Iowa Law Review articles from July 2008

Iowa Law Review archives from July 2008

Art and the Constitution.
July 1, 2008... I. INTRODUCTION II. THE NATURE OF ART III. WHY SHOULD ART BE PROTECTED? IV. INTERPRETING THE FIRST AMENDMENT TO PROTECT ART V. CONCLUSION I. INTRODUCTION The First Amendment has been with us for 217 years. Over that long...

The unconstitutionality of summary judgment: a status report.
July 1, 2008... ABSTRACT: Summary judgment is unconstitutional. This Symposium Article summarizes this thesis, which was first set forth in Why Summary Judgment Is Unconstitutional, published by the Virginia Law Review. This Article also describes the...

Summary judgment is constitutional.
July 1, 2008... ABSTRACT: This Article demonstrates that summary judgment is constitutional and does not violate the Seventh Amendment. Two historical antecedents, used by common-law courts, justify modern summary judgment, trial by inspection and demurrer to...

Summary judgment and the progressive Constitution.
July 1, 2008... At the outset, let me be clear: my main argument is that America is and must be governed by a progressive Constitution that changes in response to changing societal needs, not by black-letter rules that were adopted one or two centuries ago and...

Why summary judgment is still unconstitutional: a reply to Professors Brunet and Nelson.(response to articles in this issue, p. 1625, 1653)
July 1, 2008... ABSTRACT: As I have stated, summary judgment is unconstitutional. Professors Edward Brunet's and William Nelson's Symposium responses to my article Why Summary Judgment Is Unconstitutional, previously published in the Virginia Law Review,...

Batson, O.J., and Snyder: lessons from an intersecting trilogy.
July 1, 2008... INTRODUCTION I. THE LEGACY OF BATSON II. SNYDER AND THE PROSECUTORIAL USE OF RACIAL PROXIES--THE LOUISIANA SUPREME COURT DECISION III. THE COLLISION OF O.J. AND SNYDER IV. CONCLUSION--THE SUPREME COURT'S MISSED...

Waiting for the other shoe: Hudson and the precarious state of Mapp.
July 1, 2008... INTRODUCTION I. WHEN BAD THINGS HAPPEN TO GOOD CASES: HOW BAD TIMING TURNED A FOURTH AMENDMENT FOOTNOTE INTO A POTENTIAL BLOCKBUSTER A. ALL ACCORDING TO PLAN: FINDING BOOKER T. HUDSON, JR. AND THE FIRST ARGUMENT...

The exclusionary rule and causation: Hudson v. Michigan and its ancestors.
July 1, 2008... ABSTRACT: In Hudson v. Michigan, the Supreme Court held that evidence need not be excluded despite the fact that the police had violated the Fourth Amendment by failing to knock and announce their presence before conducting a search. The Court...

Hudson v. Michigan and the future of Fourth Amendment exclusion.
July 1, 2008... I. INTRODUCTION II. THE LOGIC OF THE HUDSON OPINIONS: MAJORITY PREMISES, CONCURRING QUALIFICATIONS, AND DISSENTING CHALLENGES A. THE MAJORITY B. THE KENNEDY CONCURRENCE C. THE DISSENT III. TASTING HUDSON'S...

Patentable subject matter: do the 2005 USPTO interim guidelines intersect State Street at a roundabout?(United States Patent & Trademark Office)
July 1, 2008... ABSTRACT: The treatment of patentable subject matter in the U.S. patent system has evolved in numerous ways since its inception. However, this evolution is not as drastic as one might guess, given that Congress enacted the first patent laws in...

Sarbanes-Oxley section 501(a): no implied private right of action, and a call to Congress for an express private right of action to enhance analyst disclosure.
July 1, 2008... ABSTRACT: Section 501(a) of Sarbanes-Oxley and Regulation A C require securities analysts to disclose conflicts of interest associated with research reports. It is unlikely that courts will imply a private right of action in section 501(a) or...

Roommate wanted: the right to choice in shared living.
July 1, 2008... In recent years, the government and private actors have applied state and federal housing-discrimination statutes to shared-living arrangements. These statutes limit the factors that an individual may consider in choosing a roommate or...