Faculty Scholarship

Our faculty are committed to on-going scholarship to advance the legal profession and enhance classroom teaching.

Drake Law faculty are experts in a wide range of legal topics. Our professors have published books, articles, and reviews in addition to presenting at conferences and serving on panels.

Here is a highlight of Drake Law School faculty's recent achievements:

Books

Laurie K. Doré, Iowa Practice Series, Vol. 7: Evidence (2016-2017 ed., Thomson West, 2016).

Matthew Doré, Iowa Practice Series, Vol. 5 and 6: Business Organizations (2016-2017 ed., Thomson West, 2016).

John Edwards, Karen Wallace & Melissa Weresh, Iowa Legal Research (2d ed., Carolina Academic Press, 2016).

John Edwards, Basic Legal Research Workbook (co-author) (5th ed., Wolters Kluwer, 2016).

Keith Miller, The Law of Gambling and Regulated Gaming (co-author) (2d ed., Carolina Academic Press, 2016).

Robert Rigg, Iowa Practice Series, Vol. 4: Criminal Law (2016-2017 ed., Thomson West, 2016).

John Edwards, Basic Legal Research Workbook (co-author) (Rev. 4th ed., Wolters Kluwer, 2015).

Mark Kende, Comparative Constitutional Law: South African Cases and Materials in a Global Context (Carolina Academic Press, 2015).

Karen Wallace & Melissa Weresh, Legal Research Supplement: Exercises on Lexis Advance (4th eBook ed., Lexis/Nexis, 2015).

Jerry Anderson, Property Law: Practice, Problems and Perspectives (co-author) (Aspen Wolters Kluwer, 2014).

Karen Wallace & Melissa Weresh, Legal Research Supplement: Exercises on Lexis Advance (3d eBook ed., Lexis/Nexis, 2014).

Articles

Neil Hamilton, Myth Making in the Heartland - Did Agriculture Elect the New President?, 13 Journal of Food Law & Policy 5 (2017).

Jennifer Zwagerman, Recognizing Challenges and Opportunities in The Quest to End Hunger, 4 Texas A&M Law Review 315 (2017).

Andrea Charlow, The Future of Law Review Platforms, 32 Touro Law Review 259 (2016).

Anthony Gaughan, The 40-Year War on Money in Politics: Watergate, FECA, and the Future of Campaign Finance Reform, 77 Ohio State Law Journal 791 (2016) (symposium).

Anthony Gaughan, Ramshackle Federalism: America’s Archaic and Dysfunctional Presidential Election System, 85 Fordham Law Review 1021 (2016) (symposium).

Shontavia Johnson, BRANDED: Trademark Tattoos, Slave Owner Brands, and the Right to Have "Free" Skin, 22 Michigan Telecommunications and Technology Law Review 225 (2016).

Andrew Jurs, Expert Prevalence, Persuasion and Price: What Trial Participants Really Think About Experts, 91 Indiana Law Journal 353 (2016).

Mark Kende, Corruption Cases and Separation of Powers in South African and U.S. Supreme Court Cases, 60 New York Law School Law Review 183 (2016).

Erin Lain, Experiences of Academically Dismissed Black and Latino/a Law Students: Stereotype Threat, Fight or Flight Coping Mechanisms, Isolation and Feelings of Systemic Betrayal, 45 Journal of Law & Education 279 (2016).

Brent Pattison, When Children Object: Amplifying an Older Child’s Objection to Termination of Parental Rights, 49 University of Michigan Journal of Law Reform 689 (2016).

Brent Pattison, Foreward: Child Welfare and Our Youngest Children: A Series on Improving Outcomes for Families with Babes and Toddlers, Drake Law Review Discourse, Feb. 2016, at 1.

Maura Strassberg, Can We Still Criminalize Polygamy: Strict Scrutiny of Polygamy Laws Under State Religious Freedom Restoration Acts After Hobby Lobby, 2016 University of Illinois Law Review 1605 (2016).

Allan Vestal, The Other Lawyer in the Courtroom: The Prosecutor in To Kill a Mockingbird, 86 Mississippi Law Journal 167 (2016).

Melissa Weresh, Stars upon Thars: Evaluating the Discriminatory Impact of ABA Standard 405(c) “Tenure-Like” Security of Position, 34 Law & Inequality 137 (2016).

Melissa Weresh, What the Best Law Teachers Do, 12 Legal Communication & Rhetoric: JALWD 293 (2015).

Melissa Weresh, Rectifying Renda: Amending the Iowa Administrative Procedure Act to Remove the Legal Fiction of Legislative Delegation of Interpretive Authority, 63 Drake Law Review 591 (2015) (with Aaron Ahrendsen).

Jerry Anderson, The Divergent Evolution of English Property Law, Probate & Property, Sept.-Oct. 2015, at 50. 

