Iowa Law Review articles from November 2006

Iowa Law Review archives from November 2006

Constitutional collectivism and ex-offender residence exclusion laws.
November 1, 2006... I. INTRODUCTION II. FEAR AND LOATHING (IN ONE'S OWN BACKYARD) III. THE CURRENT JUDICIAL TERRAIN AND ITS CONSEQUENCES A. DOE V. MILLER B. THE NATIONAL CONSEQUENCES OF EXCLUSION IV. A NATIONAL SOLUTION FOR A...

Facial challenges, legislative purpose, and the commerce clause.
November 1, 2006... ABSTRACT: Over the past decade or so, the Supreme Court has issued an extraordinary and highly controversial series of decisions concerning the scope of Congress's power. Yet beneath the surface of the debate over the federalism cases lies a...

Law, norms, and the breakdown of the board: promoting accountability in corporate governance.
November 1, 2006... ABSTRACT: This Article considers the dominant claim in corporate law literature that extra-legal mechanisms such as markets and social norms provide adequate safeguards against corporate mismanagement and opportunism. After noting recognized...

The price of pretrial release: can we afford to keep our Fourth Amendment rights?
November 1, 2006... INTRODUCTION I. THE LAW GOVERNING PRETRIAL DETENTION AND RELEASE CONDITIONED ON A FOURTH AMENDMENT WAIVER A. THE BAIL REFORM ACT OF 1984 B. THE NINTH CIRCUIT'S DECISION IN UNITED STATES V. SCOTT C. THE WORD FROM...

A misplaced bright-line rule: coercive population control in China and asylum for unmarried partners.
November 1, 2006... ABSTRACT: The United States provides statutory asylum rights for victims of forced abortion or sterilization. Congress created these rights as a response to the plight of Chinese victims of coercive population control. Although current case law...

The Federal Judiciary Emergency Special Sessions Act of 2005: allowing ongoing criminal prosecutions during crisis or hindering compliance with the Speedy Trial Act?
November 1, 2006... ABSTRACT: The devastation caused by Hurricane Katrina in late August 2005 prompted Congress to pass the Federal Judiciary Emergency Special Sessions Act of 2005. This Act allows federal courts (district, circuit, and bankruptcy) to relocate...

A small step backwards: foreign convictions as predicate offenses after the Supreme Court's decision in Small v. United States.
November 1, 2006... ABSTRACT: Under 18 U.S.C. [section] 922(g), it is a federal crime for anyone who has been "convicted in any court of a crime punishable by imprisonment of a term exceeding one year" to possess a firearm. In Small v. United States, the Supreme...

Substantive due process, plenary-power doctrine, and minimum contacts: arguments for overcoming the obstacle of asserting personal jurisdiction over terrorists under the Anti-Terrorism Act.
November 1, 2006... ABSTRACT: Congress enacted the Anti-Terrorism Act to create a federal cause of action for torts arising out of acts of international terrorism that cause injuries to U.S. citizens. Even though victims have benefited from the Act, they have also...