Iowa Law Review - page 3
- Shifting Purpose: Why Iowa's Certificate of Need Law is a Form of Economic Protectionism for Certain Iowa Health Care Providers and Should Be Repealed
- Why the Sixth Amendment Right to Counsel Includes an Out-of-Court Interpreter
- Unreasonable Delay at the VA: Why Federal District Courts Should Intervene and Remedy Five-Year Delays in Veterans' Mental-Health Benefits Appeals
- Drugs' Other Side-Effects
- Practicing Theory: Legal Education for the Twenty-First Century
- Disarray Among the Circuits: When Are Consumer Surveys Persuasive?
- Crimmigration' and the Right to Counsel at the Border Between Civil and Criminal Proceedings
- You Can Have Your Day in Court-But Not Before Your Day in Mandatory, Nonbinding Arbitration: Balancing Practicalities of State Arbitration
- 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
- Protecting Patients with Passports: Medical Tourism and the Patient-Protective Argument
- Fee Effects
- The Need for 'Knowing': Why the Iowa Supreme Court Should Reject Schneckloth v. Bustamonte
- The Braindng of America: The Rise of Geographic Trademarks and the Need for a Strong Fair Use Defense
- Hudson v. Michigan and the Future of Fourth Amendment Exclusion
- The Uncertain Promise of Predictive Coding
- Revitalizing Fourth Amendment Protections: A True Totality of the Circumstances Test in § 1983 Probable Cause Determinations
- Should Courts Apply Dodd-Frank's Prohibition on the Enforcement of Pre-Dispute Arbitration Agreements Retroactively?
- Look Before You Leap: A Guide to the Law of Inadvertent Disclosure of Privileged Information in the Era of E-Discovery
- Redefining Attorney-Fee Shifting Under the Lanham Act: Protecting Small Businesses and Deterring Trademark Infringement
- Partial Harmless Error for Wills: Evidence From California
- Rescuecom Corp. v. Google Inc.: A Conscious Analytical Shift
- National Parks: For Use and Enjoyment or for Preservation? and the Role of the National Park Service Management Policies in That Determination
- Against Financial-Literacy Education
- Putting the Hanging Paragraph Out to Pasture: Reconciling the Mandates of Bankruptcy and Tax Law
- The Miller Revolution
- The 75 Billion Dollar Question: Why Is HAMP Not an Entitlement Program?
- W(h)ither Economic Substance?
- Facial Challenges, Legislative Purpose, and the Commerce Clause
- There's "No Such Thing as Too Much Speech": How Advertising Deregulation and the Marketplace of Ideas Can Protect Democracy in America
- Probability Thresholds
- The U.S. Empire: Is Any Sovereign Nation Safe After the Russian and Belarus Democracy Acts?
- Less is More? Textualism, Intentionalism, and a Better Solution to the Class Action Fairness Act''s Appellate Deadline Riddle
- Toward a Theory of Medical Malpractice
- The FLSA Antiretaliation Provision: Defining the Outer Contours of What Constitutes an Employee Complaint
- There's No Such Thing as Affirmative Duty
- Developing Citizens
- Appraising the Progressive State
- Devising a Standard for Section 3: Post-Shelby County Voting Rights Litigation
- One Dollar, One Vote: Mark-to-Market Governance in Bankruptcy
- Death by a Thousand Straws': Why and How the Great Lakes Council Should Define 'Reasonable Water Supply Alternative' Within the Great Lakes Compact
- True Damages for False Claims: Why Gross Trebling Should Be Adopted
- Prejudice, Procedure, and a Proper Presumption: Restoring the Remmer Presumption of Prejudice in Order to Protect Criminal Defendants' Sixth Amendment Rights
- 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
- Our Kardashian Court (and How to Fix It)
- Kafkaesque Dangers: IPERIA, Do Not Pay, and the Government's New Fight Against Improper Payments
- Cycles of Obviousness
- Drawing the Line: Niswander's Balance Between Employer Confidentiality Interests and Employee Title VII Anti-Retaliation Rights
- Common Law and Federalism in the Age of the Regulatory State
- The Antiterrorism and Effective Death Penalty Act (AEDPA): Understanding the Failures of State Opt-In Mechanisms
- Quantitative Model for Measuring Line-Drawing Inequity
- How Nationwide Injunctions Have Thwarted Recent Immigration Policy
- Giving Kids Their Due: Theorizing a Modern Fourteenth Amendment Framework for Juvenile Defense Representation
- Corporate Governance in India: Past, Present, and Suggestions for the Future
- Statutes as Contracts? The 'California Rule' and Its Impact on Public Pension Reform
- Queues in Law
- Crypto Assets and Insider Trading Law's Domain
- A Penny for Your Votes: Eliminating Corporate Contribution Bans and Promoting Disclosure After Citizens United
- Framing the Debate: Understanding Iowa's 2010 Judicial-Retention Election Through a Content Analysis of Letters to the Editor
- Permanent Injunctions in Patent Litigation After eBay: An Empirical Study
- The Yates Memo: Looking for 'Individual Accountability' in All the Wrong Places Article