Andrea Charlow, There's No Place Like Home: Temporary Absences in the UCCJEA Home State, 28 Journal of the American Academy of Matrimonial Lawyers 25 (2015).

Laurie K. Doré, If You Build It, Will They Come? Designing Iowa’s New Expedited Civil Action Rule and Related Civil Justice Reforms, 63 Drake Law Review 401 (2015).

Jerry Foxhoven, Foster Youth Can Advocate with Lawmakers to Make a Real Difference, Fostering Families Today, Nov.-Dec. 2015.

Jerry Foxhoven, Guardianship and Conservatorship Reform Task Force, The Iowa Lawyer, Nov.-Dec. 2015, at 10.

Anthony Gaughan, A Delicate Balance: Liberty and Security in the Age of Terrorism, 63 Drake Law Review 1015 (2015).

Anthony Gaughan, Collateral Damage and the Laws of War: D-Day as a Case Study, 55 American Journal of Legal History 229 (2015).

Anthony Gaughan, In Defense of McCutcheon v. Federal Election Commission, 24 Kansas Journal of Law & Public Policy 221 (2015).

Neil Hamilton, Keeping the Farm and Farmer in Food Policy and Law, 11 Journal of Food Law & Policy 9 (2015).

Denise Hill, If We Build It, Will They Come: Development of an On-campus Residency for Online Students, The Journal of Health Administration Education (2015).

Shontavia Johnson, Trademark Territoriality in Cyberspace: An Internet Framework for Common Law Trademarks, 29 Berkeley Technology Law Review 1253 (2015).

Andrew Jurs, An Overreaction to a Nonexistent Problem: Empirical Analysis of Tort Reform from the 1980s to 2000s, 3 Stanford Journal of Complex Litigation 62 (2015) (with Scott DeVito).

Andrew Jurs, The Gatekeeper’s Toolbox: A Survey on Judicial Handling of Expert Reliability Motions, 51 Court Review 8 (2015).

Keith Miller, The Utility and Limits of Self-Exclusion Programs, 6 UNLV Gaming Law Journal (2015).

Jonathan Rosenbloom, Local Governments and Global Commons, 2014 Brigham Young University Law Review 1489 (2015).

Miguel Schor, The Other Path of Constitutionalism, 50 Tulsa Law Review 469 (2015).

Maura Strassberg, Scrutinizing Polygamy: Utah’s Brown v. Buhman and British Columbia’s Reference Re: Section 293, 64 Emory Law Journal 1815 (2015).

Allan Vestal, Disenthralling Ourselves…Notes from My Final Year as Dean, 46 University of Toledo Law Review 407 (2015).

Allan Vestal, The Lingering Bigotry of State Constitution Religious Tests, 15 University of Maryland Law Journal of Race, Religion, Gender and Class 55 (2015).

Karen Wallace & Rebecca Lutkenhaus, Assessing the Effectiveness of Single-Session Legal Research Skill Instruction Through Pre- and Post-Testing: A Case Study, 107 Law Library Journal 57 (2015).

Karen Wallace, Does the Past Predict the Future?: An Empirical Analysis of Recent Iowa Supreme Court Use of Legislative History as a Window into Statutory Construction in Iowa, 63 Drake Law Review 239 (2015).

Jerry Foxhoven, Federally Recognized Rights of LGBTQ Students to Form Gay-Straight Alliance Organizations (GSAs), 2014 Cardozo Law Review De Novo 113 (2014).

Andrew Jurs, Gatekeeper with a Gavel: A Survey on Judicial Management of Challenges to Expert Reliability and Their Relationship to Summary Judgment, 83 Mississippi Law Journal 325 (2014).

Andrew Jurs, “Doubling-Down” for Defendants: The Pernicious Effects of Tort Reform, 118 Penn State Law Review 543 (2014) (with Scott DeVito).

Mark Kende, Enforcing the South African Constitution: The Fight for Judicial Independence and Separation of Powers, 23 Transnational Law & Contemporary Problems 35 (2014).

Keith Miller, How Should the Past Inform the Future? Reviewing Regulating Internet Gaming: Challenges and Opportunities, 5 UNLV Gaming Law Journal 49 (2014).

Robert Rigg, "Are There No Prisons?" Mental Health and the Criminal Justice System in the United States, 4 University of Denver Criminal Law Review 103 (2014).

Jonathan Rosenbloom, Local Governments and Global Commons, 2014 Brigham Young University Law Review 1489.

Melissa Weresh, Stargate: Malleability as a Threshold Concept in Legal Education, 63 Journal of Legal Education 689 (2014).

Melissa Weresh, The Chicken or the Egg? Public Service Orientation and Lawyer Well-Being, 36 University of Arkansas at Little Rock Law Review 463 (2014).

