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Iowa Law Review back issues
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Cause for concern: causation and federal securities fraud.
March 1, 2009... ABSTRACT: The Supreme Court's decision in Dura Pharmaceuticals dramatically changed federal securities fraud litigation. The Dura decision itself said little, but counseled lower courts to fashion new requirements of causation and harm modeled upon common law tort principles. These...
Twombly, pleading rules, and the regulation of court access.
March 1, 2009... ABSTRACT: In Bell Atlantic Corp. v. Twombly, the Supreme Court reconsidered Conley v. Gibson's very liberal notice pleading standard and held that the plaintiff must allege enough to support a plausibility of wrongdoing. This Article considers the Twombly decision within the broader framework...
Values and value creation in public-private transactions.
March 1, 2009... ABSTRACT: Scholars have developed a significant body of literature exploring the work of deal lawyers with the essential insight that attorneys acting as transaction-cost engineers have unique potential to add to the overall value of deals. This value-creation literature has traditionally...
Green is good: sustainability, profitability, and a new paradigm for corporate governance.
March 1, 2009... ABSTRACT: This Article relates the concept of sustainability--that society must meet its present needs without infringing on future generations' ability to do the same--to corporate governance and seeks to reconcile any conflicts between the two. The largest of these conflicts is the commonly...
A newsworthiness privilege for republished defamation of public figures.
March 1, 2009... ABSTRACT: When the media knowingly republish defamation of public figures, the media are subject to possible libel actions by the defamed parties to the same extent as the original defaming parties, even when the defamatory statements are themselves newsworthy in context. This is the dilemma...