- The Common-Law Rule of Consistency in Modern Capital Sentencing
- Investing and Pretending
- Not Treble Damages: Cartel Recoveries Are Mostly Less Than Single Damages
- Towards a Fair Appeal: Rethinking Medicare Provider Agreement Termination Appeals
- Making Taxes More Certain: Iowa State Legislators' Guide to Combined Reporting
- Give the People What They Want? The Onshoring of the Offshore
- The Judge's Order and the Rising Phoenix: The Role Public Interests Should Play in Limiting Author Copyrights in Derivative-Work Markets
- Death and Taxes and Zombies
- Elite Patent Law
- Aereo, Unlicensed Retransmissions, and Emerging Technologies: The Case for Congressional Action
- Reconsidering Parodies in the Eighth Circuit
- Picking Prosecutors
- Grounding Trademark Law Through Trademark Use
- Intestate Inheritance Rights for Unmarried Committed Partners: Lessons for U.S. Law Reform from the Scottish Experience
- Waiting for the Other Shoe: Hudson and the Precarious State of Mapp
- Assessing the Viability of Race-Neutral Alternatives in Law School Admissions
- Campaign Finance Disclosure and the Information Tradeoff
- Rediscovering the Classical Liberal Constitution: A Reply to Professor Hovenkamp
- Deterring Racial Bias in Criminal Justice Through Sentencing
- Regularizing the Trust Protector
- A Model Litigation Finance Contract
- Liberal McCarthyism and the Origins of Critical Race Theory
- Negligence, Strict Liability, and Responsibility for Climate Change
- Tesla, Dealer Franchise Laws, and the Politics of Crony Capitalism
- The Coercion of Trafficked Workers
- The Natural Complexity of Patent Eligibility
- A Timely Right to Privacy
- The Judgment Enforceability Factor in Forum Non Conveniens Analysis
- Comrades in Arms: Using the Uniform Code of Military Justice and the Military Extraterritorial Jurisdiction Act to Prosecute Civilian-Contractor Misconduct
- A Newsworthiness Privilege for Republished Defamation of Public Figures
- Fifteen Percent or Less: A Title VII Analysis of Racial Discrimination in Restaurant Tipping
- Counsel's Role in Bargaining for Trials
- 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
- Avoiding Death by a Thousand Cuts: The Relitigation of Class Certification and the Realities of the Modern Class Action
- Data-Driven Constitutional Avoidance
- Sharing Data
- The Audience for Corporate Disclosure
- Please Pass the Dictionary: Defining De Minimis Physical Injury Under the Prison Litigation Reform Act § 1997e(e)
- Big Data and Pharmacovigilance: Using Health Information Exchanges to Revolutionize Drug Safety
- Cause for Concern: Causation and Federal Securities Fraud
- Remembering Randy Bezanson
- An Alternative Approach to the RESPA Versus Chapter 13 Bankruptcy Unpaid Pre-Petition Escrow Amount Debate
- Disclosure's Effects: WikiLeaks and Transparency
- The Trust as Trojan Horse: A Comparative Perspective on Trusts' Role in Japanese Succession Law
- Successful Agriculture and Clean Water?: A Workable Path Forward for Regulating Drainage Districts as Point Sources Under the Clean Water Act
- The Hamiltonian Origins of the U.S. Patent System, and Why They Matter Today
- Celebrating Critical Race Theory at 20
- Section 512 of the Digital Millennium Copyright Act: User Experience and User Frustration
- One Law of Race?
- A Post- Granholm Analysis of Iowa's Regulatory Framework for Wine Distribution
- Batson Remedies
- The Psychology of Procedural Preference: How Litigants Evaluate Legal Procedures Ex Ante
- Healthcare Liens and the Common Fund Doctrine: The Need for Legislative Action to Prevent Fee Shifting at the Expense of Healthcare Providers
- Sending the Bureaucracy to War
- Meet Me in the Middle: The Search for the Appropriate Standard of Review for the APA's Good Cause Exception
- Fight Fraud Within Exemption: Advocating a Properly Tailored Interpretation of the § 1702 Evasion Clause of the Interstate Land Sales Full Disclosure Act
- Bank Disclosures of Cyber Exposure
- 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
- Opt-Out Education: School Choice as Racial Subordination
- The Structure of Search Engine Law
- A Stubborn Legacy: The Overwhelming Importance of Race in Jury Selection in 173 Post-Batson North Carolina Capital Trials
- Avoiding Liability: Changing the Regulatory Structure of Cryptocurrencies to Better Ensure Legal Use
- Systemic Barriers to Effective Assistance of Counsel in Plea Bargaining
- Accountability as a Debiasing Strategy: Testing the Effect of Racial Diversity in Employment Committees
- The Privacy Hierarchy: Trade Secret and Fourth Amendment Expectations
- Sexting: How the State Can Prevent a Moment of Indiscretion from Leading to a Lifetime of Unintended Consequences for Minors and Young Adults
- Backing Bundled Discounts After Brooke Group: Analyzing the Debate over the Legality of Above-Cost Bundled Discounts
- Heightened Procedure
