Iowa Law Review articles from October 2005

Iowa Law Review archives from October 2005

Ninety years of the Iowa Law Review: the personalities, policies, and events that shaped an enduring tradition in Iowa legal education.
October 1, 2005... I. THE IOWA LAW REVIEW. ORIGINS AND MODELS II. THE IOWA LAW OR MORE III. FACULTY ADVISORS AND STUDENT EDITORIAL RESPONSIBILITY IV. LEARNING BY WRITING V. CONCLUSION APPENDIX: AN ANNOTATED CHRONOLOGY OF THE IOWA LAW REVIEW...

Criminal liability for loss of a chance.
October 1, 2005... ABSTRACT: In a number of recent cases, appellate courts have upheld the homicide convictions of criminal defendants whose conduct merely reduced the victim's chances of surviving another injury or illness that likely would have hilled the...

The hydraulics and politics of party regulation.
October 1, 2005... ABSTRACT: Swept up in the growing "constitutionalization" of the law of democracy, political parties today are centerpieces of American law and politics. However, even sophisticated courts and legal commentators adhere to a formalistic view of...

Making a federal case of it: removing civil cases to federal court based on fraudulent joinder.
October 1, 2005... ABSTRACT: As defendants increasingly prefer to litigate in federal rather than state court, a new doctrine has emerged authorizing removal of civil cases to federal court based on diversity jurisdiction--fraudulent procedural misjoinder....

Toward a theory of interactive federalism.
October 1, 2005... ABSTRACT: Dual federalism is dead, but its spirit continues to haunt contemporary discussions of federalism. Neither courts nor scholars embrace dual federalism's goal of creating exclusive and non-overlapping spheres of state and national...

Preachers, politicians, and same-sex couples: challenging same-sex civil unions and implications on interstate recognition.
October 1, 2005... ABSTRACT: Vermont's passage of a civil union statute in 2000 set the stage for ensuing controversy surrounding the ability of sister states to legally recognize and/or dissolve the unions under their own laws and the ability of third-parties to...

Protection for defendants in the pipeline: due process limits on the retroactive application of the Booker rule.
October 1, 2005... ABSTRACT: In United States v. Booker, the Supreme Court held that the mandatory Federal Sentencing Guidelines violated defendants' Sixth Amendment right to a jury trial. To remedy the violation, the Supreme Court struck down the parts of the...

After Rants v. Vilsack: an update on item-veto law in Iowa and elsewhere.
October 1, 2005... ABSTRACT: Iowa gave its Governor limited item-veto power via a constitutional amendment in 1968. Since then, a half-dozen Iowa Supreme Court cases have clarified the meaning and scope of the amendment, which allows the Iowa Governor to item...

"Special" delivery: new interpretations of the "postal matter" exception to the Federal Tort Claims Act.
October 1, 2005... ABSTRACT: This Note examines a recent circuit split on the question of postal liability for slip-and-fall cases under the "postal matter" exception to the Federal Tort Claims Act. The United States Postal Service, a federal agency,...