Melissa Weresh, Uncommon Results: The Power of Team-Based Learning in the Legal Writing Classroom, 19 Journal of the Legal Writing Institute 49 (2014).

Chapters

Jonathan Rosenbloom, Thinking Ecosystems, Providing Water: The Water Infrastructure Imperative, in Contemporary Issues in Climate Change Law and Policy: Essays Inspired by the IPCC (co-author) (ELI Press, 2016).

Maura Strassberg, Distinguishing Polygyny and Polyfidelity Under the Criminal Law, in The Polygamy Question (Utah State Press, 2016).

Maura Strassberg, Scrutinizing Polygamy: Utah’s Brown v. Buhman and British Columbia’s Reference Re: Section 293, in Beyond Same Sex Marriage: Perspectives on Marital Possibilities (ed. Ronald C. Den Otter, Lexington Books, 2016).

Jonathan Rosenbloom, The Cost of Federalism: Ecology, Community, and the Pragmatism of Land Use, in The Law and Policy of Environmental Federalism: A Comparative Analysis (co-author) (Edward Elgar, 2015).

Keith Miller, Exclusion of Casino Patrons, in Regulating Casino Gambling (UNLV Gaming Press, 2014).

Brent Pattison, Staying on Track: Protecting Youth in School Discipline Actions, in Changing Lives: Lawyers Fighting for Children (ABA Publishing, 2014).

Presentations

Andrew Jurs, Daubert v Frye: The Evolving Standards for Expert Testimony (Annual Judicial Symposium on Civil Justice Issues, Arlington, VA, May 22, 2017).

Mark Kende, The U.S. Supreme Court’s First Amendment Refusal to Protect Children Regarding Sexually Explicit Speech on the Internet (Digitization and the Law Conference, Würzburg, Germany, May 5, 2017).

Neil Hamilton, The Role of Land Tenure in the Future of American Agriculture (2017 American Association of Law Schools Annual Meeting, San Francisco, CA, Jan. 6, 2017).

Jennifer Zwagerman, Ethics: Transitions and Succession (NBI CLE: Iowa Farm Business Tax Strategies, Regulatory Changes, Succession Planning and More, Cedar Rapids, IA, Dec. 20, 2016).

Mark Kende, The Surprising Proportion of Proportionality Review in U.S. Supreme Court Constitutional Decisions (Midwest Law and Society Retreat, University of Wisconsin-Madison, Madison, WI, Nov. 19, 2016).

Shontavia Johnson and Jennifer Zwagerman, The Past, Present and Future of GMO Labeling (Iowa Biotech Association Legal Symposium, Coralville, IA, Nov. 17, 2016).

Matt Doré, The Uniform Voidable Transactions Act (University of Iowa Business Law CLE, Iowa City, IA, Nov. 11, 2016).

Brent Pattison, Paying for Punishment: Juvenile Costs, Fines, Fees & Restitution (2016 Juvenile Defender Leadership Summit, Atlanta, GA, Oct. 28, 2016).

Jennifer Zwagerman, Agriculture, Intellectual Property, and Feeding the World in the 21st Century (Texas A&M Law Review Fall Symposium, Texas A&M University School of Law, Fort Worth, TX, Oct. 28, 2016).

Jerry Anderson, Drainage Developments: Des Moines Litigation (2016 Water Law Conference, University of Nebraska, Lincoln, NE, Oct. 21, 2016).

Jerry Foxhoven, Ethical Provisions Concerning Client and Attorney Authority (2016 NCOSEA Annual Conference, National Council of State Education Attorneys, Kansas City, MO, Oct. 21, 2016).

Cathy Lesser Mansfield, ABCs of the RESPA & TILA Mortgage Servicing Rules (2016 Consumer Rights Litigation Conference, Anaheim, CA, Oct. 20, 2016).

Karen Wallace, Best Practices for LibGuides (Mid America Association of Law Libraries 2016 Annual Meeting, Oklahoma City, OK, Oct. 14, 2016).

Jerry Foxhoven, Law Firm Management Issues (AALA Annual Educational Conference, American Agricultural Law Association, Oklahoma City, OK, Oct. 8, 2016).

Anthony Gaughan, Ramshackle Federalism: America’s Archaic and Dysfunctional Presidential Election System (Presidential Election Law Forum, Fordham Law School, New York, NY, Sept. 30, 2016).

Denise Hill, Putting Contract Cheaters and their Co-conspirators in the False Claims Hot Seat (Central States Law Schools Association 2016 Annual Scholarship Conference, University of North Dakota School of Law, Grand Forks, ND, Sept. 24, 2016).