- Standing in the Wake of the Foreclosure Crisis: Why Procedural Requirements Are Necessary To Prevent Further Loss to Homeowners
- The Investigation Narrative: An Argument for Limiting Prosecution Evidence
- Admissions in SEC Enforcement Cases: The Revolution That Wasn't
- Contractarian Theory and Unilateral Bylaw Amendments
- Law, Norms, and the Breakdown of the Board: Promoting Accountability in Corporate Governance
- Prior Art in Inter Partes Review
- The Re-Emergence of Race as a Biological Category: The Societal Implications- Reaffirmation of Race
- Forced Financial Aid: Two Arguments as to Why Iowa's Law Authorizing Courts to Order Divorced Parents to Pay Postsecondary-Education Subsidies Is Unconstitutional
- Minors and Digital Asset Succession
- The New ©ensorship
- Improving Title I Funding Equity Across States, Districts, and Schools
- The European Succession Regulation and the Arbitration of Trust Disputes
- Avoiding Not-So-Harmless Errors: The Appropriate Standards for Appellate Review of Willful-Blindness Jury Instructions
- Institutional Design and the Nature of Patents
- When the Virtual and Real Worlds Collide: Beginning to Address the Clash Between Real Property Rights and Augmented Reality Location-Based Technologies Through a Federal Do-Not-Locate Registry
- Analyzing the Void-for-Vagueness Doctrine as Applied to Statutory Defenses: Lessons from Iowa's Stand-Your-Ground Law
- Beyond the Call of Duty: Compelling Health Care Professionals to Work During an Influenza Pandemic
- Gideon and the Golden Thread
- Patentable Subject Matter: Do the 2005 USPTO Interim Guidelines Intersect StateStreet at a Roundabout?
- 147 Million Social Security Numbers for Sale: Developing Data Protection Legislation After Mass Cybersecurity Breaches
- Privacy as Quasi-Property
- On Becoming a Lawyer
- A Small Step Backwards: Foreign Convictions as Predicate Offenses After the Supreme Court"s Decision in Small v. United States
- Confusion Over Use: Contextualism in Trademark Law
- The Viability of the Law Degree: Cost, Value, and Intrinsic Worth
- Promoting Innovation
- Let the People Speak: Terrorism, the Abortion Debate, and Reduction of the Jury Award in Planned Parenthood of Columbia/Willamette, Inc. v. American Coalition of Life Activists
- Code, Nudge, or Notice?
- Lessons from the Trademark Use Debate
- Automation and the Fourth Amendment
- Who Should Pay for the Impact of New Development in Iowa: Developers or the Preexisting Community? Analysis of Home Builders Association of Greater Des Moines v. City of West Des Moines
- The Elusive Goal of Impartiality
- Reflections on My Short Tenure as the Iowa Law Review Faculty Advisor
- A Psychological Account of Consent to Fine Print
- Predicting Erroneous Convictions
- The Importance of Student and Faculty Diversity in Law Schools: One Dean?s Perspective
- Law and the Blockchain
- Evidence Law as a System of Incentives
- Deterrence and Antitrust Punishment: Firms Versus Agents
- Major publications
- Iowa's State RICO Statute: Wreaking Havoc on Iowa's Criminal Justice System
- Juvenile Justice: The Fourth Option
- Gideon v. Wainwright - From a 1963 Perspective
- Punitive Damages, Due Process, and Employment Discrimination
- In Defense of Content Regulation
- Manufacturing Barriers to Biologics Competition and Innovation
- The Ideology of Supreme Court Opinions and Citations
- Is Cooperation with the EEOC an Implied Requirement for Exhaustion of Administrative Remedies?
- Careless Conflicts: Medical Marijuana Implications for Employer Liability in the Wake of Vialpando v. Ben's Automotive Services
- Should Law-School Applications Include a Warning Label?
- Credit Reform and the States: The Vital Role of Attorneys General After Dodd-Frank
- The Un-Precedented Tax Court
- A Case for Allowing Victims of ADA Retaliation and Coercion in Employment to Recover Legal Damages
- Property, Privacy, and the Pursuit of Interconnected Electronic Medical Records
- Presumptions of Tax Motivation
- Autism, Burlington, and Change: Why It Is Time for a New Approach to the IDEA's Stay-Put Provision
- Twombly, Pleading Rules, and the Regulation of Court Access
- Proxy Discrimination in the Age of Artificial Intelligence and Big Data
- Graduating Economic Sanctions According to Ability to Pay
- The Color of Kinship
- Pulling over the United States Sentencing Guidelines: Defining 'Arrest' Under Section 4A1.2(a)(2)
- From Natural Law to Social Welfare: Theoretical Principles and Practical Applications
- Unwitting and Unwelcome in Their Own Homes: Remedying the Coverage Gap in the Child Citizenship Act of 2000
- International Legal Experience and the Mormon Theology of the State, 1945-2012
- Patent Trial and Appeal Board's Consistency-Enhancing Function
- Rethinking Trademark Fair Use
- Untangling Privacy: Losses Versus Violations
- Where United Haulers Might Take Us: The Future of the State-Self-Promotion Exception to the Dormant Commerce Clause Rule