Iowa Law Review

The University of Iowa publishes the Iowa Law Review five times a year. Founded in 1915, this journal focuses its articles on all aspects of law.


Vol. 105, No. 3, March

Revitalizing Involuntary Bankruptcy
I. IntroductionBankruptcy began in sixteenth century England as a remedy for creditors.1 Creditors initiated a bankruptcy proceeding by filing a complaint against their debtor.2 Debtors could not file for bankruptcy voluntarily in England or the United...
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Regulating the Future: Autonomous Vehicles and the Role of Government
I. INTRODUCTION"Every once in a while a new technology, an old problem and a big idea turn into an innovation." -Dean Kamen1In the next few years, the introduction of fully autonomous vehicles ("AVs") onto American roadways will revolutionize how people...
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Waking the Giant: A Role for the Guarantee Clause Exclusion Power in the Twenty-First Century
I. IntroductionIn 1867, Senator Charles Sumner of Massachusetts1 proposed a bill to end racial discrimination in voting rights.2 Sumner anticipated a counterargument that such a bill was outside the constitutional parameters of federal power. He conceded...
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How Nationwide Injunctions Have Thwarted Recent Immigration Policy
I. IntroductionNationwide injunctions are a highly contentious and timely topic, mainly as a result of the Trump Administration's immigration policies.1 The halting of President Obama's immigration policy in 2014 provides a brief illustration of how...
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Gobbledygook: Political Questions, Manageability, & Partisan Gerrymandering
I. IntroductionAlthough many Supreme Court Justices have signaled their interest in resolving extreme partisan gerrymandering claims over the past five decades,1 this term the court found such claims to be non-justiciable political questions.2 The Court...
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Convergence and Conflation in Online Copyright
I. IntroductionThe Digital Millennium Copyright Act1 ("DMCA") is the most important piece of copyright legislation of the last 40 years. Enacted in 1998, the DMCA did many things, but its hallmark achievement was to immunize the routine operations of...
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Proxy Discrimination in the Age of Artificial Intelligence and Big Data
I. IntroductionBig data and Artificial Intelligence ("AI") are revolutionizing the ways in which firms, governments, and employers classify individuals.1 Insurers, for instance, increasingly set premiums based on complex algorithms that process massive...
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Dividing Bail Reform
I. IntroductionMany American jurisdictions have undertaken bail reform efforts in recent years.1 States and cities have eliminated money bail,2 adopted new state laws and regulations,3 and changed factors for considering bail.4The motivations behind...
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Federalism for the Worst Case
I. IntroductionDemocracy in the United States, for all of its faults, has rarely seemed at risk of lapsing into authoritarianism. There have been only a few moments when the threat of executive tyranny has seemed real.1 But according to some observers,...
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America's Data Crisis: How Public Voter Registration Data Has Exposed the American Public to Previously Unforeseen Dangers and How to Fix It
I. IntroductionFive days after his inauguration, President Trump announced he would "be asking for a major investigation into VOTER FRAUD, including those registered to vote in two states."1 Following through on this promise, his administration created...
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Vol. 104, No. 3, March

Chipping in at Work: Privacy Concerns Related to the Use of Body Microchip ("RFID") Implants in the Employer–Employee Context
I. Introduction"Radio frequency identification ("RFID") technology is a wireless communication technology that enables users to uniquely identify tagged objects or people."1 The technology requires two physical components: readers and tags. RFID readers...
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Martinis, Manhattans, and Maltreatment Investigations: When Safety Plans Are a False Choice and What Procedural Protections Parents Are Due
"[V]nitatem in neceffarijs, in non neceffarijs libertatem, in omnibus caritatem." - Marco Antonio de Dominis, 16171I. IntroductionFew principles are more apt for child welfare law-and indeed all of the law- than De Dominis's 17th century observation....
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Paths or Fences: Patents, Copyrights, and the Constitution
I. IntroductionIn recent years, the Supreme Court has decided a number of high-profile patent and copyright cases, on topics ranging from jurisdiction1 to subject matter eligibility2 to the right to ajury.a Although the two intellectual property ("IP")...
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The More Things Change: Improvement Patents, Drug Modifications, and the FDA
I. IntroductionPolarized views engulf the pharmaceutical industry. "Big pharma," as the sector is often called, has drawn both praise for supplying the world with lifesaving drugs and scorn for keeping the prices of some of those drugs high and occasionally...
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Constituencies and Control in Statutory Drafting: Interviews with Government Tax Counsels
I. IntroductionThe end of 2017 saw Congress pass the most sweeping tax legislation in over thirty years.1 The media, academics, and policymakers have derided this new tax bill based on both its substantive policies and the process of its creation. Commentators...
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Do Ban-the-Box Laws Really Work?
I. IntroductionThe United States' mass incarceration epidemic is well documented. In less than 50 years, the jail and prison population has grown more than tenfold from approximately 200,000 in 19721 to over 1.5 million in 2015,2 despite a decades-long...
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Superfund, Pesticide Regulation, and Spray Drift: Rethinking the Federal Pesticide Regulatory Framework to Provide Alternative Remedies for Pesticide Damage
I. IntroductionIn most ways, the communities along the northeastern Arkansas border are like any other agricultural community in rural America. The small towns are inhabited by hardworking, neighborly people who tend to the green crops that border isolated...
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The Inky Ambiguity of Tattoo Copyrights: Addressing the Silence of U.S. Copyright Law on Tattooed Works
I. IntroductionAlthough the law of copyrights is a well-established and codified field, there are a handful of innovative sub-categories that remain ambiguous and unaddressed by courts in the United States. Due to an ever-changing, rapidly evolving society,...
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A Timely Right to Privacy
I. IntroductionConsider a hypothetical involving a patient who is under the care of a local physician. The physician, who has not received any privacy or security training, downloads malicious software ("malware") that disseminates the patient's electronic...
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