Shontavia Johnson, Innovation Catalyst or Entrepreneurship Killer? The America Invents Act Five Years Late (Central States Law Schools Association 2016 Annual Scholarship Conference, University of North Dakota School of Law, Grand Forks, ND, Sept. 24, 2016).

Jerry Foxhoven, Ethical Issues Concerning Client Confidentiality and Exceptions (Woodbury County Parent Representation Annual Seminar, Iowa Judicial Branch, Sioux City, IA, Sept. 23, 2016).

Denise Hill, Putting Contract Cheaters and their Co-conspirators in the False Claims Hot Seat (2016 Central States Law Schools Association Conference, University of North Dakota School of Law, Grand Forks, ND, Sept. 23, 2016).

Cathy Lesser Mansfield, An Introduction to the Consumer Financial Protection Bureau (2016 Corporate Counsel and Trade Regulation Seminar, Iowa State Bar Association, Des Moines, IA, Sept. 23, 2016).

Jerry Foxhoven, Ethical Issues Confronting Criminal Defense Counsel (Iowa State Public Defender Criminal Defense Training, Des Moines, Iowa, Sept. 16, 2016).

Jerry Foxhoven, State and Federal Child Welfare Laws (Iowa State Public Defender Juvenile Law Training, Des Moines, Iowa, Sept. 15, 2016).

Neil Hamilton, Land Tenure and Farm Transitions: Avoiding Intra-family Conflicts in Farm Succession Planning (Ag Law Seminar, ISU Center for Agricultural Law and Taxation, Ames, IA, Sept. 8, 2016).

Jennifer Zwagerman, Transitioning a Rural Legal Practice: The Ethics of Change (Ag Law Seminar, ISU Center for Agricultural Law and Taxation, Ames, IA, Sept. 8, 2016).

Brent Pattison, Improving Transition to Adulthood Outcomes Through Legal Advocacy: Leveraging Old and New Laws (National Association of Counsel for Children’s 39th National Child Welfare, Juvenile & Family Law Conference, Philadelphia, PA, Aug. 13, 2016).

Melissa Weresh, Institutional Characteristics Associated with Tenure for Legal Writing Faculty (Biennial Conference of the Legal Writing Institute, Portland, OR, July 12, 2016).

Mark Kende, Proportionality Review: Overt, Covert, or Nonexistent? (Between Europe and the United States: The Israeli Supreme Court in Comparative Perspective, Benjamin N. Cardozo School of Law, New York, NY, June 27, 2016).

Andrea Charlow, Alimony Law in Iowa: A Review of the Cases and an Update from the Alimony Guideline Work Group (Iowa State Bar Association 2016 Annual Meeting, Des Moines, IA, June 13, 2016).

David McCord, An Empirical Analysis of the Causes of the Astounding Decline in Death Sentences in the United States in the Last Two Decades (Law and Society Association 2016 Annual Meeting, New Orleans, LA, June 3, 2016).

Jonathan Rosenbloom, Fifty Shades of Grey: Planning for Uncertainty in the Relationship between Land Use and Infrastructure (University of Oregon, Eugene, OR, Apr. 23, 2016).

Miguel Schor, The Federalist as a Primer on Constitutional Design: Separation of Powers and Written Constitutionalism (Indiana University Center for Constitutional Democracy, Bloomington, IN, April 7, 2016).

Jonathan Rosenbloom, Rethinking Urban Design (21st Annual Symposium: Green Infrastructure, Resilient Cities: New Challenges, New Solutions, University of Utah S.J. Quinney College of Law, Salt Lake City, UT, Mar. 30, 2016).

Jerry Anderson, Looking Under the Hood: The Pros and Cons of Using Law to Achieve Environmental Quality (2016 Iowa Water Conference, Ames, IA, March 24, 2016).

Miguel Schor, The Federalist as a Primer on Constitutional Design: An Essay on Separation of Powers and Written Constitutionalism (Suffolk University Law School Faculty Workshop, Boston, MA, March 24, 2016).

Jonathan Rosenbloom, Catching Nutrients in a Net: Ecosystem Services, Institutional Impediments, and the Ability of Local Governments to Sustainably Manage the Mississippi Watershed (University of Oregon Lecture Series, Eugene, OR, Feb. 10, 2016).

Miguel Schor, What, If Anything, Can/Should be Learned from Publius by Foreign Readers in the 21st Century? (Federalist in the 21st Century Conference, University of Texas, Austin, TX, Jan. 23, 2016).

Law School Events
December 16, 2017
10:00 AM - 11:30 AM
December 16, 2017
11:30 AM - 01:00 PM
January 2, 2018
Law School News
December 11, 2017
The Iowa Taxpayers Association announced Dillon Malone, a third-year student at Drake Law School, as the recipient of the 2017 Linda S. Weindruch Scholarship.
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