Iowa Law Review - page 4
- The Influence of the Areeda-Hovenkamp Treatise in the Lower Courts and What It Means for Institutional Reform in Antitrust
- The RICO Trend in Class Action Warfare
- Will-Substitutes in the U.S. and in Spain
- Felony Murder, the Merger Limitation, and Legislative Intent in State v. Heemstra: Deciphering the Proper Role of the Iowa Supreme Court in Interpreting Iowa's Felony-Murder Statute
- ASSIGNED ALL MY RIGHTS AWAY: The Overuse of Assignment Provisions in Contracts for Patent Rights
- "Special" Delivery: New Interpretations of the "Postal Matter" Exception to the Federal Tort Claims Act
- Inventing the Classical Constitution
- Inventing Tests, Destabilizing Systems
- Constitutional Interpretation Revisited: The Effects of a Delicate Supreme Court Balance on the Inclusion of Foreign Law in American Jurisprudence
- From Off the Bench: The Potential Role of the U.S. Department of Education in Reforming Due Process in the NCAA
- Iowa Can Do Better than the Affiliate Tax: A Proposal for an Intermediary Tax
- Kafkaesque Dangers: IPERIA, Do Not Pay, and the Government's New Fight Against Improper Payments
- Lifetime Wealth Transfers and the Equitable Presumptions of Resulting Trust and Gift
- Iowa Law Review Centennial: Its Mission, History, and Future
- Post-Racialism
- Disclosure's Effects: WikiLeaks and Transparency
- Trademark Failure to Function
- (Potentially) Resolving the Ever-Present Debate over Whether Noncitizens in Removal Proceedings Have a Due-Process Right to Effective Assistance of Counsel
- Judging Similarity
- Regulating Sports Wagering
- Old MacDonald Files Chapter 12 Bankruptcy: How Should the IRS Tax the Reorganization?
- Revisiting Revocation upon Divorce?
- Bureaucratic Resistance and the National Security State
- Copyright for Literate Robots
- Convergence and Conflation in Online Copyright
- Twenty-Five Years of Batson: An Introduction to Equal Protection Regulation of Peremptory Jury Challenges
- Enforcement Upon the Unwitting: The Overreaching Ability of Courts to Appoint Substitute Arbitration Forums Under the Federal Arbitration Act
- Legislating for a New Age in Medicine: Defining the Telemedicine Standard of Care to Improve Healthcare in IowaNew Article
- Trust the Process: How the NBA Can Combat Its 'Tanking' Problem in Court
- Personal Jurisdiction and Choice of Law
- Won't You Be My Neighbor?' Living with Concentrated Animal Feeding Operations
- Interpreting Forum Selection Clauses
- Looking the Other Way: Porn, "Playhouse" Prisons, and the Culture of Judicial Deference
- A Transactional Theory of the Reader in Copyright Law
- The People's Peremptory Challenge and Batson: Aiding the People's Voice and Vision Through the 'Representative' Jury
- The Times: Are They a-Changin'? Saudi Law Finally Addresses Domestic Violence with Its Regulation on Protection from Abuse
- Traditional Sports and Esports: The Path to Collective Bargaining
- Method Patent Exceptionalism
- Aging and Caring in the Home: Regulating Paid Domesticity in the Twenty-First Century
- Not Always the World?s Shortest Editorial: Why Credit-Rating-Agency Speech Is Sometimes Professional Speech
- Scientific Speech
- Fair Use Through the Lenz of § 512(c) of the DMCA: A Preemptive Defense to a Premature Remedy?
- Free Speech
- Good TV Makes Bad Justice: How the Rules of Professional Conduct Can Protect Fair Trial Rights
- Copyright Trolling, An Empirical Study
- Saving Facebook
- Safe for Work? Analyzing the Supreme Court's Standard of Privacy for Government Employees in Light of City of Ontario v. Quon
- Wealth and Knowledge: Strengthening the Economy by Expanding the Qualified Purchaser 'Sophisticated' Standard Under the Investment Company Act of 1940
- Martinis, Manhattans, and Maltreatment Investigations: When Safety Plans Are a False Choice and What Procedural Protections Parents Are Due
- Summary Judgment Is Constitutional
- A 'Phantom Recall' Does Not Comport with FDA's Regulatory Practice - Or Does It?: The Need for More Stringent Mandatory Reporting in FDA Matters
- Patent Challenge Clauses: A New Antitrust Offense?
