Iowa Law Review articles from May 2008

Iowa Law Review archives from May 2008

Categorical analysis in antitrust jurisprudence.
May 1, 2008... ABSTRACT: Legal doctrines vary in the extent to which they apply either detailed, categorical rules or broad, open-ended standards that allow for case-specific adjudication. Antitrust law is generally thought of as inhabiting the standards end...

Fair use and copyright overenforcement.
May 1, 2008... ABSTRACT: Economic analysis has long suggested that there are two distinct categories of cases in which the fair use defense, which permits the unauthorized reproduction and other use of copyrighted materials, should apply. First, fair use...

Congress's power to block enforcement of federal court orders.
May 1, 2008... ABSTRACT: This Article considers the constitutionality and propriety of recent appropriations riders passed by the House of Representatives in response to controversial federal court rulings. The riders prohibit the use of any federal funds for...

Bankrupt profits: the credit industry's business model for postbankruptcy lending.
May 1, 2008... ABSTRACT: Consumer credit and consumer bankruptcy filings have grown rapidly over the last two decades, and several researchers have attempted to understand the relationship between these two intertwined features of the modern American economy....

Forced financial aid: two arguments as to why Iowa's law authorizing courts to order divorced parents to pay postsecondary-education subsidies is unconstitutional.
May 1, 2008... ABSTRACT: This Note analyzes the constitutionality of Iowa Code section 598.21F, which authorizes Iowa courts to order either parent party to a divorce to pay a postsecondary-education subsidy for his or her children between the ages of...

Prejudice, procedure, and a proper presumption: restoring the Remmer presumption of prejudice in order to protect criminal defendants' Sixth Amendment rights.
May 1, 2008... ABSTRACT: The Sixth Amendment guarantees a criminal defendant the right to a trial by an impartial jury. A defendant's Sixth Amendment rights are threatened when a jury is exposed to extrajudicial information or engages in improper contacts...

A procedural approach to "unfair methods of competition".
May 1, 2008... ABSTRACT: Section 5 of the Federal Trade Commission Act authorizes the Federal Trade Commission ("FTC") to condemn "unfair methods of competition." A perennial question has been whether the FTC may use section 5 to condemn acts that do not...

Are we living in a material world? An analysis of the Federal Circuit's materiality standard under the patent doctrine of inequitable conduct.
May 1, 2008... ABSTRACT: The patent doctrine of inequitable conduct dictates that any material information a patent applicant intentionally withholds from an examiner while obtaining a patent can render the applicant's patent unenforceable. Yet, the standard...

Felony murder, the merger limitation, and legislative intent in State v. Heemstra: deciphering the proper role of the Iowa Supreme Court in interpreting Iowa's felony-murder statute.
May 1, 2008... ABSTRACT: In State v. Heemstra, the Iowa Supreme Court overturned nearly twenty-five years of precedent controlling the felony-murder doctrine by adopting the merger limitation as applied to felonious assault. In so doing, the Court brought...