Iowa Law Review articles from April 2005

Iowa Law Review archives from April 2005

Structural bias, special litigation committees, and the vagaries of director independence.
April 1, 2005... I. INTRODUCTION II. BIAS--"STRUCTURAL" AND OTHERWISE A. THE STATE OF THE CASE LAW. B. PERSPECTIVES FROM THE BEHAVIORAL SCIENCES 1. Group Cohesiveness 2. Mitigating Factors a. Identifying the...

The effects of jury ignorance about damage caps: the case of the 1991 Civil Rights Act.
April 1, 2005... INTRODUCTION I. NON-DISCLOSURE OF THE CAPS: LEGISLATIVE HISTORY AND JUDICIAL INTERPRETATION A. LEGISLATIVE HISTORY: LOST IN THE SHUFFLE B. JUDICIAL INTERPRETATION: INTEGRITY VS. REALLOCATION 1. Direct Context: Who Can...

In defense of absolutes: combating the politics of power in environmental law.
April 1, 2005... ABSTRACT: The tragedy of the commons has become the central and defining parable of environmental law. Once the environmental problem is thus defined in the terms of welfare economics, it is only natural to view the solution in those...

Mothers as suckers: pity, partnership, and divorce discourse.
April 1, 2005... ABSTRACT: Aiming to protect divorcing mothers from the market costs of caretaking, the American Law Institute has proposed a new alimony model based on loss sharing. Good intentions notwithstanding, the Institute's rationale and vocabulary...

Faretta: self-representation, or legal-misrepresentation?
April 1, 2005... ABSTRACT: Under current law, a criminal defendant has a Sixth Amendment right to waive counsel at trial and proceed pro se. At the same time, however, a defendant who exercises this right is barred from appealing on grounds of ineffective...

Make it stop or I'll sue! The feasibility of a hostile work environment claim created by sexually explicit spam.
April 1, 2005... ABSTRACT: This Note will investigate a new problem confronting sexual harassment law, that is, the influx of sexually explicit spare e-mail into the workplace. Specifically, the Note will outline the elements of a hostile work environment claim...

A trademark gamble: should use of services abroad by U.S. citizens meet the Lanham Act "use in commerce" requirement?
April 1, 2005... ABSTRACT: The Lanham Act, which protects trademark rights under U.S. law, requires that a mark be in "use in commerce" to qualify for federal protection. This "use" assumes use in all forms of commerce Congress can regulate under the...

Beyond treble damages: Hanover Shoe and direct purchaser suits after Comes v. Microsoft Corp.
April 1, 2005... ABSTRACT: In Comes v. Microsoft, the Iowa Supreme Court determined that the Iowa Competition Law allows indirect purchaser suits. The court, however, failed to clarify the impact of its ruling on defensive pass-on. As such, it appears that...