Recent Print Edition:
Recent Print Edition:
Articles
Articles
Volume 111, Issue 1
Access to Counsel in Immigration Court, Revisited
Ingrid V. Eagly, Steven Shafer & Renee Moulton
In this Article, we analyze almost 8 million deportation cases to provide a comprehensive understanding of the state of access to counsel for immigrants in removal proceedings. Our findings, which revisit and extend our 2015 national study on representation in U.S. immigration court, reveal considerable strides toward improved access to counsel over the past decade. . . .
The Supreme Court and Public Opinion
Scott Dodson
Alexander Hamilton famously called the Supreme Court the “least dangerous branch” because it was reliant on Congress for funding and the President for enforcement. To manage its relationship with the political branches in a way that affords the Court both independence from them and the necessary assistance from them, the Court must cultivate the affection of the electorate. . . .
Arrest Unbound
Eisha Jain
Arrest has long been legally defined as a seizure, or temporary restraint on liberty, under the Fourth Amendment. But when the government arrests someone today, it imposes far more than a seizure. . . .
The Hidden Cost of Venture Capital
Emilie Aguirre
Founders, employees, consumers, and even funders increasingly expect businesses to pursue social goals alongside financial performance. Yet even the most committed firms have found it difficult to maintain social performance over time. Scholars in economics, management, and law have put forth several explanations for this “mission drift,” including inappropriate governance, poor management, lack of genuine commitment, and threat of takeovers. . . .
Climate Strains and the Safety Net
Andrew Hammond
As the climate crisis deepens, environmental pressures like extreme heat and worsening air quality are steadily degrading daily life in the United States. Distinct from climate shocks like hurricanes or wildfires, these climate strains impact all Americans, but do so unequally, depending on several factors, including people’s geographic location, age, and whether they have the resources to adapt. . . .
Stories, Statistics, and the Regulation of Alternative Data
Aniket Kesari & Mark Verstraete
Financial technology has long relied on data like an applicant’s current indebtedness to make decisions about who gets access to new credit, but AI is now enabling credit determinations based on some unusual inputs. This “alternative data”—or data that is not intuitively connected tocreditworthiness—includes information like a consumer’s online shopping habits, whether they paid their rent and utility bills, and even how many friends they have on social media. . . .
Notes
Student Notes
Volume 111, Issue 1
SLAPP to the Face: Why Iowa’s New Anti-SLAPP Statute Should Apply in Federal Court
Andrew J. Brueck
The First Amendment prevents the government from interfering with certain fundamental rights. Of particular importance are the right to speak freely on matters of public concern and the right to petition the government for the redress of grievances. . . .
Apartment Pricing in the Era of AI, Algorithms, and Big Data
Sean P. McQuade
Home prices are at all-time highs while renters throughout the country are rent burdened. At the same time, big data, algorithms, and artificial intelligence enabled apartment owners and management companies to increase revenues with dynamic pricing, or “revenue management” software. . . .
An Analysis of How a Voluntary Paid Family and Medical Leave Program in Iowa Will Help Advance Maternal Health Outcomes
Emily C. Cray
The United States lags behind other developed nations for maternal health outcomes, especially for maternal mortality rates. There are a variety of factors that are thought to contribute to these substandard maternal health outcomes, including a lack of access to paid maternity leave. . . .
Semiprofessional Immigration: Modern Sports Require Modern Visas
Ethan W. Miner
The U.S. immigration system was partly designed to promote the admission of highly skilled foreign nationals. Although the current visa process has provided a route to admission for many foreign nationals, a modern trend is that certain groups of talented athletes do not have a visa option that fits their “semiprofessional” status. . . .
Recent Online Edition:
Recent Online Edition:
Essays & Responses
Volume 111
Taxonomizing Synthetic Data for Law
Ignacio Cofone, Katherine J. Strandburg & Nicholas Tilmes
110 Iowa L. Rev. Online 217 (2025)
Synthetic data is increasingly important in data usage and AI design, creating novel legal and policy dilemmas. All too often, discussions of synthetic data treat it as entirely distinct from “real,” collected data, overlooking the risks posed by different kinds and uses of synthetic data. . . .
Chevron Stare Decisis in a Post-Loper Bright World
Jonathan Remy Nash
110 Iowa L. Rev. Online 180 (2025)
In its June 2024 decision in Loper Bright Enterprises v. Raimondo, the Supreme Court jettisoned the longstanding Chevron doctrine, which had directed courts to defer to agencies’ reasonable interpretations of ambiguous statutes. The Loper Bright Court attempted to minimize the substantial effect this change would have on administrative law and governance by declaring that “[t]he holdings” of cases that relied on the Chevron test to conclude “that specific agency actions are lawful . . . are still subject to statutory stare decisis despite our change in interpretive methodology.” . . .
“Especially Against the Government”
Daniel Butler Friedman
110 Iowa L. Rev. Online 202 (2025)
David Gray argues that we should scrap the requirement that the Fourth Amendment’s restrictions on searches and seizures apply only to the government (the “state agency requirement”). Instead, the Amendment’s protections should also be understood to regulate the large technology companies whose actions pose an equal or greater threat to citizens’ privacy. . . .
The State Agency Requirement, the Fourth Amendment, and American Racism: A Response to David Gray
Zamir Ben-Dan
110 Iowa L. Rev. Online 167 (2025)
Professor David Gray’s Article, The Fourth Amendment State Agency Requirement: Some Doubts, convincingly argues that the Fourth Amendment was not intended to be limited to government actors. He shows that the Supreme Court’s decision to impose a state action requirement is intertwined with America’s history and legacy of racism. . . .
The Bulletin