Iowa Law Review articles from March 2009

Iowa Law Review archives from March 2009

Cause for concern: causation and federal securities fraud.
March 1, 2009... ABSTRACT: The Supreme Court's decision in Dura Pharmaceuticals dramatically changed federal securities fraud litigation. The Dura decision itself said little, but counseled lower courts to fashion new requirements of causation and harm modeled...

Twombly, pleading rules, and the regulation of court access.
March 1, 2009... ABSTRACT: In Bell Atlantic Corp. v. Twombly, the Supreme Court reconsidered Conley v. Gibson's very liberal notice pleading standard and held that the plaintiff must allege enough to support a plausibility of wrongdoing. This Article considers...

Values and value creation in public-private transactions.
March 1, 2009... ABSTRACT: Scholars have developed a significant body of literature exploring the work of deal lawyers with the essential insight that attorneys acting as transaction-cost engineers have unique potential to add to the overall value of deals....

Green is good: sustainability, profitability, and a new paradigm for corporate governance.
March 1, 2009... ABSTRACT: This Article relates the concept of sustainability--that society must meet its present needs without infringing on future generations' ability to do the same--to corporate governance and seeks to reconcile any conflicts between the...

A newsworthiness privilege for republished defamation of public figures.
March 1, 2009... ABSTRACT: When the media knowingly republish defamation of public figures, the media are subject to possible libel actions by the defamed parties to the same extent as the original defaming parties, even when the defamatory statements are...

The NLRB's Oil Capitol and Toering decisions and their effects on unionization and American labor law.
March 1, 2009... ABSTRACT: In May of 2007, the National Labor Relations Board ("NLRB" or "Board") radically changed remedies for union salting in the case Oil Capitol Sheet Metal, Inc. In the case, the Board determined that salts, rather than discriminating...

Stuck in a bind: can the Arbitration Fairness Act solve the problems of mandatory binding arbitration in the consumer context?
March 1, 2009... ABSTRACT: In the last twenty years, mandatory binding arbitration has become ubiquitous in consumer contracts. The rise of mandatory binding arbitration represents a deliberate strategy on the part of businesses. The widespread adoption of...

Extending refugee definitions to cover environmentally displaced persons displaces necessary protection.
March 1, 2009... ABSTRACT: The growing effects of climate change and global warming create a need for protection of environmentally displaced persons. While governments could use current international and domestic definitions of refugee to protect...