Insider Trading Law's Domain
- After Rants v. Vilsack: An Update on Item-Veto Law in Iowa and Elsewhere
- Safe for Work? Analyzing the Supreme Court's Standard of Privacy for Government Employees in Light of City of Ontario v. Quon
- Not Always the World?s Shortest Editorial: Why Credit-Rating-Agency Speech Is Sometimes Professional Speech
- Prejudice, Procedure, and a Proper Presumption: Restoring the Remmer Presumption of Prejudice in Order to Protect Criminal Defendants' Sixth Amendment Rights
- National Parks: For Use and Enjoyment or for Preservation? and the Role of the National Park Service Management Policies in That Determination
- Putting the Hanging Paragraph Out to Pasture: Reconciling the Mandates of Bankruptcy and Tax Law
- Crimmigration' and the Right to Counsel at the Border Between Civil and Criminal Proceedings
- A Duty to Kiss and Tell? Examining the Uncomfortable Relationship Between Negligence and the Transmission of HPV
- Having Faith in Full Faith & Credit: Finstuen, Adar, and the Quest for Interstate Same-Sex Parental Recognition
- Twombly, Pleading Rules, and the Regulation of Court Access
- Formalism and Realism in Ruins (Mapping the Logics of Collapse)
- Vanity Lawfare: Vanity License Plates and the First Amendment
- Automobile Bankruptcies, Retiree Benefits, and the Futility of Springing Priorities in Chapter 11 Reorganizations
- Renewed Efficiency in Administrative Patent Revocation
- Don't Die in Iowa: Restoring Iowans' Right to Direct Final Disposition of Their Bodily Remains
- Searching for Consistency in Asylum's Protected Grounds
- Finding Customary International Law
- The Evaporation Point: State v. Sykes and the Erosion of the Fourth Amendment Through the Search-Incident-to-Arrest Exception
- From Off the Bench: The Potential Role of the U.S. Department of Education in Reforming Due Process in the NCAA
- What Happens in Iowa Stays in Iowa: A Framework for Implementing Changes to State Open Records Laws
- Infracompetitive Privacy
- The New Rehabilitation
- Corporate Governance in India: Past, Present, and Suggestions for the Future
- David Baldus: Scholar, Teacher, Mentor, and Friend
- Legislating for a New Age in Medicine: Defining the Telemedicine Standard of Care to Improve Healthcare in IowaNew Article
- Monopsony Problems with Court-Appointed Counsel
- Protecting Patients with Passports: Medical Tourism and the Patient-Protective Argument
- Values and Value Creation in Public-Private Transactions
- HMO Liability After Aetna Health Inc. v. Davila: Are Patients' Rights at Risk?
- Defining Cybersecurity Law
- Rescuecom Corp. v. Google Inc.: A Conscious Analytical Shift
- Unapproved Genetically Modified Corn: It's What's for Dinner
- Drafting Effective Delaware Forum-Selection Clauses in the Shadow of Enforcement Uncertainty
- Testing Modern Trademark Law's Theory of Harm
- Queues in Law
- Aggressive Encounters & White Fragility: Deconstructing the Trope of the Angry Black Woman
- Lawyering in Black and White: A Book Review of According to Our Hearts, Rhinelander v. Rhinelander and the Law of the Multiracial Family
- Applying the Responsible Corporate Officer and Conscious Avoidance Doctrines in the Context of the Abu Ghraib Prison Scandal
- Fashioning a Constitutional Voter-Identification Requirement
- Convergence and Conflation in Online Copyright
- Death by a Thousand Straws': Why and How the Great Lakes Council Should Define 'Reasonable Water Supply Alternative' Within the Great Lakes Compact
- The Interaction of the Standing and Inevitable Discovery Doctrines of the Exclusionary Rule: Use of Evidence Illegally Obtained from the Defendant and a Third Party
- The Yates Memo: Looking for 'Individual Accountability' in All the Wrong Places Article
- Liberal McCarthyism and the Origins of Critical Race Theory
- A Model Litigation Finance Contract
- Our Kardashian Court (and How to Fix It)
- Deterring Racial Bias in Criminal Justice Through Sentencing
- Towards a Fair Appeal: Rethinking Medicare Provider Agreement Termination Appeals
- Common Law and Federalism in the Age of the Regulatory State
- Quantitative Model for Measuring Line-Drawing Inequity
- The Coercion of Trafficked Workers
- How Nationwide Injunctions Have Thwarted Recent Immigration Policy
- Permanent Injunctions in Patent Litigation After eBay: An Empirical Study
- Not Treble Damages: Cartel Recoveries Are Mostly Less Than Single Damages
- Giving Kids Their Due: Theorizing a Modern Fourteenth Amendment Framework for Juvenile Defense Representation
- Waiting for the Other Shoe: Hudson and the Precarious State of Mapp
- Negligence, Strict Liability, and Responsibility for Climate Change
- Intestate Inheritance Rights for Unmarried Committed Partners: Lessons for U.S. Law Reform from the Scottish Experience
- Investing and Pretending
- The Common-Law Rule of Consistency in Modern Capital Sentencing
- A Penny for Your Votes: Eliminating Corporate Contribution Bans and Promoting Disclosure After Citizens United
- Aereo, Unlicensed Retransmissions, and Emerging Technologies: The Case for Congressional Action
- The Natural Complexity of Patent Eligibility
- Credit Reform and the States: The Vital Role of Attorneys General After Dodd-Frank
- Should Law-School Applications Include a Warning Label?
