Iowa Law Review articles from March 2008

Iowa Law Review archives from March 2008

The inescapable federalism of the Ninth Amendment.
March 1, 2008... ABSTRACT: For the past several decades, the majority of courts and commentators have viewed the Ninth Amendment as a provision justifying judicial enforcement of unenumerated individual rights against state and federal abridgment. The most...

Scientific speech.
March 1, 2008... ABSTRACT: Traditional First Amendment categorizations of speech content, entrenched as constitutional precedent through many cases and decades, fail to reflect the three fundamental philosophical categories of speech content: scientific speech,...

Individual or collective liability for corporate directors?
March 1, 2008... ABSTRACT: Fiduciary duty is one of the most litigated areas in corporate law and the subject of much academic attention, yet one important question has been ignored: Should fiduciary liability be assessed individually, where directors are...

Improving Title I funding equity across states, districts, and schools.
March 1, 2008... ABSTRACT: For decades, the federal role in school finance has been guided by the simple principle that greater aid should flow to areas with higher poverty. However, this principle is largely violated in practice. Through a novel empirical...

Schering the market: analyzing the debate over reverse-payment settlements in the wake of the Medicare Modernization Act of 2003 and In re Tamoxifen Citrate litigation.
March 1, 2008... ABSTRACT: The Hatch-Waxman Act, a piece of legislation that seeks to foster generic competition for brand-name pharmaceuticals, has led to the troubling practice of reverse-payment settlements. In such settlements, the brand-name company pays...

Flooded by the lowest ebb: congressional responses to presidential signing statements and executive hostility to the operation of checks and balances.
March 1, 2008... ABSTRACT: Over the course of the last three decades, U.S. Presidents have experimented with the use of presidential signing statements--written documents issued contemporaneously with the signing of a law. Under the administration of President...

Cleaning up condemnation proceedings: legislative and judicial solutions to the dilemma of admitting contamination evidence.
March 1, 2008... ABSTRACT: State courts have adopted different approaches to valuing contaminated properties for purposes of awarding just compensation in eminent domain proceedings. Of the states that have adjudicated this issue, the majority have held that...

Parking-lot laws: an assault on private-property rights and workplace safety.
March 1, 2008... ABSTRACT: In March 2004, Oklahoma passed a law prohibiting property owners from banning firearms from their parking lots. Several months later, a number of interested companies filed suit, seeking to enjoin the law's enforcement. Among other...