Recent Print Edition:
Recent Print Edition:
Volume 108, Issue 3
MDL for the People
Elizabeth Chamblee Burch
By the terms of its own statute and the limits of its constitutional authority, multidistrict litigation (“MDL”) is designed to transfer and coordinate individual lawsuits then return plaintiffs back to their chosen fora for case-specific discovery and trial. Because each plaintiff is present and has her own lawyer, there is no need for the judge to police conflicts of interest or attorney loyalty as in the MDL’s kin, the class action. . . .
Property Rights and Graves
Ralph C. Brashier
The ability to acquire the landownership rights of another through adverse possession is a fundamental part of American property law. Yet to laypeople, the adverse possessor often seems hardly more than a thief. In contrast, scholars have justified the doctrine on a number of grounds: as punishment against original landowners who fail consistently to fly flags of ownership and protect their rights; as a reward to the adverse possessor, who presumably is making a higher and better use of the land than did its original owner; and as an acknowledgement that the adverse possessor’s uninterrupted and continuous use over time—combined with a claim of ownership—leads to a psychological or emotional attachment held by the adverse possessor that far exceeds any such attachment held by the original owner. . . .
Harmonizing Music Theory and Music Law
Those litigating and adjudicating music copyright disputes find themselves at the intersection of two complex fields: U.S. copyright law and music theory. While the attorneys and judges typically have at least some experience with the former, neither they nor the jurors typically have formal training in or experience with the latter. . . .
Not from Concentrate: Collusion in Collaborative Industries
Jordan M. Barry, John William Hatfield, Scott Duke Kominers, & Richard Lowery
The chief principle of antitrust law and theory is that reducing market concentration—having more, smaller firms instead of fewer, bigger ones—reduces anticompetitive behavior. We demonstrate that this principle is fundamentally incomplete. . . .
Due Process, Delegation, and Private Veto Power
B. Jessie Hill
Nondelegation doctrine is enjoying a scholarly revival. Some commentators have read the U.S. Supreme Court’s 2019 decision in Gundy v. United States to portend new limitations on Congress’s ability to give away its authority to the executive branch. Other recent Supreme Court opinions have raised similar questions about delegation to private entities. Together, these cases may suggest imminent new constraints on the administrative state, generating urgent reconsideration of the purpose and application of the nondelegation doctrine. . . .
The Corporatist Foundations of Financial Regulation
Banks are subject to heavy regulation that is secret, not justified by cost-benefit analysis, not reviewed by the courts, not constrained by congressional appropriations, and not responsive to the President. They nonetheless prosper under the regime. The fact that they do challenges some of the basic assumptions of American administrative law—that transparency and process creates better regulation through sunlight and reasoned decision-making, that judicial review checks regulatory abuses where sunlight and reasoned decision-making do not, and that a utilitarian assessment of the merits of regulation is essential. . . .
The Rise in Remote Testimony: Exploring Sufficient Public Policies Under Craig
Wayne A. Comstock
The Confrontation Clause protects a criminal defendant’s right to confront adverse witnesses against them. The Supreme Court developed how remote testimony affects a defendant’s rights under the Confrontation Clause located in the Sixth Amendment of the Constitution. . . .
Letting the Katz out of the Bag: Recent Developments in Iowa Trash-rip Jurisprudence
Luke W. Harvey
Trash-rip searches are common in police investigations because, under most state constitutions and the Federal Constitution, garbage is not protected against searches and seizures, allowing police to search waste without a warrant. Recently the Iowa Supreme Court cast doubt on the permissibility of these warrantless searches, disturbing years of state and federal precedent. . . .
Ensuring Insurer Security: Where the Iowa Data Security Act Falls Short
Grace L. Vorbrich
Cybercrime is on the rise, especially for the insurance industry, which collects massive amounts of sensitive data. In response, the National Association of Insurance Commissioners adopted the Model Insurance Data Security Act. . . .
The Name Is Bond, Corporate Bond: Remedies for Breach of Bond Indentures After the Alarming Cash America Ruling
Charles T. Doyle
The corporate bond market has historically been one of the most highly invested capital markets in the world. A recent case has disrupted the corporate bond market by granting an untraditional remedy. This Note first discusses corporate bonds generally and their relevance in today’s capital markets. Next, this Note discusses the recent case of Wilmington Savings Fund Society, FSB v. Cash America International, Inc. in the U.S. District Court for the Southern District of New York. This Note argues the court incorrectly decided Cash America and discusses what implications that incorrect decision has on bond issuers and the corporate bond market. . . .
Love, Marriage, & Neurodiversity: Using Neuroscience to Equalize Marriage Rights for People with Intellectual & Developmental Di
Marisa A. Leib-Neri
People with intellectual and developmental disabilities (“IDD”) are subjected to strict control through guardianship arrangements. While guardianships are meant to protect people with IDD, they often strip people of self-determination and freedom. In recent years, neuroscience and the neurodiversity movement have redefined our understandings of decision-making capacity, but the law has failed to adopt these advances to the detriment of the disabled. . . .
Legacy and Accountability
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. . . .
A Response to Rules of Medical Necessity
Brendan S. Maher
108 Iowa L. Rev. 36 (2023)
Professors Monahan and Schwarcz’s recent Article in the Iowa Law Review, Rules of Medical Necessity, is a must-read for multiple audiences. In this short Response, I informally describe health insurance, and—using that perspective—describe and comment on why Rules of Medical Necessity is a piece of work that not only deserves attention from experts in the field, but is also one that casual readers should choose first when attempting to understand how health insurance works in theory and practice.
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. . . .