Iowa Law Review articles from July 2007

Iowa Law Review archives from July 2007

In memoriam: judge Donald P. Lay.(includes 10 testimonials)(Testimonial)
July 1, 2007... The editors of the Iowa Law Review respectfully dedicate this issue to the Honorable Donald P. Lay. Justice John Paul Stevens * The University of Iowa College of Law has played a more important role in the development of our...

Bibliography of publications authored by the honorable Donald P. Lay.(Bibliography)
July 1, 2007... Recent Case, True v. Older, 24 N.W. 2d 700 (Minn. 1948), 34 IOWA L. REV. 719 (1949). Recent Case, Standard Oil Co. of California v. United States, 69 Sup. Ct. 1065 (1949), 35 IOWA L. REV. 131 (1949). How Old Are You-Mr. Insured?, 20...

Confusion over use: contextualism in trademark law.
July 1, 2007... I. INTRODUCTION II. A CRITIQUE OF TRADEMARK USE ON DESCRIPTIVE GROUNDS A. INTERPRETATION OF "USE IN COMMERCE" B. INTERPRETATION OF THE "IN CONNECTION WITH" CLAUSE C. COMMON LAW INCORPORATION D. CASE LAW...

Grounding trademark law through trademark use.(response to article by Graeme B. Dinwoodie and Mark D. Janis in this issue, p. 1597)
July 1, 2007... I. NEW PROBLEMS, NEW SOLUTIONS II. THE CASE FOR TRADEMARK USE A. HISTORY AND DOCTRINE B. TRADEMARK USE IN CONTEXT C. DEFINITIONAL CONCERNS III. POLICY REASONS FOR MAINTAINING THE DIRECT/INDIRECT DISTINCTION...

Lessons from the trademark use debate.(response to article by Stacey L. Dogan and Mark A. Lemley in this issue, p. 1669)
July 1, 2007... I. TRADEMARK USE AND THE LANHAM ACT'S RAGGED EDGES A. ABUSE OF THE "USE IN COMMERCE" DEFINITION B. THE SECTION 33(b)(4) DEFENSE C. THE ROLE FOR COMMON LAW DEVELOPMENT OF TRADEMARK LAW D. TURNING GENERALIZATIONS INTO...

Disaggregating deference: the judicial power and executive treaty interpretations.
July 1, 2007... ABSTRACT: When confronted with ambiguous treaty language, do judges defer to the interpretation preferred by the executive branch? Should they do so? The descriptive and normative issues associated with judicial deference to executive-branch...

What we know about malpractice settlements.
July 1, 2007... INTRODUCTION I. THE STUDIES A. THREE-CATEGORY STUDIES 1. Taragin et al 2. Farber and White (2 Studies) 3. Ogburn et al 4. Sloan and Hsieh 5. Sloan et al 6. Spurr and...

Aging and caring in the home: regulating paid domesticity in the twenty-first century.
July 1, 2007... I. INTRODUCTION II. ONAGINGAND CARING III. THE HISTORICAL LEGAL LINK BETWEEN DOMESTIC SERVICE AND HOME CARE A. DOMESTIC SERVICE: A LEGAL OUTCAST B. REFLECTIONS ON THE EXCLUSION IV. THE FAIR LABOR STANDARDS ACT:...

The "evaporation point": State v. Sykes and the erosion of the Fourth Amendment through the search-incident-to-arrest exception.
July 1, 2007... ABSTRACT: The Framers designed the Fourth Amendment to protect people against warrantless searches, General Warrants, and Writs of Assistance. They intended that police would have to secure search warrants unless an emergency justified an...

Understanding proper exhaustion: using the special-circumstances test to fill the gaps under Woodford v. Ngo and provide incentives for effective prison grievance procedures.
July 1, 2007... ABSTRACT: This Note discusses the Prison Litigation Reform Act ("PLRA") and its effect on internal prison-grievance systems. The PLRA has profoundly influenced prisoners' access to federal court by mandating that prisoners exhaust available...

The Antiterrorism and Effective Death Penalty Act ("AEDPA"): understanding the failures of state opt-in mechanisms.
July 1, 2007... ABSTRACT: In 1996, President Clinton signed the Antiterrorism and Effective Death Penalty Act ("AEDPA"). This Act provides, among other things, for a reduced limitation period for the filing of habeas corpus claims by petitioners under a state...