ANNOUNCEMENTS



Issue 97:4 Now Available

Issue 4 of Volume 97 is now available online and in print. The issue contains four articles, two essays, and four student-written notes.

Student Note Recognized on TaxProf Blog

The Iowa Law Review is proud to announce that Travis Cavanaugh's note, Iowa Can Do Better than the Affiliate Tax: A Proposal for an Intermediary Tax, was recognized on TaxProf Blog.

Forthcoming Essay Reviewed on Jotwell

Professor Randall P. Bezanson's forthcoming essay, Whither Freedom of the Press?, was identified by Paul Horwitz as one of the best works of recent scholarship relating to Constitutional Law in a review published in Jotwell: Journal of Things We Like (Lots).
The essay will be published in Volume 97, Issue 4 of the Iowa Law Review.

Student Note Recognized on TaxProf Blog

The Iowa Law Review is proud to announce that Daniel Fisher's note, Old MacDonald Files Chapter 12 Bankruptcy: How Should the IRS Tax the Reorganization?, was recognized on TaxProf Blog.

Volume 98 Editors

The Iowa Law Review Volume 97 Editorial Board is proud to announce the new Editorial Board and Contributing Editors for Volume 98. View the Masthead.


IOWA LAW REVIEW BULLETIN



Direct Employer Liability for Punitive Damages

by Sandra F. Sperino

Responding to Seiner, Punitive Damages, Due Process, and Employment Discrimination

   
View Response   View Article

Insular Thinking About Habeas

by Stephen I. Vladeck

Responding to Kent, Boumediene, Munaf, and the Supreme Court’s Misreading of the Insular Cases

   
View Response   View Article

Why Crime Severity Analysis is Not Reasonable

by Christopher Slobogin

Responding to Bellin, Crime-Severity Distinctions and the Fourth Amendment: Reassessing Reasonableness in a Changing World

   
View Response   View Article

IP Foreclosure and Antitrust Foreclosure

by Steven Semeraro

Responding to Bohannan, IP Misuse as Foreclosure

   
View Response   View Article

The Way Forward: Racial Integration After Ricci, a Response to Michelle Adams

by Elise C. Boddie

Responding to Adams, Is Integration a Discriminatory Purpose?

   
View Response   View Article

The Fifth Amendment, Cell Phones and Search Incident: A Response to Password Protected?

by Susan W. Brenner

Responding to Gershowitz, Password Protected? Can a Password Save Your Cell Phone from a Search Incident to Arrest?


View Response   View Article

Unconscionability and Consent in Corporate Law (A Comment on Cunningham)

by Kent Greenfield

Responding to Cunningham, A New Legal Theory To Test Executive Pay: Contractual Unconscionability

Professor Greenfield situates Professor Cunningham’s article in the ongoing debate over whether corporate law is best analogized to contract law or property law, arguing that even though Professor Cunningham’s article proposes a contract-law remedy, it is best understood as supporting the corporation-as-property metaphor.   
View Response   View Article

The Dark Side of Litigation as a Social Movement Strategy

by Catherine Albiston

Responding to NeJaime, Winning Through Losing


View Response   View Article

IP Misuse and Innovation Harm

by Thomas F. Cotter

Responding to Bohannan, IP Misuse as Foreclosure

Professor Cotter’s response argues that Professor Bohannan’s misuse proposal goes too far and that courts should not apply the misuse doctrine “to combat harms to competition and innovation in a manner that would depart from standard antitrust law” because doing so could have a stifling effect on future innovation.   
View Response   View Article

The Timely Demise of the Fourth Amendment Third Party Doctrine

by Stephen E. Henderson

Responding to Tokson, Automation and the Fourth Amendment

Professor Henderson’s response includes a four-factor test courts should apply in determining whether a person retains a reasonable expectation of privacy in information given to a third party.   
View Response   View Article

Things Are Bad Enough Already

by David McGowan

Responding to Litman, Real Copyright Reform

Professor McGowan’s response argues (1) that there is less wrong with copyright law than Professor Litman argues, (2) that, while some of Professor Litman’s recommendations for copyright reform are valid, we should not preference “mandatory rules over defaults,” (3) and ends with a proposal for more grounded copyright scholarship, while still acknowledging the importance and appeal of scholarship that will be difficult or impossible to implement.   
View Response

Copyright Harm and Reform

by Christina Bohannan

Responding to Litman, Real Copyright Reform

Professor Bohannan challenges one of Professor Litman’s cornerstone proposals for reform—that copyrights should be defined as rights against "commercial exploitation."   
View Response

National Security and the Shadows of “Common Sense”

by Alexander A. Reinert

Responding to Margulies, Judging Myopia in Hindsight: Bivens Actions, National Security Decisions, and the Rule of Law

View Response

Procuring “Justice”?: Citizens United, Caperton v. Massey, and Partisan Judicial Elections

by andré douglas pond cummings

Responding to LeRoy, Do Partisan Elections of Judges Produce Unequal Justice When Courts Review Employment Arbitrations?

Professor cummings discusses Professor LeRoy’s research from the context of the Supreme Court’s decisions in Citizens United and Caperton, arguing that—without intervention—we can now see that Citizens United will create situations where money will play an even bigger role in judicial decision-making.   
View Response

IOWA LAW REVIEW


May 2012, Vol. 97, No. 4


ARTICLES


Statutes as Contracts? The “California Rule” and Its Impact on Public Pension Reform

by Amy B. Monahan    View Article


Examining the Tax Advantage of Founders’ Stock

by Gregg D. Polsky & Brant J. Hellwig    View Article


The Institutional Case for Judicial Review

by Jonathan R. Siegel    View Article


Toward a Theory of Medical Malpractice

by Alex Stein    View Article


ESSAYS


Whither Freedom of the Press?

by Randall P. Bezanson    View Essay


Unradical: “Freedom of the Press” as the Freedom of All To Use Mass Communications Technology

by Eugene Volokh    View Essay


NOTES


Safe for Work? Analyzing the Supreme Court’s Standard of Privacy for Government Employees in Light of City of Ontario v. Quon

by Sheila A. Bentzen    View Note


The 75 Billion Dollar Question: Why Is HAMP Not an Entitlement Program?

by Nicholas T. Maxwell    View Note


Removing the Constraints to Coverage of Gender-Confirming Healthcare by State Medicaid Programs

by Nicole M. True    View Note


Worthy Exemption? Examining How the DOL Should Apply the FLSA to Unpaid Interns at Nonprofits and Public Agencies

by Anthony J. Tucci    View Note