Iowa Law Review articles from May 2005

Iowa Law Review archives from May 2005

Passion's puzzle.
May 1, 2005... ABSTRACT: The puzzle of the provocation defense, otherwise known as the "heat of passion" defense, is to figure out how, if at all, each of the basic elements or features of the doctrine can be explained in a coherent and normatively attractive...

Unamendments.
May 1, 2005... ABSTRACT: The Constitution of the United States provides, in Article V, for its own amendment; but not every proposal for change is properly an "Amendment[] to this Constitution" within the meaning of Article V. Rather, there are substantive...

Disentangling the Fourth Amendment and the self-incrimination clause.
May 1, 2005... INTRODUCTION I. A PRELUDE ON METHODOLOGY II. ENTRENCHED PRACTICES III. BOYD ON THE OVERLAPPING AMENDMENTS: STILL CRAZY AFTER ALL THESE YEARS? A. BOYD' S VIEW OF THE FOURTH AND FIFTH AMENDMENTS B. SCHOLARLY...

Rethinking Prima Paint separability in today's changed arbitration regime: the case for inseparability and judicial decisionmaking in the context of mental incapacity defenses.
May 1, 2005... ABSTRACT: The expansion of arbitration from the commercial context into the consumer context has created novel legal problems. Recently, two circuit courts of appeals have reached different results when confronted with the issue of whether the...

Benefiting the bankruptcy system through deterrence: allowing a Chapter 7 trustee to recover punitive damages for a violation of the automatic stay under section 362(h).
May 1, 2005... ABSTRACT: When a debtor files for bankruptcy under Chapter 7 of the Bankruptcy Code, the "automatic stay" immediately becomes effective, prohibiting creditors and other parties from taking any action against the debtor and his or her property....

From catfish to shrimp: how Vietnam learned to navigate the waters of "free trade" as a non-market economy.
May 1, 2005... ABSTRACT: In December 2001, the United States and Vietnam signed a historic Bilateral Trade Agreement, restoring normal trade relations between the two countries for the first time since the end of the Vietnam War. Shortly afterwards, the U.S....