I. The Iowa Law Review: Origins and Models
At
the beginning of the twentieth century, legal education, like all forms of
professional education, was the subject of great and active debate. Legal
education was only beginning to find a home in universities; much legal
training continued to occur at the knee of a judge or in the office of a local
lawyer. The educational program offered by universities, too, was out of step
with the then-current progressive thinking, for it remained steeped in the
classical tradition of treatise and lecture, abstracted from the law's
application to real social and economic problems and not connected with the
practical thinking skills demanded of a lawyer in America's twentieth century
economic, social, and legal system.
Clearly,
professional education had to be improved, and bringing legal education into
universities was seen as a major means of doing so. The exact form the
educational program should take, however, was a matter of considerable dispute.
A report advocating diversity in educational approaches and types of law
schools, with some retaining the classical approach and others more clinical
and case-based approaches, failed to gain credibility.[3] A new approach
had been developed at Harvard, however--the case method. Without any national
consensus among educators about the form that university-based legal education
should take, a model for sound legal education was unofficially adopted. Follow
Harvard!
The
Iowa Law School bore the imprint of Harvard almost from its beginning. When
Eugene Wambaugh came to the Iowa faculty from Harvard in 1889, Iowa became one
of the early schools to adopt the case method of teaching pioneered by
Chrisopher Columbus Langdell at Harvard. And when Herbert Goodrich came to Iowa
from Harvard twenty-five years later in 1914, he responded readily to Professor
Percy Bordwell's proposal to reestablish the Iowa Law Bulletin and serve as its
Editor-in-Charge.
The
time was ripe for a new journal. Emlin McClain had just returned from the
Supreme Court of Iowa to serve as the Law School's Dean. From 1891 to 1900,
during Judge McClain's prior tenure as a faculty member, the Law School had
published a Bulletin. According to Dean Ladd, the original Bulletin had been
widely
recognized in its day and represented an early urge on the part of the Iowa Law
School to contribute to the literature of the law. This early publication was
quite different from law reviews of today. It contained listings of leading
cases classified under the different phases of a subject, and much of the
writing consisted of hypothetical cases and analytical studies in the various
subjects of the law. The Bulletin
reflected a period of transition in legal education from a reliance upon
treatises and textbooks to an emphasis upon situational studies and cases.[4]
The
new Bulletin was inaugurated in January of 1915. In the introduction to its
first issue, the new Bulletin acknowledged its predecessor:
While the old
series of the Bulletin was published by the faculty of the College of Law, the
new series is edited by the faculty and students. The student board is made up
of men of high rank chosen from the Juniors and Seniors of the Law College. The
Notes and Recent Cases which appear in this number are due to their efforts.
Members of the faculty assist with criticisms and suggestions, but the work is
that of the student board.
The Bulletin
does not purport to be a review of current decisions throughout the common law
world, nor even of the important cases decided in the United States. This field
it believes to be carefully and adequately covered by older publications. Its
efforts are to be directed to a narrower field of law, that of this state. . .
. Without in the least suggesting that its statement will be the last word on
any legal subject, the Bulletin hopes that it may be of service not only to the
students of this College of Law, but to the bar of the state as well.[5]
Explicit
directions were given to the members of the student editorial board. Everyone
was assigned to read select cases from the Northwestern Reporter, the Supreme
Court Reporter, and the Federal Reporter.[6] The instructions stressed Iowa cases. At a mandatory
group meeting, members reported on cases and were assigned important ones for a
preliminary written report. If a topic was deemed promising, the student was
expected to develop a first draft of a case or note. The draft would be
reviewed by a faculty member in whose area the subject fell, and thereafter the
student would do further work as suggested by the faculty member.
“Always
look for Iowa cases” was the Bulletin's guiding premise. It was a goal honored
even then, and surely since, as much in the breach as in the promise. Iowa
developments were not ignored, but the reporting horizon has always been
broader.
In
1925, the Bulletin became the Iowa Law Review. In announcing the change, it was
stressed that the purpose of the periodical would remain “‘to present
scientifically the law of Iowa.”’[7] Faith in the application of knowledge to practical
problems thus continued, as did the focus on Iowa. While “occasionally an
article of general scope will appear,” the Law Review announced, in the main
“the Review will direct its efforts to a narrow field of law, that is, the law
of the state.”[8]
According
to Dean Ladd, the Iowa limitation was immediately disregarded, as it had been
from the very beginning of the new Bulletin--and as it would be thereafter and
to the present.[9] Throughout its history, the Iowa Law Review has paid
attention to Iowa cases and to topics growing out of Iowa law. However, the
near-exclusive focus on Iowa law promised by the newly named Iowa Law Review
would never be realized--a fact that caused frustration for and criticism from
many generations of Iowa lawyers, but that also contributed to the
ever-increasing national presence and reputation of the Iowa College of Law.
In
1933, the Law Review set a national precedent. Dean Hines would later observe,
with understandable pride, that
the legal
symposium was introduced to legal scholarship through the fertile imagination
of then faculty advisor, Professor Paul Sayre. Sayre's brilliant idea of
combining the talents of a number of outstanding legal scholars to write about
different aspects of a common theme was immediately successful, and was
emulated by . . . other legal periodical[s].[10]
The
first symposium focused on administrative law and included contributions from
Felix Frankfurter and John Henry Wigmore.[11] A symposium on an issue of national importance marked
most subsequent volumes until the late 1960s.
The
continuing vitality of the Law Review manifested thirty-five years later in
1968 with the inauguration of the “Contemporary Studies Project.”[12] Unlike the symposia, the Contemporary Studies Projects
were large-scale, often interdisciplinary research projects undertaken by the
Law Review editors and staff. They
typically involved an empirical investigation of the operation of an
institution or legal process, conducted by a team of Law Review student writers
and supervised by a student editor. The projects were major efforts that often
spanned more than a single year, so they were not published on a regular
schedule.
Like
the symposia first developed by the Iowa Law Review, the Contemporary Studies
Projects became the stimulus for interdisciplinary projects of similar
character at other law reviews throughout the country. Many of the Iowa Law
Review's projects received national attention and significantly affected
legislative, executive, and judicial reforms in Iowa and elsewhere.[13]
Professor
Goodrich was always the Bulletin's advocate. He took great pride in the
students' work and went to some lengths to bring the Bulletin to the attention
of a wider audience. He once wrote, for example, to an Arkansas Supreme Court
Justice recommending for consideration the treatment of a case report involving
“the liability of the seller of food.”[14] He also replied to critical comments on student work
published in the Bulletin. In one such reply to Judge Scott Mason Ladd of the
Iowa Supreme Court, Professor Goodrich thanked the judge for his
“discriminating estimate of our Law Bulletin work.”[15] He then spoke of the challenge of developing writers
only to have them graduate when they are doing good work. He admitted that the
Bulletin was not always right, but gently and wisely concluded, “After all, the
most valuable part of such a comment is to stimulate thought and if the view
taken is well worked out the effort seems worth the doing.”[16]
The masthead of Volume 21, published
after the Bulletin had become the Iowa Law Review, carries the following note:
Entering its
twenty-first year of publication, the Iowa Law Review takes a place among those
law reviews of the country which follow the Harvard system of complete student
editorial responsibility. Election to the Review comes
as an honor bestowed for demonstrated legal scholarship and affords unsurpassed
opportunity for intensive training in original legal research and thought. The
adoption in its entirety of the policy of student editing makes available this
opportunity in fullest measure, while by the same token insuring the
publication of a Review of maximum service to the profession.[17]
The
faculty advisor's chief responsibility has been to preserve and build upon this
firm tradition of student control. Every faculty advisor since Judge Goodrich
has been a counselor to, and an advocate for, the Iowa Law Review. There have
been twenty faculty advisors to date. Each of them has played a unique and
changing role in the life of the Iowa Law Review, sometimes shaping it, often
defending it, and always viewing it from the inside--but as an observer, not a
participant. For the faculty who have served in this capacity, it has been a
labor of love, not a source of influence or fame.[18] Their recollections give us a unique account of the
history of the Iowa Law Review.
