Iowa Law Review articles from May 2007

Iowa Law Review archives from May 2007

"Less" is "more"? Textualism, intentionalism, and a better solution to the Class Action Fairness Act's appellate deadline riddle.
May 1, 2007... ABSTRACT: Federal appellate judges have recently grappled with an interpretive puzzle that opens a new frontier in the long-running judicial and scholarly debate about statutory interpretation. The landmark but controversial Class Action...

The search interest in contract.
May 1, 2007... ABSTRACT: Parties often do not negotiate for contract terms. Instead, parties search for the products, terms, and contractual counterparties they desire. The traditional negotiation-centered view of contract leads courts to try to determine the...

Probability thresholds.
May 1, 2007... ABSTRACT: Scholars and lower courts have traditionally operated under the belief that cases involving direct tradeoffs between free speech and national security call for the application of straightforward cost-benefit analysis. But the Supreme...

Sending the bureaucracy to war.
May 1, 2007... I. INTRODUCTION II. THEORIES OF ADMINISTRATIVE LAW AND THE WAR ON TERROR A. EXPERTISE AND DISCRETION IN CLASSICAL THEORY B. THE TURN TOWARDS POLITICS AND A WAY FROM CAPACITY C. WAR ON TERROR SCHOLARSHIP: THE PRIVILEGING OF...

Corporate governance in India: past, present, and suggestions for the future.
May 1, 2007... ABSTRACT: While corporate governance may not dictate the economic prospects of developing countries, it certainly plays an integral role in shaping them. This Note contains a detailed analysis of the corporate-governance architecture of one...

The volunteer border patrol: the inevitable disaster of the Minuteman Project.
May 1, 2007... ABSTRACT: National frustration with the United States' immigration policy has been increasing rapidly over the past decade. Society often blames immigrants, legal and illegal, for local increases in drug use, crime, and job loss. Partly due to...

A case for allowing victims of ADA retaliation and coercion in employment to recover legal damages.
May 1, 2007... ABSTRACT: More than a decade after Congress passed the Americans with Disabilities Act of 1990 ("ADA ") and expanded the remedies available for disability discrimination in employment with the Civil Rights Act of 1991, the Seventh Circuit, in...

Restricting prosecutors' powers: increasing oversight to reinstate corporate interests.
May 1, 2007... ABSTRACT: The pervasiveness of corporate scandals throughout the past decade has necessarily captured the attention of legislators and federal agencies that are charged with protecting investor interests. Lawmakers adopted amendments in 2004 to...