Iowa Law Review articles from February 2007

Iowa Law Review archives from February 2007

Race-ing patents/patenting race: an emerging political geography of intellectual property in biotechnology.
February 1, 2007... I. INTRODUCTION II. RACE, GENES, AND DRUG DEVELOPMENT III. PRODUCING AND ORGANIZING SOCIAL DATA ON RACE AND ETHNICITY: OMB DIRECTIVE 15 IV. PRODUCING AND ORGANIZING GENETIC INFORMATION: FEDERALLY SPONSORED...

Stigmatic harm and standing.
February 1, 2007... ABSTRACT: If the government violates the law in a way that stigmatizes a particular group, does a member of that group have standing to challenge the violation in federal court? In the well-known case of Allen v. Wright, the Supreme Court said...

Secrecy and separated powers: executive privilege revisited.
February 1, 2007... INTRODUCTION I. INTRODUCTION TO EXECUTIVE PRIVILEGE: FURTHER BACKGROUND AND RELATIONSHIP TO CONGRESSIONAL INFORMATION DEMANDS II. EXISTING DOCTRINE AND SCHOLARSHIP A. EXISTING DOCTRINE B. MAJOR SCHOLARLY...

Common law and federalism in the age of the regulatory state.
February 1, 2007... ABSTRACT: Over the past several decades, the growth of federal statutes and the rise of the regulatory state has weakened and displaced state common law even in the absence of preemption. However, there is a strong theoretical and judicial...

National parks: for use and "enjoyment" or for "preservation"? and the role of the National Park Service Management Policies in that determination.
February 1, 2007... This Note tracks the history and the legislation of the national parks, focusing on whether the parks' primary purpose is preservation or use and enjoyment. The Note determines that since Congress mandated both elements as the "purpose" of the...

Telling truths: how the REAL ID Act's credibility provisions affect women asylum seekers.
February 1, 2007... ABSTRACT: When a persecuted woman flees her country, she rarely brings with her evidence of persecution for a future asylum hearing in a far-away land. Because of this unavailability of corroborating evidence, asylum law has historically given...

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.
February 1, 2007... ABSTRACT: This Note addresses the Ninth Circuit's reduction of the $108-million punitive-damages award in Planned Parenthood of Columbia/Willamette, Inc. v. American Coalition of Life Activists, an infamously controversial case involving...

Taking a chance with the burden of proof: the but-for test in homicide case law.
February 1, 2007... ABSTRACT: Homicide cases involving concurrent causation present a potential problem with the traditional but-for causation test. Professor Eric Johnson articulated this problem in a recent article in the Iowa Law Review, where he contends that...