Frank
Strong (1934-1937). Frank Strong came to the Iowa faculty directly upon his
graduation from the Yale Law School, where he had served as Editor-in-Chief of
the Yale Law Journal. He remained at Iowa for only three years, from 1934 to
1937, before leaving to join the faculty at Ohio State University, where he
later became Dean. In Frank Strong's tenure as faculty advisor, the Iowa Law
Review moved from faculty to student control, after the Harvard, Yale, and
Columbia (HYC) pattern. The following is his account by year:
1934-35: The
Review is directed by the Faculty Advisor. Student officers are elected but
they have little authority. Lead articles are the responsibility of the
Advisor. Case editors assign recent cases for review but they attempt no
intellectual exchange with the student writers nor do they exercise authority
to reject the written product. The student writer proceeds under the direction
of a Faculty member whose decision on publication is final. Topics for longer
student writing--Comments--are handled in the same fashion. I begin to describe
how under the HYC system the Case Editors engage in spirited exchange with the
student writers reporting to them and decide whether their products are of a
quality to be recommended to the Editor-in-Chief for publication. However, the
Case Editors are hesitant to exercise much of this authority. The
Editor-in-Chief has little responsibility with respect to
lead articles and exercises little reviewing power over student writing.
1935-36: This is
a transition year in which elected members of the Review begin to understand
the HYC model and accept it in practice. However, there is no challenge to
decisions of faculty members on the merits of student writing, nor of judgments
by the Faculty Advisor with respect to any aspect of the operation.
1936-37: [The
student editors rejected two student Comments approved by faculty members.] A
Faculty meeting is called. There is tension in the room although no
impoliteness. My adrenaline runs high in defending Garigues and Kindig [the
student editors]. The issue was clear: this is what is meant by student control
of a journal. I cannot recall how the meeting ended but faculty editing and
direction was ended and the Iowa Law Review came of age.
Willard
M. Wirtz (1937-1939). Bill Wirtz succeeded Frank Strong, both on the Iowa
faculty and as the Law Review's advisor. Bill came to Iowa straight from the
Harvard Law School, where he had been Treasurer of the Harvard Law Review as a
student. He stayed at Iowa for just two years, after which he moved to Chicago
to become a member of the Northwestern faculty and, shortly thereafter, to join
the Roosevelt Administration during World War II. He served as the United
States Secretary of Labor from 1962 to 1969.
Faculty opinion
at the Iowa Law School regarding the “independence” of the law review was still
divided in the late 1930s. As “faculty advisor” (part of the job description of
each successive incoming member of the faculty), I could count on receiving,
when a new issue (there were four a year) emerged, a complaint from some senior
colleague about some piece of student work (about 50 pages in each issue) not
measuring up to standard and expectation. And it wasn't to happen again[.]
Two forces
operated in 1937-39 to accelerate transition to unimpeded student handling of
the review. One was a succession of remarkable review officers. Refreshing my
memory only a little bit 60 years later I think of Harry Wilmarth (older and
wiser than I was), Lowell Kindig, William Hoffman, Erwin Buck, Glen Harlan, and
Harvey Uhlenhopp as among the most competent of what are now the hundreds of
students I have known. They tolerated the faculty advisor graciously. No
“interference” issue ever arose.
The other
cleansing influence was Dean Wiley Rutledge's strong persuasion that the [Iowa
Law Review]'s primary importance was the learning experience it afforded the
school's best students. I remember his saying once
something to the effect that “[W]hat goes into the law review is more important
than what comes out.” Although the dichotomy wouldn't stand up under
cross-examination, its point is clear and right.
I remember in
this connection our looking together once at the masthead of Volume One
(1887-1888) of the Harvard Law Review. The list of editors included Samuel
Williston, Joseph H. Beale, Julian W. Mack, John J. McKelvey, and John Henry
Wigmore. We mused about the obviously unanswerable question whether that
flagship law review was so notably successful because of the extraordinarily
talented young men who launched it or whether their experience as co-editors
contributed in substantial measure to their subsequent achievements and
recognition.
Conscientious as
he was, Wiley Rutledge felt deep concern about the fact that the law review
experience was limited to so few students, arguably to those least in need of
it. Considering writing the best stimulant to thinking, and counting the
interplay between students' minds more constructive than reading casebooks and
. . . classroom listening, the dean talked often about broadening the law
review opportunity. As well as I can remember, these thoughts never got beyond
the difficulties of dissuading faculty members from the notion that their own
writing was more important than that of their students, which is another flawed
but suggestive dichotomy.
In the spring of
1939 (as I remember it now), the Iowa Law Review editors arranged and hosted a
three-day conference of the members of all Big Ten law reviews. Participation
in both the formal and informal sessions of that conference was a remarkable
experience and I guess I still believe, contrary to history, that it should
have marked the establishing of a tradition in the law review world.
I think of being
Wiley Rutledge's emissary to the Iowa Law Review, Volumes 23 and 24, as a
pinnacle in my own education.[19]
Frank
Kennedy (1946-1951). Frank Kennedy came to Iowa as an Instructor and Assistant
Professor in 1940, immediately upon his graduation from the Washington
University Law School, in St. Louis, where he had been the Editor-in-Chief of
the Washington University Law Quarterly. He would later receive an S.J.D. from
Yale in 1953. In 1942, Frank left the Iowa law faculty
to join the Roosevelt Administration in Washington, and thereafter to serve in
the armed forces. He returned to the Iowa faculty as an Associate Professor in
1946, when he also became the Law Review's advisor. Frank Kennedy thus
continued the pattern started with Goodrich of having new faculty members serve
as advisor to the Law Review.
I think it is
fair to say that my experience as faculty advisor of the Law Review in 1946-51
was the most enjoyable of all my years of teaching. I had closer contact with
the students who were the writers and editors of the Review than I ever had
with students in my classes and seminars. And of course the . . . writers and
editors were the cream of the crop during their years of service on the Review.
I was privileged to have an office whose door was almost directly across the
hall from the door to the offices of the Law Review editors. There were no
“office hours,” and there was constant interchange between me and the editors
seven days a week for twelve months of the year. Although we published only
four issues of the Review each year, there was never a lull in the
conversation. The conversation of course included politics and athletics and
family problems, but the dominant theme of most of the talk in the offices and
hall between related to questions that arose out of work on the Law Review.
