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.

Articles from Vol. 104, No. 4, May

Clawing Back Tuition Payments in Bankruptcy: Looking to Ancient and Recent History to Define the Future
I. Introduction"Study the past if you would define the future."1This quote, attributed to the famous Chinese philosopher Confucius, encapsulates a central theme of this Note as it explains, analyzes, and proposes solutions for a relatively new problem...
Interpreting Forum Selection Clauses
I. IntroductionForum selection clauses-contractual provisions in which the parties agree to litigate their disputes in a specified forum-are now regularly written into commercial contracts in the United States.1 Although U.S. courts were historically...
Justices, Justices, Look through Your Books, and Make Me a Perfect Match: An Argument for the Realistic Probability Test in CIMT Removal Proceedings
I. IntroductionMuch has been said about the spare phrase "crime involving moral turpitude" ("CIMT") in the context of the Immigration and Nationality Act ("INA"), and how such an amorphous phrase nonetheless manages to have such dramatic consequences.1...
Let's Meet in the Middle: Constitutional Challenges and Policy Problems with Iowa's Open Meetings Law, with Suggestions for Improvement
I. IntroductionThe news magazine The Week has a feature called "Boring but Important," which covers issues the average news consumer likely finds dull but whose impact on the wider world merits public attention.1 One might also appropriately apply the...
Minors and Digital Asset Succession
I. IntroductionOn average about 16,000 teenagers die in the United States each year.1 The 14 teenagers who were killed in a school shooting in Parkland, Florida, on February 14, 2018 are a testament to the tragic and sobering ways that minors unexpectedly...
Nakedness and Publicity
I. IntroductionIn the late 1800s, Kodak introduced the handheld camera, the first capable of taking "action shots."1 Freed from cumbersome tripod-mounted studio cameras designed for portraiture, photographers could use handheld cameras to capture spontaneous,...
One Dollar, One Vote: Mark-to-Market Governance in Bankruptcy
I. IntroductionBankruptcy is a system for maximizing, realizing, and fairly distributing the value of a failed firm to its stakeholders. In chapter 7 of the Bankruptcy code an independent and disinterested trustee liquidates the debtor firm.1 Secured...
Solzhenitsyn's Submissive Sheep of Today: The United States' Susceptibility to Dictatorial Takeover and Presidential Overreach
I.Introduction"We do not have courts so that presidents can be checked in situations of national emergency. . . . There's nobody that can check that. That's the President's responsibility."1-Judge Richard Posner, Seventh Circuit Court of AppealsDespite...
There's No Such Thing as Affirmative Duty
I. IntroductionAn individual is driving a car down a city street. Suddenly, a pedestrian steps out in front of it. What must the driver do? Under American tort law, the driver must exercise reasonable care to prevent the impending collision. Imagine,...
Trademark Failure to Function
I. IntroductionIn 2006, a company called ChaCha Search launched a new smartphone app that provided search engine access via text message. Users were invited to text queries to the number "242242," the numeric equivalent of typing "ChaCha" on their phones'...
True Damages for False Claims: Why Gross Trebling Should Be Adopted
I. IntroductionFraud has been a plague on the government since our nation's founding. Commentators have suggested that as much as ten percent of the government's spending is procured fraudulently.1 Since its enactment, the False Claims Act ("FCA") has...
Unwitting and Unwelcome in Their Own Homes: Remedying the Coverage Gap in the Child Citizenship Act of 2000
I. IntroductionInternational adoption has long been a celebrated practice in the United States, providing U.S. citizens the opportunity to become loving parents to children born outside the United States.1 As international adoptions grew in number and...
Wrongful Living
I. IntroductionThe Hippocratic Oath, which dates from the 4th Century BC, represents "an expression of ideal conduct for the physician."1 As part of its prescription for "ideal conduct," the ancient oath commands physicians to keep patients "from harm...
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