- The Jumpstart Our Business Startups Act Takes the Bite Out of Sarbanes-Oxley: Adding Corporate Governance to the Discussion
- The Employee Retirement Income Security Act of 1974: An Outdated Regulatory Framework for Retirement Investors
- Exclusivity Without Patents: The New Frontier of FDA Regulation for Genetic Materials
- Worthy Exemption? Examining How the DOL Should Apply the FLSA to Unpaid Interns at Nonprofits and Public Agencies
- A New "I Do": Towards a Marriage-Neutral Income Tax
- Water, Water Everywhere, but Not a Straw to Drink: How the Americans with Disabilities Act Serves as a Limitation on Plastic Straw Bans
- The Imprisoner's Dilemma: A Cost - Benefit Approach to Incarceration
- In Memoriam: Judge Donald P. Lay
- Flawed Coalitions and the Politics of Crime
- 'It Will Be Good for You,' They Said: Ensuring Internships Actually Benefit the Intern and Why It Matters for FLSA and Title VII Claims
- Protection for Defendants in the Pipeline: Due Process Limits on the Retroactive Application of the Booker Rule
- The Antifraud Savings Clause of the National Securities Markets Improvement Act of 1996
- Unaccompanied Youth and Private-Public Order Failures
- The New Direction of American Trust Law
- Clash of Titans: Groupon v. The Model Rules of Professional Conduct
- Race-ing Patents/Patenting Race: An Emerging Political Geography of Intellectual Property in Biotechnology
- Cultural Pragmatism: A New Approach to the International Movement of Antiquities
- Judicial Review of Absentee Voting Laws: How Courts Should Balance State Interests Against the Fundamental Right to Vote Going Forward
- Stigmatic Harm and Standing
- IP Injury and the Institutions of Patent Law
- IP Litigation in U.S. District Courts: 1994-2014
- Plain Error by Another Name: Are Ineffective Assistance of Counsel Claims a Suitable Alternative to Plain Error Review in Iowa?
- Green Is Good: Sustainability, Profitability, and a New Paradigm for Corporate Governance
- The N.R.A.'s Strict-Scrutiny Amendments
- Chipping in at Work: Privacy Concerns Related to the Use of Body Microchip ('RFID') Implants in the Employer?Employee Context
- Straddling the Federal-State Divide: Federal Court Review of Interstate Agency Actions
- Do Ban-the-Box Laws Really Work?
- The Best Puffery Article Ever
- Show Me Your Budget and I Will Tell You What You Value': Why States Should Require School Districts to Publicize Their Budgets
- The Revocation of Clean-Energy Investment Economic-Support Systems as Indirect Expropriation Post-Nykomb: A Spanish Case Analysis
- Interpreting Tax Treaties
- Burying the “Continuing Body” Theory of the Senate
- No Records, No Right: Discovery & the Fair Cross-Section Guarantee
- The Right and Wrong Ways to Sell a Public Forum
- Searching for a Solution: A Proposed Change to the Code of Iowa Chapter 808A
- In memoriam: David C. Baldus
- Vicarious Windfalls
- Sarbanes-Oxley Section 501(a): No Implied Private Right of Action, and a Call to Congress for an Express Private Right of Action to Enhance Analyst Disclosure
- Superfund, Pesticide Regulation, and Spray Drift: Rethinking the Federal Pesticide Regulatory Framework to Provide Alternative Remedies for Pesticide Damage
- David Baldus and the Legacy of McCleskey v. Kemp
- Drafting Effective Delaware Forum-Selection Clauses in the Shadow of Enforcement Uncertainty
- Congress, the Federal Courts, and Forum Non Conveniens: Friction on the Frontier of the Inherent Power
- The Enacted Purposes Canon
- Examining the Tax Advantage of Founders' Stock
- Accreditation Reconsidered
- Cause and Effect in Antidiscrimination Law
- Anticipating Accommodation
- The FBI's I-Drive and the Right to a Fair Trial
- Wrongful Living
- Insuring Understanding: The Tested Language Defense
- Federalism, Deportation, and Crime Victims Afraid to Call the Police
- The Ideology of Supreme Court Opinions and Citations
- An Expressive Theory of Privacy Intrusions
- Batson Revisited
- Ineffective Assistance of Counsel Before Powell v. Alabama: Lessons from History for the Future of the Right to Counsel
- Regulating Robo Advice Across the Financial Services Industry
- The Price of Pretrial Release: Can We Afford to Keep Our Fourth Amendment Rights?
