Faculty Scholarship News | College of Law

Professor Osiel's new book, The Right to Do Wrong

From Harvard University Press: Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be as offensive as we want, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law...

Latest Faculty Scholarship: SSRN Legal Studies Research Paper Series Vol. 18, No. 1

For the latest scholarship from the Iowa Law faculty, see the following articles or book chapters circulated as part of the University of Iowa College of Law Legal Studies Research Paper Series on SSRN. Thomas P. Gallanis : Will Substitutes: A U.S. Perspective A. Braun and A. Röthel, eds. Passing...

Latest Faculty Scholarship: SSRN Legal Studies Research Paper Series Vol. 17, No. 3

For the latest scholarship from the Iowa Law faculty, see the following articles or book chapters circulated as part of the University of Iowa College of Law Legal Studies Research Paper Series on SSRN : Laura J. Hines and N. William Hines : Constitutional Constraints on Punitive Damages: Clarity,...

Judging Opportunity Lost: Assessing the Viability of Race-Based Affirmative Action After Fisher v. University of Texas

In this article, Professor Onwuachi-Willig and her two co-coauthors argue that the U.S. Supreme Court has missed several opportunities to acknowledge and explicate the ways in which race, racism, and racial privilege operate in society, and thus missed opportunities to advance the anti-...

The Un-Precedented Tax Court

In this article, Professor Grewal examines the constitutional and practical problems posed by the Tax Court's issuance of non-precedential opinions. To read the paper, click here and then press the "download this paper" button.

Teva, Nautilus, and Change Without Change

In this essay, Professor Rantanen critically assesses the Federal Circuit's response to the U.S. Supreme Court's rulings in Nautilus v. Biosig and Teva v. Sandoz . To read the paper, click here and then press the "download this paper" button.

Rediscovering Capture: Antitrust Federalism and the North Carolina Dental Case

In this brief essay, Professor Hovenkamp critically evaluates the U.S. Supreme Court's 2015 antitrust ruling concerning state-action immunity in North Carolina State Board of Dental Examiners v. FTC . To read the essay, click here and then press the "download this paper" button.

The Malleability of Patent Rights

In this article, Professor Rantanen argues that--contrary to conventional wisdom--there are a variety of important ways in which patent rights are not static and fixed. To read the article, click here and then press the "download this paper" button.

Antitrust and Information Technologies

In this article, Professor Hovenkamp examines the relationship between competition policy and information technology, paying particular attention to the opportunities and challenges presented by digitization. To read the article, click here and then press the "download this paper" button.

Experience Explained: A Review of David Skeel's "True Paradox"

In this short paper, Professor Miller reviews David Skeel's book, True Paradox: How Christianity Makes Sense of Our Complex World . To read the paper, click here and then press the "download this paper" button.

Predatory Pricing under the Areeda-Turner Test

In this paper, Professor Hovenkamp examines the legacy of the Areeda-Turner average-variable-cost (AVC) test for predatory pricing. To read the paper, click here and then press the "download this paper" button.

How King v. Burwell Creates Tax Problems for 2014-2015 Health Care Enrollees

In this short essay, Professor Grewal argues that those who purchase a health-insurance policy on a federal exchange during the current enrollment season could find themselves facing a surprising tax bill when they complete their 2015 tax returns. To read the essay, click here and then press the "...

The Rule of Reason and the Scope of the Patent

In this article, Professor Hovenkamp argues that the "scope of the patent" metaphor might remain useful for assessing conduct thought to be inconsistent with patent law, it is generally not a helpful antitrust tool. To read the article, click here and then press the "download this paper" button.

RMBS Put-Back Litigations and the Efficient Allocation of Endogenous Risk Over Time

In this article, Professor Miller takes a close look at an issue concerning ongoing litigation involving residential mortgage-backed securities. In particular, he examines the relationship between the statute of limitations and the efficient allocation of risk between the buyers and sellers of...

Progressive Legal Thought

In this article, Professor Hovenkamp challenges the conventional story that progressive legal thought supplanted classical legal thought in the late nineteenth and early twentieth centuries. In reality, Professor Hovenkamp argues, classical legal thought would have collapsed even if progressives...

The Compliance Case for Social Enterprise

In this article, Professor Yockey argues that traditional strategies for corporate compliance are incongruent to social enterprise firms’ unique normative framework, and that attention to this matter is essential for developing effective compliance and enforcement policies in the future. To read...

Campaign Finance, Federalism, and the Case of the Long-Armed Donor

In this essay, Professor Pettys examines retired justice John Paul Stevens’s critique of the Court’s 2014 campaign-finance ruling in McCutcheon v. Federal Election Commission, and finds that critique unpersuasive. To read the essay, click here and then press the “download this paper” button.

Petaluma and the Limits of the Treasury’s Authority

In this article, Professor Grewal continues his important exploration of fundamental tax and administrative law doctrines–areas in which his scholarship is playing a leading role in currently pending cases. To read the paper, click here and then press the “download this paper” button.

Antitrust and the Patent System: A Reexamination

In this article, Professor Hovenkamp first examines antitrust and patent law as regulatory institutions with legislative mandates to regulate in their given areas, but subject to limitations that all regulatory institutions face — namely, high cost, imperfect information, and special interest...

Corruption and the Transnational Litigation Prisoner’s Dilemma

In this article, Professors Gowder and Steinitz use game theory to argue that perceptions of widespread corruption in the judicial processes in developing countries create ex ante incentives to act corruptly. They offer a solution: the establishment of an international court of civil justice. To...

Free Expression, In-Group Bias, and the Court’s Conservatives: A Critique of the Epstein-Parker-Segal Study

In this article, Professor Pettys critiques a prominent study in which the Roberts Court’s currently sitting conservatives are found guilty of in-group bias in free-expression cases. Professor Pettys argues that the study’s uniform condemnation of the Court’s current conservatives is manifestly...

Reflections on Presumed Incompetent: The Intersections of Race and Class for Women in Academic Sympoisum

In this paper, Professor Onwuachi-Willig and her coauthors discuss the book “Presumed Incompetent,” a book that has started a national movement of attention to treatment of women of color in academia. To read the stimulating discussion, click here and then press the “download this paper” button.

Racial Classification and Ascriptive Injury

In this paper, Professor Gowder describes a new model of the relationship between racial ascriptions on an individual level, private racial bias, social disadvantage, and state action, called the cognitive hierarchical model. To read the article, click here and then press the “download this paper”...

Inventing the Classical Constitution

In this article, Professor Hovenkamp explores the evolution of perceptions concerning the “classical” constitution and its relation to other intellectual movements. To read the article, click here and then press the “download this paper” button.

Doubting Abood, Finding Religion at Hobby Lobby, and More: Civil Cases in the Supreme Court’s 2013-2014 Term

In this article commissioned by the American Judges Association, Professor Pettys provides an overview of the most significant civil cases decided by the U.S. Supreme Court during the 2013-14 Term. To read the article, click here and then press the “download this paper” button.