Recent Print Edition:
Recent Print Edition:
Articles
Articles
Volume 108, Issue 2
State Constitutionalism and the Crisis of Excessive Punishment
Robert J. Smith, Zoë Robinson, & Emily Hughes
Fully addressing the mass incarceration crisis in the United States requires correctly identifying and accounting for the institutions that are responsible for it and that are positioned to effect change. While more than 113 million people in the United States are impacted by the criminal justice system, this Article argues that mass incarceration is more than a national crisis; it is also an acute local issue. . . .
AI, Taxation, and Valuation
Jay A. Soled & Kathleen DeLaney Thomas
This Article explores how tax systems, utilizing artificial intelligence, can strategically address asset-valuation concerns, offering practical reforms that would help obviate this nettlesome and age-old problem. . . .
Distributive Precedent and the Pro Se Crisis
Susannah Camic Tahk
A crisis in pro se litigation is currently facing the U.S. legal system. This crisis appears in areas of law ranging from family law to consumer protection law to employment law to the rights of people currently experiencing incarceration. In these and other areas, litigants without lawyers almost invariably lose due to enormous legal and sociolegal impediments. . . .
The Causation Canon
Sandra F. Sperino
It is rare to witness the birth of a canon of statutory interpretation. In the past decade, the Supreme Court created a new canon—the causation canon. When a statute uses any causal language, the Court will assume that Congress meant to require the plaintiff to establish “but-for” cause. This Article is the first to name, recognize and discuss this new canon. . . .
Counterclaims, Civil Actions, and the Elusive Reach of the Well-Pleaded Complaint Rule
Patrick Woolley
The role of counterclaims in federal subject-matter jurisdiction is widely misunderstood. The Supreme Court has entrenched one misunderstanding into law by holding that a counterclaim cannot provide the basis for statutory arising-under jurisdiction over a civil action. In so holding, the Court relied on a literal reading of the well-pleaded complaint rule. . . .
Notes
Notes
Volume 108, Issue 2
Feeding the Beast: How Facebook’s Monopolization of the Digital Social Advertising Market Harms Consumers and Competition in the
Kate M. Conlow
This Note argues that in addition to the PSN market, Facebook also monopolizes the DSA market. Although these two markets are separate, dominance of both adds value to Facebook’s PSN and DSA products and contributes to the entrenchment of the company’s continued monopoly. . . .
Medicaid Recovery for All?: Iowa’s Controversial Managed Care Organization and the State’s Abrogation of the Collateral Source R
Jenna E. Nelson
In 2016, Iowa adopted the managed care organization model—privatizing the state’s Medicaid program. Iowa Code Section 147.136 accounts for private insurers and Medicaid but fails to account for managed care organizations. This Note argues that the law should be amended to include managed care organizations. . . .
Protecting Democracy Within Unions: The Case for a Meaningful Vote Under Title I of the LMRDA
Nicholas A. Smoger
This Note contends federal courts should more aggressively adopt a meaningful vote standard. The federal judiciary can prohibit an expansive set of discriminatory behavior under Title I and still avoid excessive interreference in internal union affairs. . . .
It Sure Can Get Cold in Des Moines: Why the Iowa Legislature Has Remained Frozen on Transfer on Death Deeds for Real Property
Mark Stephen Hart
The Iowa State Legislature has considered the Real Property Transfer on Death Act three times since 2016. his Note will argue that the Act should be passed in Iowa with adequate education and awareness of the Act’s benefits, and with certain textual changes to the proposed legislation that may address concerns about its passage. . . .
Vindication for Victims: A Proposal to Eliminate the Civil Statute of Limitations for Minor Sexual Abuse Claims in Iowa
Samantha S. Rose
This Note advocates for the elimination of the civil statute of limitations for minor sexual abuse claims in Iowa to afford adequate relief for victims throughout their adulthood. In the event that an elimination of the statute of limitations is too expansive, this Note also presents two proposals to extend the civil statute of limitations to either thirty-five or five years after the victim turns eighteen. . . .
Recent Online Edition:
Recent Online Edition:
Legacy and Accountability
Ian Ayres
108 Iowa L. Rev. Online 1 (2022)
This Essay considers the ways that the law can help or hinder the accountability of actors and institutions. It draws two implications from the failure of Justice Ruth Bader Ginsburg to retire at a time that would have better secured the constitutional right to abortion. . . .
Thompson v. Trump: Lost in the Funhouse of Brandenburg
Jay Sterling Silver
107 Iowa L. Rev. Online 151 (2022)
D.C. Circuit Court Judge Amit Mehta’s ruling in Thompson v. Trump denying immunity to ex-President Donald Trump in actions brought against him by a variety of plaintiffs for inciting the January 6th insurrection offered a moment of relief to the left side of the Great Partisan Divide in these dark times. Mr. Trump could finally be held responsible for a bit of the havoc he wreaked. . . .
Market Practices and the Awareness/Use Problem in Insider Trading Law: A Response to Professor Verstein’s Mixed Motives Insider
Robert T. Miller
107 Iowa L. Rev. Online 162 (2022)
This Response argues that the Equal Profits Principle can be analyzed into the “No Greater Profits Principle” (traders with MNPI should not make more than other traders) and the “No Lesser Profits Principle” (traders with MNPI should not make less than other traders), and that while the No Greater Profits Principle is intuitively plausible, the No Lesser Profits Principle is not. . . .
The Peril and Promise of SCOTUS Resignations
Richard M. Re
107 Iowa L. Rev. Online 117 (2022)
Justice Breyer’s recent manner of effectuating his retirement points out both a problem and an opportunity. The problem is that there is no settled understanding, much less governing law, as to what a justice’s resignation decision means or does. . . .