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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

Jerry Anderson, Environmental Law Practice (4th ed., Carolina Academic Press, 2018).

Jonathan Rosenbloom, Social-Ecological Resilience & Sustainability: From Theory to Practice (Aspen Publishers, 2018) (co-author).

Miguel Schor, Comparative Constitutional Theory (Edward Elgar Publishing, 2018) (co-editor).

Matthew Doré, Iowa Practice Series, Vol. 5 and 6: Business Organizations (2017-2018 ed., Thomson West, 2017).

Jonathan Rosenbloom, Land Use and Sustainable Development Law: Cases and Materials (9th ed., West, 2017) (co-author).

Laurie K. Doré, Iowa Practice Series, Vol. 7: Evidence (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 (5th ed., Wolters Kluwer, 2016) (co-author).

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

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

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

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).

Articles

David McCord, Lethal Rejection: An Empirical Analysis of the Astonishing Plunge in Death Sentences in the United States from their Post-Furman Peak, 81 Albany Law Review 1 (2018) (co-author).

Mark Kende, Two Decades of Obscenity and Free Speech Issues in Hong Kong, With a U.S. Comparative Perspective, 46 Georgia Journal of International and Comparative Law 317 (2018) (co-author).

Jonathan Rosenbloom, Fifty Shades of Gray Infrastructure: Land Use & the Failure to Create Resilient Cities, 93 Washington Law Review 101 (2018).

Natalie Banta, Property Interests in Digital Assets: The Rise of Digital Feudalism, 38 Cardozo Law Review 1099 (2017).

Anthony Gaughan, Illiberal Democracy: The Toxic Mix of Fake News, Hyperpolarization, and Partisan Election Administration, 12 Duke Journal of Constitutional Law & Public Policy 57 (2017).

Anthony Gaughan, Trump, Twitter, and the Russians: The Growing Obsolescence of Federal Campaign Finance Law, 27 Southern California Interdisciplinary Law Journal 79 (2017).

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

Mark Kende, The Unmasking of Balancing and Proportionality Review in U.S. Constitutional Law, 25 Cardozo Journal of International and Comparative Law 417 (2017).

Brent Pattison, Law-based Arguments and Messages to Advocate for Later School Start Time Policies in the United States, 3 Sleep Health 486 (2017) (co-author).

Jonathan Rosenbloom, Teaching Applied Sustainability: A Practicum Based on Drafting Ordinances, 4 Texas A&M Journal of Property Law 83 (2017) (co-author).

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

Natalie Banta, Death and Privacy in the Digital Age, 94 North Carolina Law Review 927 (2016).

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).

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

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).

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).

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) (co-author).

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).

Chapters

Jonathan Rosenbloom, Less Than Zero: The Zero-Sum Game That Hurts Local Communities and Ecologies in Beyond Zero-Sum Environmentalism (ELI Press, 2018).

Miguel Schor, Constitutional Dialogue and Judicial Supremacy in Comparative Constitutional Theory (Edward Elgar Publishing, 2018).

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

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 (Edward Elgar, 2015) (co-author).

Presentations

Jonathan Rosenbloom, Sustainability, Land Use, and Natural Resource Management, Sustainability Conference of American Legal Educators, Beus Center for Law & Society, Arizona State University, Phoenix, AZ (May 11, 2018).

Brent Pattison, What If Kids Were Placed in the Least Restrictive Setting?, Children's Rights are Human Rights: 20 Years of Fearless Lawyering for Children, University of San Diego Joan B. Kroc Institute for Peace & Justice, San Diego, CA (May 1, 2018).

Ellen Yee, School Food: Procurement, Labor, and Education, 5th Annual Yale Food Systems Symposium, School of Forestry and Environmental Studies, New Haven, CT (Feb. 23, 2018).

Andrew Jurs, Daubert After 25 Years: A Prospective Look at the Next Great Challenges in Expert Reliability, The Association of American Law Schools (AALS) Annual Meeting, San Diego, CA (Jan. 6, 2018).

Matthew Doré, Piercing the Entity Veil, Business Law CLE, University of Iowa, Iowa City, IA (Nov. 3, 2017). 

Neil Hamilton and Jennifer Zwagerman, What is Food Law & Policy, and Why Should an Ag Law Attorney Care?, 38th Annual American Agricultural Law Association Educational Symposium, Louisville, KY (Oct. 28, 2017).

Ellen Yee, Proposed Changes to Model Rule 8.4(g), 2017 Labor and Employment Law Seminar, Johnston, IA (Oct. 20, 2017).

Rebecca Lutkenhaus and Karen Wallace, It’s Hard to Collaborate with Your Foot on My Throat, 2017 Joint Annual Meeting of MAALL, LLAW, MichALL, MALL, and CALL, Milwaukee, WI (Oct. 19, 2017).

Mark Kende, Provincial Boundary Revisions in South Africa and the Right to Political Participation in Comparative Perspective, 2017 Wisconsin Discussion Group on Constitutionalism, University of Wisconsin, Madison, WI (Oct. 6, 2017).

Neil Hamilton, Historic and Contemporary Perspectives on Farm and Ranch Tenure, "Changing Lands, Changing Hands: A National Conference on Farm & Ranch Access, Tenure & Transfer," Denver, CO (June 13, 2017).

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

Keith Miller, Perspectives on Fantasy Sports and E-Sports, "Athletes, Sports Law, and Policy—An Interdisciplinary Symposium," Stanford Law School, Stanford, CA (May 6, 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).

Anthony Gaughan, Trump, Twitter, and the Russians: The Growing Obsolescence of Federal Campaign Finance Law, University of Missouri School of Law, Columbia, MO (April 28, 2017).

David McCord, Lethal Rejection: An Empirical Analysis of the Astonishing Plunge in Death Sentences in the United States from their Post-Furman Peak, University of Nebraska College of Law, Lincoln, NE (March 28, 2017).

Keith Miller, A Uniform Framework for the Regulation of Sports Betting, 21st Annual Fordham Sports Law Forum Symposium, Fordham University School of Law, New York, NY (March 24, 2017).

Jonathan Rosenbloom, The Model Sustainable Development Code Lives!!, 2017 Western Places/Western Spaces: "Creating Inclusive Communities," University of Denver Sturm College of Law, Denver, CO (March 17, 2017).

Anthony Gaughan, Election Administration and Reform after 2016, Duke Journal of Constitutional Law & Public Policy Symposium on Voting Rights in Polarized America, Duke University Law School, Durham, NC (Feb. 17, 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).

Anthony Gaughan, The Campaign Finance Crystal Ball: Predicting Future Cases, Council on Government Ethics Laws Annual Conference, New Orleans, LA (Dec. 11, 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).

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).

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).

Neil Hamilton, How Do Private Conservation and Sustainability Initiatives Impact Farmers?, AALA Annual Educational Conference, American Agricultural Law Association, Oklahoma City, OK (Oct. 7, 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).

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

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).

Mark Kende, Law, Politics and Corruption in South Africa, 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 (April 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 (March 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).

Anthony Gaughan, Ethanol in America: Politics & Policy, CQ Roll Call Policy Briefing Breakfast Event, The Newseum, Washington D.C. (March 15, 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).

Natalie Banta, Property Interests in Digital Assets, AALS Property Section Junior Scholars Session, New York, NY (Jan. 7, 2016).

 
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