- Fifteen Percent or Less: A Title VII Analysis of Racial Discrimination in Restaurant Tipping
- Predicting Erroneous Convictions
- Let's Meet in the Middle: Constitutional Challenges and Policy Problems with Iowa's Open Meetings Law, with Suggestions for Improvement
- Solzhenitsyn's Submissive Sheep of Today: The United States' Susceptibility to Dictatorial Takeover and Presidential Overreach
- The Investigation Narrative: An Argument for Limiting Prosecution Evidence
- The Law of Vertical Integration and the Business Firm: 1880-1960
- Wealth Transfer Law in Comparative and International Perspective: An Introduction
- The Ideology of Supreme Court Opinions and Citations
- Data-Driven Constitutional Avoidance
- The Un-Precedented Tax Court
- Please Pass the Dictionary: Defining De Minimis Physical Injury Under the Prison Litigation Reform Act § 1997e(e)
- Law and the Blockchain
- Cause for Concern: Causation and Federal Securities Fraud
- A Psychological Account of Consent to Fine Print
- An Alternative Approach to the RESPA Versus Chapter 13 Bankruptcy Unpaid Pre-Petition Escrow Amount Debate
- Disclosure's Effects: WikiLeaks and Transparency
- Inventing Tests, Destabilizing Systems
- Tort Liability and the Original Meaning of the Freedom of Speech, Press, and Petition
- Equal Education Opportunity and the Pursuit of “Just Schools”: The Des Moines Independent Community School District Rethinks Diversity and the Meaning of “Minority Student”
- Grounding Trademark Law Through Trademark Use
- Nexus Rethought: Toward a Rational Factual Standard for Federal Criminal Forfeitures
- Nonbelievers and Government Speech
- Cycles of Obviousness
- 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?
- 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
- The Trust as Trojan Horse: A Comparative Perspective on Trusts' Role in Japanese Succession Law
- The Search Interest in Contract
- The Judgment Enforceability Factor in Forum Non Conveniens Analysis
- Big Data and Pharmacovigilance: Using Health Information Exchanges to Revolutionize Drug Safety
- On Becoming a Lawyer
- Retroactive Taxation, Unfunded Pensions, and Shadow Bankruptcies
- Evidentiary Trapdoors
- Joint Tenancies in Iowa Today
- Punitive Damages: From Myth to Theory
- A Tribute to David Baldus, a Determined and Relentless Champion of Doing Justice
- Stealth Authoritarianism
- International Law, the Power of the Purse, and Speaking with One Voice: The Legal Cacophony Created by Withholding U.S. Dues from the United Nations
- Election 2010: The Loophole Created by 11 C.F.R. § 104.20(c)(9) and Citizens United and the Ineffectiveness of the Campaign-Finance-Law Framework in Iowa
- Contractual Waiver of Seventh Amendment Rights: Using the Public Rights Doctrine to Justify a Higher Standard of Waiver for Jury-Waiver Clauses than for Arbitration Clauses
- Introduction to Spontaneous Order and Emergence of New Systems of Property
- Not 'All Natural': Modernizing Privity to Allow Breach of Contract Claims for Mislabeled Food Products
- Prior Art in Inter Partes Review
- Biting the (Loan) Sharks: Why the Truth in Lending Act Currently Fails in Its Goal to Promote Well-Informed Consumer Credit Decisions, and How Greater Allowance of Statutory Damages May Improve Its Effectiveness
- Help! I Need Somebody (or Do I?): A Discussion of Community Caretaking and 'Assistance Seizures' Under Iowa Law
- Clash of Titans: Groupon v. The Model Rules of Professional Conduct