I can recall
many discussions of the standards for appointment as editorial officers and
recognition in the review as contributors. Should a Note count as the
equivalent of two case comments? How should the work of a student as a research
assistant or as a collaborator with a faculty member or another student in the
writing of a published contribution be accorded the proper weight in assigning
credit on the masthead? These matters were always of considerable importance to
the students, and I recall that their resolution was sometimes time-consuming.
I do not, however, recall any ill feeling on the part of the students that
developed from decisions made about appointments of officers and recognition in
the Review. I think there must have been records kept of the policy
determinations [m]ade from time to time in naming officers, editors, and
contributors to the Review, but I have not found any copies of such records in
my papers. So far as I can recall, the selection of Law Review officers and
editors was left to the Faculty Advisor and the incumbent officers, editors,
and writers. I cannot recall any faculty discussion of these matters, although
I am sure that I frequently conferred with the Dean about such matters and less
often with individual faculty members, particularly Lee Tunks, Robert Hunt, Leo
Levin, and [Sandy Boyd].
The tradition of
publishing one symposium each year was established before my time. The student
editors were not involved in selecting a symposium topic. The choice was a
result of an informal consensus developed during the year before the symposium
was to be published. The symposium topics during the years 1946-51 were as
follows: 1946-47, Regional Planning and Development; 1947-48, State
Administrative Procedure; 1948-49; Agricultural Law; 1949-50; National Health
Insurance; 1950-51, [a symposium honoring Dean and Justice] Wiley Rutledge. The
last symposium was published jointly with the Indiana Law Review. Lee Tunks'
influence was dominant in the selection for 1948-49, and I think he was
influential in connection with the selection for the previous year. Mason Ladd
strongly supported the choice for 1948-49. He joined with Percy Bordwell in
supporting the choice of the Rutledge symposium. I do not recall how the choice
for 1949-50 was made.
Bob Hunt was a
particularly strong supporter of the Law Review during his tenure at Iowa. His
office was convenient to the Law Review offices, and he was a kind of
unofficial Advisor of the Review along with me. He had been an officer on the
Yale Law Journal staff, and he enjoyed participating in the discussions of the
cases and the issues that the Law Review editors and writers were working on.
Philip Tone, editor-in-chief of the Review in 1947-48, was awarded a Sterling
Fellowship at Yale in 1948, received an appointment as law clerk to Justice
Wiley Rutledge in 1949-50, and thereafter became an associate of Jenner &
Block in Chicago. Phil, along with Donald Shaw, his successor as
editor-in-chief of the Law Review, Duane (Bud) Vieth, who became
editor-in-chief in the fall of 1948, and other officers of the Law Review staff
in the late [1940s] blazed the way for Iowa [L]aw graduates to obtain access to
appointments in metropolitan law firms. Their experience on the Review opened
the doors to professional opportunities not easily available to Iowa [L]aw
graduates in earlier years.
A fortunate
development in the late forties was the commencement of a relationship between
the Law Review and United States District Judge Henry Graven. The judge
regularly appointed each year an alumnus of the Law Review staff of writers and
editors as a law clerk for a year, and the law clerk wrote a note for
publication in the Review. Donald Lay, who was an officer on the editorial
board of the Law Review in 1950-51 and who became a judge of the Court of
Appeals of the [Eighth] Circuit in 1966, has carried on the tradition of
selecting alumni of the Iowa Law Review staff as law clerks
and animating them to write notes and articles for publication in the Law
Review.
In the fifties I
began to offer to second- and third-year students at Iowa a seminar on Current
Supreme Court Decisions. The students chose a case on the current Supreme Court
docket as a subject for special study and the basis for an opinion or possibly
two opinions (majority and dissenting) anticipating the Supreme Court's
ultimate disposition. This seminar was an adaptation of the annual familiarization
process for the Law Review candidates as they entered the competition for
membership on the Law Review staff. Don Lay, who went through this process at
Iowa, [adopted] and adapted it at Creighton where he conducted a seminar as an
adjunct professor[.] Susan Boyd, as editor of Syllabus, arranged for the
publication of Don Lay's description of his seminar in the AALS news journal.
The Law Review
alumni became a kind of fraternity at Iowa, and the members gathered every year
after homecoming games, joined by Charles Davidson [, Sandy Boyd] and me as
faculty advisors, past and current. Publication in the Iowa Law Review was a
sufficient credential that assured mutual respect.
My memory on
such matters as eligibility requirements and academic credit is unreliable at
this late date. The overriding memory is that the students who wrote for the
Law Review stamped themselves as conscientious, talented, and energetic
scholars, distinguishable from the students who did not write for the Review,
including those whose grades made them eligible but who did not seize the
opportunity. The challenge of writing for Law Review enabled them to prove
their mettle. The records of their professional and public lives over the
course of the past four decades are dramatic evidence of the value of the
opportunity afforded by the Law Review to the students having the ability and
determination to accept the challenge.[20]
Charles
Davidson (1950-1954). Charles Davidson joined the Iowa faculty in 1950, having
graduated from the Ohio State Law School in 1949, where he wrote for the Ohio
State Law Journal, and having received his Masters in Law in 1950 from the
University of Michigan. Charles remained a member of the Iowa faculty
throughout his career, serving also in both formal and informal capacities as a
trusted and valued advisor to University of Iowa presidents.
During my term
as faculty advisor to the Iowa Law Review, student control and student
responsibility were clearly expressed and emphasized. Editors were assured that
I would back them and defend them if ever a need was felt. A major ground rule
was that nothing would be published which I had not seen; this on the theory
that one can hardly defend what is unknown. Manuscripts might be returned for
more work (as many as four times), but never with any suggestion to delete or
alter content. Freedom and responsibility were theirs and they knew it and
therein lay much of the superior value of the Law Review experience.
In the heyday of
McCarthyism the editors wanted to publish a student's book review of Whittaker
Chambers' book, The Witness, although the Iowa tradition had not included
student work in the Book Review section. Knowing full well the risk, the
faculty advisor made no attempt to dissuade [them]. A very prominent Iowa
attorney and bar examiner severely and intemperately criticized the Review, the
writer and the law school. Through a series of letters the faculty advisor
defended [them]. Two comments: an amusing irony is that the student thought by
the critic to be a disloyal fellow traveler at least, turned out to be one of
the most politically conservative lawyers in the country; and second, the
critic, after the passing of many years, extended his friendship to the law
school and even to the faculty advisor.
The United
States had used statutory and administrative law during World War II to control
retail prices and to ration goods and services in short supply. When the Law
Review published a symposium on the legal, economic and political lessons from
the great experiment, we were the target of criticism of a number of Iowa
lawyers, who regarded it as academic, theoretical, historical and not relevant
to the daily law practice in Iowa. However, the Law Review sold more individual
copies of this issue than ever before. The Iowa Law Review found its way into
many new libraries and the editors really knew that theirs was a national law
school and that the nation and the world were their audience.
