Iowa Law Review articles from May 2006

Iowa Law Review archives from May 2006

Congress, the federal courts, and forum non conveniens: friction on the frontier of the inherent power.
May 1, 2006... I. FORUM NON CONVENIENS IN THE FEDERAL COURTS II. THE UNCERTAIN BOUNDARIES OF THE SUPREME COURT'S INHERENT POWER III. FRICTION ON THE INHERENT POWER FRONTIER WITH CONGRESS A. VENUE AND TRANSFER 1. The Relevance of...

Presuppositions of evidence law.
May 1, 2006... I. INTRODUCTION II. THE ATOMIC THEORY OF EVIDENCE A. ITEMIZING TESTIMONY B. SPLITTING THE ATOM: INFERENCES C. THE TRANSACTION IN QUESTION D. AN OPPOSITE REACTION: GENERALIZATIONS III. MYTHS OF PRESENCE: VOUCHING...

Second-guessing the spymasters with a judicial role in espionage deals.
May 1, 2006... I. THE PATTERN OF AN ESPIONAGE DEAL II. THE NATIONAL SECURITY PARADIGM A. THE LIBERTY-SECURITY TRADE-OFF B. SEPARATION OF POWERS C. INSTRUMENTS FOR MEASURING JUDICIAL DEFERENCE III. THE ESPIONAGE DEAL IN HISTORICAL...

Appellate review of remand orders: a substantive/jurisdictional conundrum.
May 1, 2006... ABSTRACT: The law regarding when remand orders are subject to appellate review is woefully unclear, as a recent circuit split over the appellate review of remands based on a federal class-action securities law has shown. Under current law,...

Contractual waiver of Seventh Amendment rights: using the public rights doctrine to justify a higher standard of waiver for jury-waiver clauses than for arbitration clauses.
May 1, 2006... ABSTRACT: The Seventh Amendment preserves the right to a jury trial in civil cases. Seventh Amendment rights, however, can be waived through contract. While both jury-waiver clauses and arbitration clauses prevent a jury trial, federal courts...

Applying the responsible corporate officer and conscious avoidance doctrines in the context of the Abu Ghraib prison scandal.
May 1, 2006... ABSTRACT: This Note examines the applicability of the responsible corporate officer ("RCO") and conscious avoidance doctrines as tools to hold military and civilian officers accountable for the actions of their subordinates. The RCO doctrine...