Law Review
HomeStudentsStudent Activities › Law Review FaceBookLinkedInTwitterYouTube

Scotland: An Example of Constitutionalism

Michael P. Clancy

This Article covers the development of Scotland as a distinct jurisdiction in the United Kingdom and examines the current proposals for the creation of an independent Scottish state.› MORE

Trolley Problems

F.E. Guerra-Pujol

Consider the following famous thought experiment: a trolley car with defective brakes barreling down a railway line at a high speed and will, with absolute certainty, kill five workers down the line unless the trolley is stopped or somehow diverted. You have four choices: › MORE

Gaming Regulatory Jurisdiction: The Dual Criteria of Location Acceptability and Applicant Suitability

Sean McGuinness, Laury Macauley, Kade Miller & Paul Bible

Gaming laws in the United States commonly require regulators to evaluate and approve two criteria before authorizing a casino to conduct gaming operations. The first is "location acceptability," which requires the casino’s location, size, structure, physical characteristics, and amenities to conform to all applicable local and state rules and regulations. Some jurisdictions, including Iowa, also require the applicant to have a contractual relationship with a nonprofit community organization in order meet location acceptability requirements. The second criterion is "applicant suitability," which requires the operator of the proposed casino to satisfy and maintain strict background and financial probity requirements established by local and state law. › MORE

The Strategic and Discursive Contributions of the Max Planck Principles for Intellectual Property Provisions in Bilateral and Regional Agreements

Peter K. Yu

In June 2013, the internationally recognized Max Planck Institute for Intellectual Property and Competition Law (Max Planck Institute)—now the Max Planck Institute for Innovation and Competition—released its Principles for Intellectual Property Provisions in Bilateral and Regional Agreements (Max Planck Principles). Drafted by the Institute’s directors and research fellows in collaboration with a team of outside experts, this document seeks to facilitate the development of "international rules and procedures that can achieve a better, mutually advantageous and balanced regulation of international [intellectual property]." › MORE

Aunt Bee as Mom, Stepmom, or Grandmom?

Jeffrey A. Parness

The long-running—and often the most watched—1960s television program The Andy Griffith Show featured Sheriff Andy, his son Opie, and his Aunt Bee, who lived with and cared for them. During the show, neither Andy nor Bee were married, nor were they intimate with anyone. Opie had no mother, nor any man or woman apart from Bee who regularly aided Andy in his upbringing. If Andy and Bee had a falling out in the 1960s, Opie would have lived with Andy and would have seen Bee only as Andy determined. As a nonparent, Bee typically would have had no standing to seek court-ordered childcare as might a stepparent or a grandparent. Andy would have had superior parental rights even if Bee could have provided Opie with a much better home or much-needed guidance. › MORE

You Better Represent: Lessons About Lawyering from Adolescents (Real and Imagined)

Brent Pattison

When I was in college, I worked part-time at a youth shelter. Young people aged eleven to seventeen lived there temporarily while they awaited more permanent placements, or maybe a return home. When I was not being taken to school on the basketball court, cooking huge pots of spaghetti, or breaking up fights, I spent a lot of time talking with residents about their horrible experiences in foster care. Too often they were split up from their siblings, bounced around from placement to placement, and carried all of their possessions around in a garbage bag. Not surprisingly, they often wondered how the child welfare system could treat them so badly and why no one did anything about it. And here is what really blew my mind: they had lawyers. › MORE

Drake University Law School Commencement Address

Honorable Mark S. Cady

Roscoe Pound once wrote, "The law is experience, [applied continually to further experience]." Plato, centuries earlier, argued that the law is unrivaled in its ability to teach. Both were right. The law uniquely reflects our experiences in life and reveals the history of our successes and mistakes. We can learn from both. Iowa has a rich history of remarkable court decisions wherein abundant lessons for all of us can be found. › MORE

The Real Reasons the Trayvon Martin Case Should Be a Criminal Justice Poster Child

Joshu Harris

George Zimmerman is currently on trial for the fatal shooting of Trayvon Martin. The case stands out because it implicates two of our nation’s most polarizing societal issues: race and firearms. Indeed, these dimensions of the case have been underscored by early reporting on the trial, which emphasized that all but one of the selected jurors are White and two of them have guns in their homes. › MORE

A Gross Misunderstanding of Employment Discrimination

Marvin J. Lowenthal

On Friday, January 18, 2013, the U.S. Supreme Court granted certiorari in University of Texas Southwest Medical Center v. Nassar to address whether the retaliation provision of Title VII of the Civil Rights Act of 1964 (Title VII) and similarly worded statutes require plaintiffs to prove but-for causation or simply to meet the mixed-motive test (i.e., that an improper motive was one of multiple reasons the employment action was taken).  › MORE

Public Policy and the Inevitability of Internet Gambling

Keith C. Miller

Iowa has been a gaming industry leader for many years.  A state lottery, riverboats, land-based casinos, pari-mutuel gambling, and racinos are all now part of the gaming experience in Iowa.  In its last two legislative sessions Iowa entered the online gaming controversy and considered bills that would allow Internet poker to be offered on an intrastate basis.  In the 2012 legislative session, a bill authorizing Internet poker even passed the Iowa Senate only to die without consideration in the Iowa House.  Nevertheless, there exists a strong sentiment that Internet gambling is inevitable, and it is not a matter of if but when it will be adopted.  › MORE

The Iowa Business Corporations Act's Staggered Board Requirement for Public Corporations: A Hostile Takeover of Iowa Corporate Law?

Matthew G. Dore

In corporation law, a "staggered" or "classified" board of directors is one that is divided into two or three groups, with directors in each group serving staggered multi-year terms.  Three classes of directors are typical, with members of each class serving a three-year term, but only one class standing for election at each annual meeting, similar to the election pattern for U.S. Senators.  Proponents argue that a staggered board promotes "continuity, stability, and independence" on the part of corporate leadership better than the traditional unitary board structure with annual terms for all directors.  › MORE

The Alphabet Soup of Transborder Intellectual Property Enforcement

Peter K. Yu

In the past few years, policymakers, academic commentators, consumer advocates, civil liberties groups, and user communities have expressed grave concerns about the steadily increasing levels of enforcement of intellectual property rights.  Many of these concerns relate to the "alphabet soup" of transborder intellectual property enforcement, which includes the following measures: SECURE, IMPACT, ACTA, TPP, COICA, PIPA, SOPA, and OPEN. › MORE
Drake Law Review

Student Showcase

The Roles of Client and Counsel in Limiting and Forgoing Mitigating Evidence in a Capital Case

Jenny Tegeler

Mitigating evidence comes into play during the penalty phase of a capital punishment trial. If the "judge or jury has found [the] defendant guilty of an offense that is punishable by" death during the first trial, often called the guilt/innocence phase, then a second trial, often called the penalty phase, is conducted to determine the appropriate sentence. "[E]very jurisdiction that authorizes capital punishment now requires two trials." During this second trial, mitigating evidence may be presented and is weighed against the aggravating factors found during the earlier guilt/innocence trial to determine whether the defendant should be sentenced to life without parole or death. › MORE


Last Modified: 5/31/2012 1:53:00 PM by SYSTEM