Dean Jefferson
B. Fordham was usually well informed and richly experienced in the world of law
reviews, having started and rejuvenated and nurtured several of them. While
Dean at Penn in the 1950's, he led an informal faculty conversation about law
reviews with emphasis on the level and extent of student control, during which I
described the Iowa situation as I experienced it. Dean Fordham said he knew of
no law review anywhere which gave more autonomy to students than did Iowa. I
took that as an accolade. What could
possibly be better preparation for life in the profession?[21]
Willard
L. Boyd (1954-1964). Sandy Boyd came to the Iowa faculty in 1954, having
graduated from the Minnesota Law School, where he wrote for and served as Note
Editor of the Minnesota Law Review, and thereafter practiced for a time in
Minneapolis. Having been prepared by his experience as faculty advisor for the
Law Review, Sandy would become the University's Academic Vice President in
1964, and five years later its President. In 1982, Sandy retired as President
of the University to become the President of The Field Museum in Chicago. In
1996, he returned to the Iowa Law School faculty.
I became a
member of the Iowa Law Faculty in the fall of 1954. Half of my time was
allocated to being the faculty advisor of the Iowa Law Review. I came to that
position with enthusiasm because of my experience at the University of
Minnesota. At Minnesota, writing for the Minnesota Law Review was the most
significant educational experience of the school. If you were eligible by
grades to write for the Review, you were expected to do so. If you chose not to
do so, there was much pressure applied by the faculty.
In the fall of
1954, I found a splendid Iowa Law Review editorial board. There [was], however,
[one thing] that concerned me. . . . Student writers only wrote two pieces and
those in their second year. If you were not selected for staff, you did not
write in the third year of law school. At Iowa you received a Law Review
writing certificate for 3 points while Minnesota required 6 points. I wanted to
increase the writing requirement immediately but felt that there needed to be
some compromise so we only moved the writing requirement up to 5. In order to
enlist third-year writers, we filled faculty research assistantships with
persons who had been eligible for staff but were not selected.
During the years
that I served as faculty advisor, the volume of student writing increased
dramatically. I considered the leading articles section to be of lesser
importance than the student writing both in terms of quality and quantity.
We experienced
no financial problems with the Law Review because Dean Ladd took the position
with the University administration that the Law Review served the Iowa State
Bar in the same way that the extension bulletins at
Iowa State served the agricultural community.[22]
My experience as
faculty advisor of the Iowa Law Review has been the most satisfying
professional experience in my lifetime. I was much impressed by the students
who wrote and the excellent staff. There was very little friction between the
staff and the faculty advisor and the faculty. Even though I read everything
that went through the Law Review, I never caused anything to be deleted unless
I felt that it was inaccurate. The faculty were generous with their time in
working with the comments and note writers. All citations were read by the
staff as well as Bluebook-ed by them.
As a result of
my Law Review experience, I have been a life long editor.[23]
James
Meeks (1964-1969). Jim Meeks joined the Iowa faculty in 1964, having graduated
from the Columbia Law School, where he wrote for the Columbia Law Review and
served for a year as a law clerk to Judge Carl McGowan of the United States
Court of Appeals for the District of Columbia Circuit. Jim remained on the Iowa
faculty until 1978, serving as Associate Dean from 1974 to 1976. In 1978, he
became Dean of the Ohio State Law School, where he now teaches as a member of
the faculty.
The years from
1964 to 1969 saw very significant change in the Iowa Law Review. In a period
when education in general and legal education in particular was changing
dramatically, the Law Review was no exception.
The 1964
academic year marked the publication of Volume 50. Issue 1 commemorated this
milestone with comments by Mason Ladd, Frank Strong, and Professor Goodhart.
That issue also published one of the important links in the important series of
articles on the preclusion doctrine by Professor Vestal. The student editors
that year were an outstanding group entering practice all over the country,
including Conrad Welser, the editor-in-chief, going into practice in Hawaii.
Other noteworthy aspects of Volume 50 included an outstanding symposium on land
use, with articles from many of the outstanding names in property law. Percy
Bordwell's article on Common Law Scheme of Estates Revisited was another of Percy's major
contributions; this one at age 87. Issue number 4 included an article by future
faculty member, Ronald Carlson, then in practice in Davenport. Finally, Issue 4
included a memorial note for University President Virgil Hancher, who had
served as Editor for Volumes 8 and 9 of the Law Review.
Volume 51
continued the tradition of a symposium issue, this one dealing with regulated
industries. Issue 4 was dedicated to Dean Mason Ladd, upon his retirement from
the Deanship. Again the student editors found jobs with outstanding
opportunities all over the country. But as this author was reviewing these
years, he was struck by the fact that from each of the Law Review classes
during this period at least one or two went into law school teaching. For
example, Mike Martin, editor-in-chief for Volume 51 became a Bigelow Fellow at
the University of Chicago and then joined the faculty at Fordham University,
where he has served with distinction since.
Volume 52 saw
the beginnings of change. One was to expand the number of issues from four to
six. This was done, however, with the expectation that the total number of
printed pages would remain about the same. The intent was to publish notes and
comments in a somewhat more timely fashion. This praiseworthy intent, however,
was frustrated for the first year by problems with the printer publishing the
Review. Issue one was delayed by several weeks due to a mechanical breakdown.
This ended up throwing the schedule off for the entire year. The planned
Copyright Symposium was postponed until the next issue. The number of students
eligible for the Law Review was increasing and it became necessary to enlarge
the number of editorial officers. The editor-in-chief, John Rashke also started
each issue with a note from the editor, titled the Editor's Desk, regarding the
Review and its contents. This innovation only lasted through the next Volume.
More lasting was an innovative plan to include more empirical research or other
special kinds of research financed in part by applications prepared by the
students to foundations or to other possible sources that might be interested.
Contemporary Studies Projects Editors were added to the officer corps of the
Review to plan and supervise these projects. Fortunately, this innovation was
very successful.
The first two
Contemporary Studies Projects were published in Volume 53--one dealing with our
juvenile justice system and the other with prison life and prisoner rights, the
former funded by the Walter Meyer Foundation and the latter funded by the State
of Iowa prison department. This Volume also saw the publication of two traditional symposia,
the delayed copyright symposium and one on international human rights.
Interestingly, the experience with these two symposia convinced the editors
that the tradition of having a symposium in each volume should not be
continued. Rather, symposia should be published when a good, timely topic was
available and outstanding authors could be found to write. This partially reflected
the advent of a number of specialized journals springing up around the country
that made it more difficult to plan and execute an outstanding symposium issue,
as had been the tradition in the past. It is interesting to read now, several
years later, the commentary in the Editor's Desk by Editor-in-Chief John Murray
to introduce number 5 of Volume 53. His commentary dealt with the role of
academia in general, and particularly legal academia in a time of significant
societal change and student dissent. While his words were restrained and
balanced, clearly reflected was a new era in higher educational philosophy.
This year also saw the publication of an index prepared by a student team for
Volumes 42-52.
Volume 54
contained many outstanding articles and student work, as usual. The
Contemporary Studies Project was an outstanding review of Iowa eminent domain
law, policy and administration. It was funded by the Iowa State Bar
Association. Many of the changes that were occurring had budget implications. While
the Law School Administration throughout this period was very supportive, it
was also clear that some additional funding was going to have to be added. With
that in mind there was some experimentation with pricing of the Review and in
1968 the decision was reached to sell to the William Hein Company the entire
inventory of back issues and a continuing arrangement for that company to
market back issues in the future.
