Iowa Law Review articles from February 2008

Iowa Law Review archives from February 2008

Two puzzles resolved: of the Schumpeter-Arrow stalemate and pharmaceutical innovation markets.
February 1, 2008... ABSTRACT: One of the most heated discussions in economics in recent years has concerned the relationship between market structure and innovation. After a half-century of debate and innumerable studies, the consensus is that there is no clear...

Expert witnesses, adversarial bias, and the (partial) failure of the Daubert Revolution.
February 1, 2008... I. INTRODUCTION II. FORENSIC SCIENCE III. EXPERT TESTIMONY REGARDING CAUSATION IN TOXIC TORT LITIGATION IV. CONNOISSEUR TESTIMONY V. CONCLUSION I. INTRODUCTION The American judiciary traditionally had a...

The innocent prisoner's dilemma: consequences of failing to admit guilt at parole hearings.
February 1, 2008... INTRODUCTION I THE THEORY AND PRACTICE OF PAROLE A. HISTORICAL ORIGINS AND PURPOSES OF PAROLE B. PAROLE RELEASE DECISION-MAKING: CONTEMPORARY STANDARDS AND POLICIES II. THE EFFECT OF PAROLE RELEASE...

Posner, Hayek, and the economic analysis of law.
February 1, 2008... ABSTRACT: This Article examines Richard Posner's critique of F.A. Hayek's legal theory and contrasts the two thinkers' very different views of the nature of law, knowledge, and the rule of law. Posner conceives of law as a series of disparate...

Getting payment for a clean bill of health: reconciling the Health Insurance Portability and Accountability Act ("HIPAA") with the Fair Debt Collection Practices Act ("FDCPA") for health-care debt collection.
February 1, 2008... ABSTRACT: While the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") addressed the concerns of millions of Americans regarding their health care, the drafters failed to consider a major issue with regard to debt collection....

Look before you leap: a guide to the law of inadvertent disclosure of privileged information in the era of e-discovery.
February 1, 2008... ABSTRACT: The inadvertent production of privileged documents promises to become more frequent as discovery becomes more complex. The amended Federal Rules of Civil Procedure and proposed Federal Rule of Evidence 502 address concerns regarding...

The post-ratification consensus agreements of the parties to the Montreal Protocol: law or politics? An analysis of Natural Resources Defense Council v. EPA.
February 1, 2008... ABSTRACT: This Note addresses the legal status of the post-ratification consensus Decisions of the Parties to the Montreal Protocol. The discussion covers the background to the Montreal Protocol and the incorporation of the United States'...

Fashioning a constitutional voter-identification requirement.
February 1, 2008... ABSTRACT: In recent years, some states have responded to concerns about voter fraud by enacting requirements that voters present identification before voting. Opponents have aggressively challenged the constitutionality of these requirements in...