Iowa Law Review articles from November 2008

Iowa Law Review archives from November 2008

Beyond the call of duty: compelling health care professionals to work during an influenza pandemic.
November 1, 2008... ABSTRACT: In anticipation of pandemics and other mass disasters, several states have enacted little-known laws that authorize government officials to order health care professionals to work during declared public-health emergencies, even when...

Rethinking trademark fair use.
November 1, 2008... ABSTRACT: The ever-expanding scope and strength of trademark rights has caused justifiable fears of a threat to free expression. In response, concerned scholars generally focus on perfecting the substance of legal rules that balance free speech...

The black box.(prosecutorial decisionmaking)
November 1, 2008... INTRODUCTION I. REASONS THAT REVEAL THE INTERNAL REGULATION OF PROSECUTORS A. REASONS OF PROCEDURE: EXECUTIVE EXCLUSION B. REASONS OF SUBSTANCE: THE CRIMINAL LAW C. REASONS OF PROOF: VICTIMS AND PRIOR RELATIONSHIPS ...

Against financial-literacy education.
November 1, 2008... ABSTRACT: The dominant model of regulation in the United States for consumer credit, insurance, and investment products is disclosure and unfettered choice. As these products have become more complex, consumers' inability to understand them has...

Comrades in arms: using the Uniform Code of Military Justice and the Military Extraterritorial Jurisdiction Act to prosecute civilian-contractor misconduct.
November 1, 2008... ABSTRACT: This Note proposes that a combined litigation team of Department of Justice attorneys, Department of Defense attorneys, and Judge Advocates General can use the Uniform Code of Military Justice and the Military Extraterritorial...

Continuing persecution: an argument for doctrinal codification in light of In re A-T- and Brand X.
November 1, 2008... ABSTRACT: In its September 2007 decision In re A-T- the Board of Immigration Appeals ("BIA" of the "Board") announced that unlike forced sterilization, female genital mutilation ("FGM") should not be viewed as a continuing form of persecution....

Overruling a nearly century-old precedent: why Leegin got it right.
November 1, 2008... ABSTRACT: The Supreme Court's 1911 decision in Dr. Miles Medical Co. v. John D. Park & Sons Co. established the per se illegal standard for minimum resale price maintenance. In 2007, the Roberts Court changed the standard with its decision in...

Gambling, greyhounds, and gay marriage: how the Iowa Supreme Court can use the rational-basis test to address Varnum v. Brien.
November 1, 2008... ABSTRACT: In the 2007 case Varnum v. Brien, a Polk County, Iowa judge ordered the state of Iowa to begin processing marriage licenses for same-sex couples. One of the rationales for striking down the gay-marriage ban was that it failed to pass...