William
Buss (1969-1976; 1979-1982). Bill Buss joined the Iowa faculty in 1967, having
graduated from Harvard in 1960, where he wrote for the Harvard Law Review.
After graduation from law school and before joining the Iowa faculty, Bill
clerked for Judge Bailey Aldrich of the First Circuit, practiced law with a
large firm in Boston, and taught at the Harvard Graduate School of Education.
He remains a member of the Iowa law faculty today.
My impressions
of [my] advising experience remain very strong, though I find it surprisingly
difficult to remember some of the details. At the impressionistic level, what I
remember is my sharing with the student writers and editors a deep commitment
to the importance of the enterprise and an appreciation of the value of the
kind of work that was undertaken. My advice to students, then and
now, when I am asked for my advice about the desirability of “writing for the
law review” has been based on this assessment: The credential is valuable but
not valuable enough alone to justify the hard work involved; but the work
itself can be extremely rewarding both at the level of individual learning and
at the level of jointly participating in the production of a quality product.
I was always
especially impressed with the seriousness with which the selection of the
successor Board of Editors was carried out--including, not incidentally, the
shared apprehension that the next staff might not be up to the task. Contrary
to the rules apparently followed by some earlier faculty advisors, I played no
role in deciding who should be chosen. It was my position that grade point averages
and class-room performance were irrelevant, and I was always very careful not
to influence the students' evaluation of eligible candidates in any way. I did
act as a kind of parliamentarian/moderator; I informed the students doing the
electing of past practices and traditions when that was relevant; and my
presence and comments were designed to reinforce the students engaged in the
selection process to concentrate on the relevant qualities of the eligible
candidates as determined by their performance as second-year Law Review
writers. The meetings were held at my house, started before dinner, included
dinner, and often went very late into the evening or the next morning.
When I became
the Faculty Advisor, the Law Review was in financial difficulty, a problem
which was solved with much help from then Dean David Vernon (and, I believe,
solved in part by discontinuing a past practice of automatically sending copies
to all members of the Iowa Bar Association in exchange for a modest
contribution). I also remember that in the early years while I was advisor,
there were frequent problems with the printer, but, with the help of John
Simmons and other people at the University of Iowa Press, those problems
gradually were worked out. I personally believed (and believe still) that much
of the value of the law review experience for students required substantial
student autonomy: taking and exercising responsibility for both the
intellectual output of the Law Review and the management of the enterprise; and
I always tried to protect and encourage that autonomy. Much of my considerable
time spent as advisor was devoted to giving advice that mediated the students'
problems and their possible effect on the Law School as an institution.
During my
faculty advising years, the Law Review revised its system for determining
eligibility to write by eliminating any requirement based
on a student's first year grade point average. [This was accomplished in two
stages: first, in the early 1970s, students who did not qualify to write based
on their grades were able to enter a writing competition through which a
limited additional group of writers was selected; and second, in the early
1980s, the Law Review went to an open competition, with everyone eligible to
begin writing.[24] Apart from the pedagogical justification for this
change, it is important to acknowledge that the change grew out of a period of
challenge to traditional institutional arrangements when there was much
alienation to all “establishments” and hostility to elitism. The special
relationships between faculty advisor and law review advisees recounted by some
of the earlier faculty advisors would be regarded as unthinkable [favoritism]
in today's world (or at least the world of the 70s). The change in eligibility
standards (not initiated but approved by me) seemed right at the time; and it
continues to seem right to me although the net gain no longer seems so clear.
It has had the positive effect of opening the law review experience to many
students who would have been excluded. It has also had the negative effect of
encouraging some students to aspire to write, and in fact to write, for one of
the law reviews even when it may not be in their best interest; and it has had
the negative effect of producing so many law review writers that the value of
the law review writing and editing experience is diluted. There is some irony
and, perhaps, some lesson in this: A fundamental justification for the
opening-up process was to give more students the opportunity to have the “law
review experience,” but doing so may have had the unintended effect of giving
the best possible law review experience to no one.
During my
faculty advising years, a change was made in the Law Review reward system that
is controversial among the faculty at the present time. Under the system as it
now works, writers and editors receive academic credit for their law review
work and [editors] are also paid [a stipend] at the rate of student research
assistants (which means being paid as if they worked 10 hours a week even
though they habitually work many more hours). Interestingly enough, the faculty
decision to give Law Review editors and writers additional academic credit for
their work [and to give editors a stipend for the time they remained in Iowa
City working on the Review over the summer] was
made in 1970 when Randy Bezanson was the Editor in Chief of the Law Review.
Randy was a guest participant at the decision-making faculty meeting and later,
as a member of the Iowa law faculty, became my successor (and predecessor) as
Faculty Advisor. I know at the time of this change, there was a very strong
view held by the Iowa Law Review Editors in Chief and editorial board members
that this double (academic and financial) reward [for editors--who (at that
time) had to forego four or five weeks of summer employment to work on the
Review--] was justified by the kind and quantity of work produced and that it
was necessary in order to attract an adequate number of well qualified students
to write for the Law Review and to serve as members of the Board of Editors.
The changes
described in the two preceding paragraphs were entirely contrary to my own
experience as a member of the Harvard Law Review, and thus contrary to my
intuition; yet I became convinced that these new policies were desirable for
Iowa at the time they were adopted. Although these changes applied only to the
Iowa Law Review at the time they were made, they have subsequently been applied
to newly created law reviews at Iowa and, to some extent, to other student
organizations.
Acting as
Faculty Advisor to the Iowa Law Review was a fulfilling experience for me and
created many relationships with students that I continue to treasure.[25]
Randall
Bezanson (1976-1979). Randy Bezanson joined the faculty in 1973. He graduated
from the Iowa Law School in 1971, having served as Editor-in-Chief of the Iowa
Law Review in 1970-1971. Following his graduation from the Law School and
before joining the faculty in 1973, Randy clerked in Washington, D.C., for
Judge Roger Robb of the D.C. Circuit and Justice Harry A. Blackmun of the U.S.
Supreme Court. Randy became a vice president of the University in 1979,
returning to teach at the law school in 1985. In 1988, he became Dean of the
Washington & Lee University School of Law in Virginia, where he remained
until 1996, when he returned once again to the faculty of the Iowa Law School.
My time as
faculty advisor was brief and was not, as I recall, marked by any important new
policies or developments. The opening up of student eligibility to write was
already underway, with a writing competition serving to leaven the unforgiving
former policy of selecting writers only on
the basis of first year grades. Movement toward further liberalization was in
the air--and received my encouragement--but I do not think the important step
of going to a full write-on system was implemented before I stepped down as
advisor. But I recall encouraging the Review to consider taking that step by
adopting a system under which all second year students could begin to write if
they wished, but with the understanding that there would be a series of clear
deadlines that, if missed, would end their writing for the Review, and that
qualitative judgments would also be made by the editorial staff that could
result in a student's being removed from the writing rolls. It seemed to me
that such a system, while staff intensive for a period at the beginning of each
year, would ultimately winnow the group down to the best researchers and
writers who were clearly dedicated to the task. Grades are a reasonable, but
imperfect, surrogate for that.