- The Virtue of Common Ownership in an Era of Corporate Compliance
- Tort Law in the Age of Statutes
- Intent Reconceived
- PTO Panel Stacking: Unblessed by the Federal Circuit and Likely Unlawful
- Slicing Spontaneity
- Look to the States: How the State-Specific Interpretation Clarifies BAPCPA's § 522 Ambiguity and Protects State Exemption Laws
- Is Tax Increment Financing Racist? Chicago's Racially Disparate TIF Spending
- Don't Die in Iowa: Restoring Iowans' Right to Direct Final Disposition of Their Bodily Remains
- Lessons from a Life Well-Lived: A Tribute to Randall P. Bezanson
- "We, the Paparazzi": Developing a Privacy Paradigm for Digital Video
- Holding the Federal Government Accountable for Sexual Assault
- Defensible Disenfranchisement
- Hook, Line, and Stinker: How the Jurisdictional 'Hook' for Hobbs is Unconstitutionally Broad, Leads to Overcriminalization, and Absurd Results
- The Drug Quality and Security Act: Providing Quality, but Not Security, for Patients
- Pre-Submission Risk Adjustment Audits: Preventing Medicare Advantage Plans from Draining Medicare Funds Dry
- Wealth Transfer Laws in 153 Jurisdictions: An Empirical Comparative Law Approach
- Consent to Retaliation: A Civil Recourse Theory of Contractual Liability
- The North Carolina Racial Justice Act: An Essay on Substantive and Procedural Fairness in Death Penalty Litigation
- Second-Guessing the Spymasters with a Judicial Role in Espionage Deals
- Searching for Consistency in Asylum's Protected Grounds
- Stern v. Marshall: How Anna Nicole Smith Almost Stripped Bankruptcy Courts of Jury Trials
- Tax Planning for Marijuana Dealers
- Keep Calm and Causation On: Reframing Causation Analysis in Private Section 1 Antitrust Actions at Summary Judgment
- Al-Kidd v. Ashcroft: Clearly Established Confusion
- Fannie Mae, Freddie Mac, and Due-Diligence Failures: Should Comparative Responsibility Be Imposed on a Government-Sponsored Entity's Claims Brought Under Sections 11(a) and 12(a)(2) of the Securities Act of 1933?
- A New Deference Standard: The Rebuttable Presumption of Validity for USPTO Trademark Likelihood-of-Confusion Determinations
- Execution by . . . Heroin?: Why States Should Challenge the FDA's Ban on the Importation of Sodium Thiopental
- Ridesharing in the Sharing Economy: Should Regulators Impose Über Regulations on Uber?
- Evidentiary Trapdoors
- Crossfire on Compulsory Campus Carry Laws: When the First and Second Amendments Collide
- Marriage, Biology, and Federal Benefits
- Prioritizing Failure: Using the 'Rocket Docket' Phenomenon to Describe Adult Detention
- Corporate Liability for Violation of Labor Rights Under the Alien Tort Claims Act
- The Forgotten Party in O'Bannon v. National Collegiate Athletic Association: How Non-Revenue Sports Operate in a Changing Intercollegiate Marketplace
- Plain Error by Another Name: Are Ineffective Assistance of Counsel Claims a Suitable Alternative to Plain Error Review in Iowa?