I am, I believe,
the only advisor who had previously served as the Editor-in-Chief of the
Review. Bill Buss had been the advisor when I was the editor, and it was Bill
whom I succeeded as advisor. As a consequence, perhaps, I found Bill's approach
to the faculty advisor's job worthy of emulation. Like Bill, I felt quite
strongly that the Review's central value was the education of the student
participants, and that an important aspect of the educational experience was
the autonomy and editorial independence of the Review from the faculty. As
faculty advisor Bill Buss let me know that he was there to help if needed, but
that he had no interest in supervising the editorial decisions of the staff or
interfering in other ways in the Review's work. We were free to make our own
mistakes, and we exercised that freedom on more than one occasion.
As faculty
advisor, I believed strongly that the student's education (writers and staff
alike) was the principal function of the Review; that if the educational
experience were good, the quality and reputation of the Review would improve;
that assuring close editorial supervision by the [third-] year staff, coupled
with rigorous standards, was essential to this function; that my responsibility
as advisor was to help maintain and build upon the traditions of editorial
supervision and high standards, but not to supply them myself; and that as to
specific editorial decisions (accept this article or not, for example) my role
was to protect the Review's independence from the faculty. This was a
continuation of Bill Buss's philosophy, and perhaps an extension of it, shaped
no doubt by my then-recent experience as the Review's Editor-in-Chief
(1970-71). Ironically, I thus felt free to critique and cajole (always privately with the editor)
because the Review knew that I would protect its independence--even from me.
I recall
relatively few specifics of my three years as advisor. One incident I do
recall, however, involved the Review's decision to decline publication of an
article submitted to it by a member of the faculty. I had been made aware of
the situation by at least one colleague who had spoken to me, expressing
concern that the Review would arrogate to itself the power to judge the quality
of a faculty member's work. Shortly thereafter the editor came to see me. I was
advised of the Review's decision and the seriousness with which it had been
made, and [I was] invited to review the manuscript and offer my own view. I
informed the editor that the Review's decision, mistaken or not, would not be
interfered with by anyone, that my responsibility was to assure that this was
so, and that I had no interest in reviewing the manuscript and venturing any
opinion.
I was confident
that the Review's decision had been made with care and on the proper kinds of
grounds, and that this being so I would compromise the educational value of the
Review were I to lift the burden of the decision from the editorial staff's
shoulders.
When I was again
approached by a colleague who was upset by the Review's decision, I simply
informed the colleague that the rightness or wrongness of the decision was
beside the point, and that as faculty advisor I could tolerate no effort by
members of the faculty to influence the Review's decision on behalf of a
colleague. Any other resolution would have to come from the full faculty. The
matter ended there. I have no doubt that this is but one of many instances in
which faculty advisors have responded similarly.
I also believe
that it was during the 1976-79 period that the first woman student was selected
as Editor-in-Chief. She was Susan Casamassimo, an extremely able editor who
helped the Review break through a number of other barriers in the years that
followed.
The only other
notable development during my tenure as advisor was a change in the cover (from
brown to black with white lettering). I recall kidding the staff that changes
in the cover design were usually given the greatest attention by the editors,
but had the least consequence. They did not care to hear that, of course. I had
to admit, however, that the earlier, brown cover had been introduced
during my tenure as Editor-in-Chief, and that the new design was a marked
improvement (even if it was a bit flashy).[26]
Rick
Matasar (1982-1991). Rick Matasar came to the Iowa Law School in 1980. He
graduated from the Pennsylvania Law School in 1977, having served as the
Research and Writing Editor of the Pennsylvania Law Review. Between 1977 and
1978, he clerked for Judge Rosen of the Third Circuit and practiced law in
Washington, D.C. In 1991, Rick left the Iowa faculty to become the Dean of the
Chicago-Kent Law School, and in 1996, he moved to Florida to become the Dean of
the University of Florida Law School in Gainesville. He is now the Dean of New
York Law School.
No one is more
arrogant than a young faculty member, fresh from the practice of law at a fancy
law firm, federal clerkship, and leadership role on the law review of a
prestigious law school. Such young faculty members know very little, but they
know it with a certainty and a burning desire to impose it on others. I was
once just such a young faculty member, and I can recall my conversations with
the Law Review's editors even today, telling them how we did it at dear old
Penn, making “little” suggestions to completely alter Law Review traditions,
and complaining about timeliness and quality. I can't recall a single editor
who agreed with a single suggestion, but they did get a kick out of someone
they could get interested in the arcane lore of “that's” versus “which's” and
dangling whatevers.
Thus, it should
have come as no surprise to me that Bill Hines would ask me to put my money
where my mouth was. “Rick,” he said, “you seem to have taken great pleasure in
telling Law Review editors how to do their jobs. How about a license to
continue? You can be their advisor.” And, an advisor I became.
I learned very
quickly that the relationship of the advisor to the Review would be unlike any
other student/faculty experience in the legal academy. In the spring of 1981,
Bill Buss, then the Law Review's advisor, asked me to sit in on the selection
of the incoming Law Review staff with whom I would be working. Let me describe
this process. It began with a large meal at Bill's home at which dogs,
children, faculty members, spouses, and people from the street gorged
themselves into a stupor. Mercifully releasing all non-voters, the editors sat
down for the next several hours (or was it days?) to make their selections.
Bill said nothing, but counted the votes. Occasionally, he
was asked to referee some delicate point of procedure. But through it all, Bill
watched as wonderful (and surprising) selections were made. At the end of the
evening they thanked each other and went on with their chores--the editors to
make the happy calls to their successors and the sad calls to those who did not
receive named positions on the board; Bill to reflect on the close friendships
and associations he established with the terrific group of students who were
leaving. He told me then that I would cherish my experiences with the Review.
He was right.
One can divide
the world of law reviews into neat compartments: articles, notes and comments,
and the teaching and management of interpersonal relationships. Over the nine
years I worked with the Iowa Law Review each of these compartments had its
share of challenges.
Articles. Who
could forget when Professor Bob Bartels, tongue placed firmly in cheek,
submitted his now classic article on the Specific Deterrence of the Death
Penalty. With all of the seriousness due this topic, he reported that there
were no known cases of anyone being put to death ever committing another act.
And, in keeping with the law review format, he added a lengthy footnote about a
well-known ancient case from the Middle East in which one individual who was
put to death was alleged to have risen from the dead. Bob's submission led
another colleague to decry that the Law Review had descended to the depths of
hell, had no standards, and would embarrass us all by publishing this article.
He demanded that I advise the journal to pull this article. Suffice it to say I
advised the journal that it had to exercise editorial responsibility for its
issue. It did. The article is a classic.
Notes and
Comments. One special joy of advising the Iowa Law Review is determining which
students will receive credit for the papers they have written. The standard at
the time was that the paper should be of publishable quality. I took this
standard seriously--for about a year. The broad participation of students in
the Review assured that as the number of papers increased, the advisor's
reading time and comment time would decrease. “Publishable” in my view came to
mean solid, good work. And, much to my delight, virtually all submissions, with
some work, could be much better than that.
There were
exceptions. I will never forget the student whose elegant paper about a recent
Supreme Court case eloquently presented a description of an emerging doctrine
adopted by a slim majority of the Court. When I asked the student about the
policy issues that had been raised
by the dissent, the concurring opinion, and the law review commentary critical
of the majority's position, the student promptly replied: “Oh, I never read
that other stuff; it takes too long and it's not the law.” After the final
draft, when the student became convinced that the dissent had it right, the
student returned to talk about seeing the light and trying this new “dissent
and other opinion stuff” in classes. His grades actually improved. I took from
that experience a new teaching maxim: read the whole case, you'll like it!
Interpersonal
Relationships. How do they do it year after year? The Review brings people
together from every ideological perspective, all races, both genders, Iowans,
out of state students, young, old, with and without families, with and without
high grades. They learn to work together, or fail. But, mostly it was
commitment--to pulling together, helping each other out, getting the work done,
sharing responsibility, and growing.
Over the years,
the editors have kept in touch with their colleagues and with me. That
wonderful Law Review network led me back to Julie Fenton, the Editor-in-Chief
of Volume 71, who I enticed to become the Assistant Dean of Students at
Chicago-Kent College of Law. Working with Julie . . . reminded me of the best
that the Iowa Law Review brought to the law school. Before her Board left
office, they opened the membership of the Review tremendously.[27] Previously, membership was predicated upon completion
of all written work; hence membership was often delayed until the end of the
second year. Julie's Board created the current system in which students become
members much earlier by completing a series of smaller assignments. The
consequence has been extraordinary: no law school has greater numbers of
excellent students who are full members of the law review.
Through the
years, I have come to understand in a fundamental way that the Iowa Law Review
is not merely a student activity nor even an important part of the law school's
curriculum. It is an organic institution with a life of its own. Each year, new
students come to serve. They take on the fiduciary responsibility of managing
the Review's assets. They nurture it by continuing the quest for knowledge.
They care for it by demanding much of each other in student writing, in
supervising and teaching their colleagues, in selecting articles, in working
with faculty members and authors, and in carrying forward the law school's
banner. I am proud of my small part in the heritage of this great institution.
Patricia
Cain (1991-1997) and Jean Love (1995-1997). Pat Cain is a graduate of the
Georgia Law School and a former writer of the Georgia Law Review. Shortly after
receiving her law degree, Pat began teaching as a member of the faculty at the
University of Texas Law School. She had been a member of the Texas faculty for
17 years when, in 1991, she accepted Iowa's offer and moved to Iowa City to join
the faculty of the law school. Pat was Associate Dean for Academic Affairs from
1996 to 1999 and Associate Dean for Admissions from 2001 to 2003. In the
2003-2004 academic year, Professor Cain served as Interim Provost of the
University of Iowa. She is presently serving as its Vice Provost.
In
1995, Jean Love joined Pat as a co-advisor to the Law Review. Jean is a
graduate of the Wisconsin Law School, where she wrote two student comments
published in the Wisconsin Law Review. Upon graduation from law school in 1968,
she practiced for three years and began her teaching career at Wisconsin,
moving thereafter to the University of California at Davis. After visiting at
UCLA and Texas she moved with Pat Cain to the Iowa Law School.
From
Pat Cain:
When Andy Ramzel,
editor-in-chief for Volume 77, came into my office to ask me to serve as the
new faculty advisor for the Law Review, we both agreed on one thing: two
advisors would be better than one. The Law Review had grown in size
significantly in recent years. With one hundred second-year writers
participating in Law Review, and with each participant producing two papers for
faculty review, I did not see how one person could do the job and give any
meaningful feedback. An additional concern of mine was that I was new to Iowa
and knew very little of the Iowa Law Review tradition. I had taught for
seventeen years at the University of Texas, where the Law Review was a
separately incorporated organization, whose day-to-day operation was quite
independent from the law faculty.
The Iowa
tradition seemed much different to me. The independence of the editorial staff
was clear, but because academic credit was awarded to
student participants, a much closer and different relationship with the faculty
advisor existed at Iowa than at Texas. I had one final concern as well. There
had never been a female faculty advisor to the Law Review. It occurred to me
that working with a male co-advisor would solve all of the problems I
envisioned. Andy agreed, and he and his staff selected several possible
co-advisors, including Bill Buss, who had already broken the record, both for
number of terms as faculty advisor and number of years.
Perhaps it
should have been a warning signal when the three selected faculty members all
declined the offer. They all assured me that they thought I would do a
wonderful job on my own and that they stood ready to consult as needed.
Although there
had been female editors-in-chief before my tenure, one of the most noteworthy
events during my time as advisor is the fact that for three successive years
the editors-in-chief were female: Kay Bartolo, Victoria Westenfield, and Kristy
Albrecht. Other important events that . . . occurred during the years I . . .
served include publication of the largest volume containing more symposia than
any other volume (Volume 77 with 1942 pages and three symposia), significant
cutting of publication costs by implementing desktop publishing (Kristy
Albrecht gets credit for this one), and finally accomplishing my initial goal
of providing the Review with more than one faculty advisor. Mike Green agreed
to serve as co-advisor with me during the year I had a semester's development
leave, and [in] 1995, Jean Love . . . agreed, as co-advisor, to take primary
responsibility for reading student work, which [gave] me more time to advise on
other issues. . . .
Before I agreed
to become the advisor, I asked the departing advisor, Rick Matasar, how he
managed to read two hundred student papers in a year. He gave me some hints,
said he was sure I'd find my own way, and assured me that I could rely on the
student editors' help. He was certainly right about the student editors. They
[took] very seriously the responsibility for running what amount[ed] to a
second-year writing program for 80 to 100 students. [I was] awed and impressed
by the dedication and high ethical standards exhibited, in particular, by the
note and comment editors.
At the same
time, I [became] aware of the limitations in teaching legal writing through a
student-run program such as the Law Review. Cogent substantive feedback, beyond
what one should expect of a third-year student editor, would greatly improve a number of papers, provided
the feedback could occur at an early draft stage. Yet the practice had become
one in which there was no faculty input until the final draft had been approved
by a student editor. I . . . helped to initiate two programmatic changes that
address[ed] this problem.
The first of
these changes occurred in 1993[. The] Law Review began using a preliminary writing
exercise to test students' ability to do Law Review work before those students
dedicated an entire year to the Law Review experience, only to find out at the
end that their work was not up to par. This writing exercise [was] completed
over the summer before the second year [began]. Students who [were] identified
as having problems either with writing or with legal analysis [were] referred
to faculty members to work on the problems. These students [would] be eligible
for Law Review if they work[ed] through the problems and complete[d] a second
writing exercise successfully.
The second
change occurred in 1996 and is more fully described by Jean Love, below.