- A Positive Theory of the War-Powers Constitution
- The Audience for Corporate Disclosure
- Rehabilitating Tinker: A Modest Proposal To Protect Public-School Students' First Amendment Free Expression Rights in the Digital Age
- Japan's 'Reinterpretation' of Article 9: A Pyrrhic Victory for American Foreign Policy?
- Unofficial Family Law
- Administering Patent Law
- Against Fair Use: The Case for a Genericness Defense in Expressive Trademark Uses
- The Constitutional Validity of Pro Forma Recess Appointments: A Bright-Line Test Using a Substance-over-Form Approach
- The Durability of Formalism in Antitrust
- The Evolution of the Modern International Trust: Developments and Challenges
- Individual or Collective Liability for Corporate Directors?
- 'It Will Be Good for You,' They Said: Ensuring Internships Actually Benefit the Intern and Why It Matters for FLSA and Title VII Claims
- Telling Truths: How the REAL ID Act's Credibility Provisions Affect Women Asylum Seekers
- The Antitrust Constitution
- America's Data Crisis: How Public Voter Registration Data Has Exposed the American Public to Previously Unforeseen Dangers and How to Fix It
- Self-Defense and the Suspicion Heuristic
- Testing Modern Trademark Law's Theory of Harm
- Patent Schisms
- Über-Middleman: Reshaping the Broken Landscape of Music Copyright
- Machine Learning at the Patent Office: Lessons for Patents and Administrative Law
- Striking Batson Gold at the End of the Rainbow?: Revisiting Batson v. Kentucky and Its Progeny in Light of Romer v. Evans and Lawrence v. Texas
- What Is Criminal Restitution?
- Structural Sensor Surveillance
- Aggressive Encounters & White Fragility: Deconstructing the Trope of the Angry Black Woman
- Separation of Powers, Individual Rights, and the Constitution Abroad
- Policing Police Access to Criminal Justice Data
- Why Less Property Is More: Inclusion, Dispossession, & Subjective Well-Being
- Aggregation by Acquisition: Replacing Class Actions with a Market for Legal Claims
- 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
- Managing Identity: Buying Into the Brand at Work
- Scrutiny Mutiny: Why the Iowa Supreme Court Should Reject Employment Division v. Smith and Adopt a Strict Scrutiny Standard for Free-Exercise Claims Arising Under the Iowa Constitution
- Identifying Employers' 'Proxies' in Sexual-Harassment Litigation
- The New Deterrence: Crime and Policy in the Age of Globalization
- Preventing a Boom from Turning Bust: Regulators Should Turn Their Attention to Starter Interrupt Devices Before the Subprime Auto Lending Bubble Bursts
- Show Me Your Budget and I Will Tell You What You Value': Why States Should Require School Districts to Publicize Their Budgets
- Bypassing Federalism and the Administrative Law of Negawatts
- Peacemaking in the Culture War Between Gay Rights and Religious Liberty
- Protecting the Unconvicted: Limiting Iowa's Rights to Public Access in Search of Greater Protection for Criminal Defendants Whose Charges Do Not End in Convictions
- Total Control: Corporate Governance, Firm Performance, and Possible Solutions for Reducing Downside Risk in Technology Companies with Dominant CEOs
- The Post-Ratification Consensus Agreements of the Parties to the Montreal Protocol: Law or Politics? An Analysis of Natural Resources Defense Council v. EPA
- Transporting Oil and Gas: U.S. Infrastructure Challenges
- The Search Interest in Contract
- Cooperative Enforcement in Immigration Law
- Healthism and the Law of Employment Discrimination
- Do Patent Licensing Demands Mean Innovation?
- One Gun Too Many: Double-Counting the Same Offense in Iowa
- Benchmark Regulation