From Jean Love:
I came on board
as a co-advisor in the fall of 1995 to perform one task and one task only--to
review student notes and comments. In the first semester, I read all . . . of
the student papers for the Class of 1996, and in the second semester, I read
all . . . of the student papers for the Class of 1997--a total of approximately
360 notes and comments! By the end of this marathon, I was convinced that the
law review writers should be getting earlier feedback and more constructive
commentary from the faculty advisor. However, I did not see how only one
faculty advisor could improve the quality of faculty supervision without
reducing the quantity of the student manuscripts. So--I conducted a “pilot
project,” in which I wrote extensive comments on the papers of thirty students
from the Class of 1997, in order to demonstrate what I could do if I were given
more time to devote to each student's manuscript. The upshot of the “pilot
project” [was] described by Trent Vich, [then] current Editor-in-Chief of the
Iowa Law Review, as follows:
The 1996-97
school year marks a significant change in the writing component of second year
students' Iowa Law Review experience. Students will no longer write two papers
for the journal. Beginning this year, students will dedicate their entire
second year to writing a single article, with the goal of producing an article
of publishable quality. Professor Love made an extraordinary commitment to the Iowa Law Review by agreeing
to provide a critique of each student's preliminary draft at the mid-point of
the school year. The Iowa Law Review has received strong encouragement for this
change from law school administration, faculty, and students based on a pilot
project that tested the value of her critique.[28]
Michael
Green (1997-1999). Mike Green joined the Iowa College of Law faculty in 1979,
teaching for 20 years before accepting a chair at Wake Forest University School
of Law in 2000. He served as co-faculty advisor with Patricia Cain in 1993-1994
before serving as the sole advisor for Volumes 83 and 84.
My service as
faculty advisor to the Law Review was initiated by the most extraordinary
student (and now close friend) I have had the good fortune to teach, Jonathan
Cardi, the Chief Articles Editor of Volume 82. He approached me one day and
explained that the law review was seeking an advisor and asked if I would be
willing to serve. His recollection is that this occurred in 1997 when his Board
began its service, but my recollection (and the masthead) suggests that it was
the following year.
Like a number of
my predecessors, my philosophy was that the law review was a student-run
organization, and the faculty “advisor” should be just that. To each Editor in
Chief, I explained that selecting articles and student notes, editing of the
ones selected for publication, attending to the publication process, and
supervising students was their function, not mine. I would be available if they
wanted advice, but otherwise I would try to stay out of the way. Both Susan
Schwochau and Tr[y]stan Phifer O'Leary, the two Editors in Chief with whom I
served, were entirely comfortable with this “passive” advisor arrangement.
There were two
exceptions to my passive role; since student editors were receiving academic
credit for their work on law review, the ultimate determination about that
question had to be a faculty member's. This was a matter about which there was
broad agreement among the faculty at the College of Law during my tenure.
Student papers would, at the end of the drafting process, be read and approved
for credit by a faculty member. The second matter about which I had special
interest was academic integrity within the law review enterprise. The College
of Law had strong, yet appropriate policies on academic integrity and, over the
years, I realized that there were
inevitable, but thankfully rare, incidents that required attention. When those
arose in the Law Review, faculty involvement was required.
I must confess
to one violation of the precepts I laid out above for passive advising. Every
year when the board was preparing to select its successors, I would encourage
them to ask a question on the application form that had not been asked for many
years: what was the applicant's grade point average? I explained that this was
at least significant if the student was in academic difficulty and, therefore,
would be better served by attending to classes than spending the extraordinary
amount of time required of a conscientious board member. I also contended that
this information was surely relevant beyond simply protecting weak students, so
why would the board blind itself to relevant information? I never received a
good answer to that question, but I am pleased to say that my violation was
harmless error. Despite what I am confident was vigorous and persuasive
advocacy on my part, the board decided each year not to accept my “advice” on
obtaining grade point averages. . . .
The one policy
change that was initiated while I was faculty advisor was to seek broader
faculty involvement in reading student notes. I was confident that a faculty
member with some expertise in the subject matter of the paper could do a much
better job than I in providing substantive feedback to student writers.
Moreover, with this change we could spread the burden that had weighed so
heavily on some of my predecessors. I was the backup, of course, but the Note
and Comment Editors were quite successful in soliciting broad faculty
involvement in reviewing student work.[29]
Todd
Pettys (2001-present). Todd Pettys joined the Iowa College of Law faculty in
1999, moving from private practice to teach Constitutional Law, Evidence, and
Federal Courts. When he took the reins as faculty advisor to the Iowa Law
Review in 2001, the journal had undergone several changes in the prior five
years. Membership was no longer open; students could become members only
through a rigorous, anonymous write-on competition at the end of their first year.
In addition, the emergence of the Internet as the primary tool for legal
research and article submissions had altered the universe of scholarly
publication, simultaneously creating new challenges and presenting new
opportunities for legal journals.
The Iowa Law
Review was a thriving institution when I became its faculty advisor in 2001,
and it continues to thrive today. Each year, approximately fifteen editors and
forty student writers set off down a path that will require them to trek deep
into the recesses of the law library, write and edit intelligently in areas of
the law they never before encountered, find their way through thickets of
footnotes and citation conventions that the uninitiated can scarcely fathom,
and weather the relentless deluge of manuscripts that those in my profession
submit each year with the hopes of publication. And each year, the students
emerge from the experience with the gratifying sense of camaraderie,
perspective, and, yes, exhaustion that comes with having worked so hard and
traveled so far together.
In many
respects, the issues that the editors and student writers confront today are
the same that their predecessors confronted before them-- distinguishing good
writing from bad and timely topics from timeworn, learning the techniques of
thorough legal research, fostering the patience necessary to attend to the
finest points of detail, and so forth. At the same time, however, the world of
legal publishing continues to evolve. A number of leading law reviews recently
issued a joint statement, for example, declaring that they believed articles
had become too long and that footnotes had become too numerous; accordingly,
many journals now express a strong preference for articles that fall below a
specified number of words. Many journals also have begun to integrate the
Internet into their operations, such as by requiring those submitting articles
for possible publication to do so by way of a website. Computing and printing
capabilities require continual updating. The members of the Iowa Law Review
regularly respond to these and similar developments, to ensure that the journal
continues to operate in as efficient and professional a manner as possible.
Regardless of
the ways in which the Review's operations evolve over time, however, its
fundamental objective remains unchanged: to provide the editors and student
writers with the invaluable learning opportunities that come with producing a
first-rate legal journal. Following a recent trend on the Review, we are
continuing to place a special emphasis on the importance of publishing
students' own work. In that and nearly all other areas, however, the students
remain in charge. Like those who preceded me, I believe that students benefit
most from their journal experiences when they are given the autonomy required
to create their own successes and to make their own mistakes. I am the
students' advisor; I am not their employer. I sometimes send
along unsolicited advice and I review each of the notes written by the student
writers, but I make it clear to the students that my primary job is to make
myself available to them whenever they have questions along the way. On almost
all issues that matter, the ultimate decision-making responsibility rests with
them.
If the alumni of
the Iowa Law Review could meet today's editors and student writers and see the
journal's daily operations, I am certain they would be proud. Today's students
take seriously the wonderful traditions they have inherited--as they
should--and there is every reason to believe that future generations of the
Review's staff will look back to their predecessors with gratitude.[30]
On
the occasion of the Iowa Law Review's 50th Anniversary in 1964, Dean Ladd wrote
that the Review's
greatest value
is as an educational tool, providing law students an opportunity to engage in
research and writing. Law Review work is considered to provide the very best of
training in a student's legal education. . . . We are pleased that as we enter
upon our fiftieth year, the student production in the Iowa Law Review is among
the highest of all law school reviews, both in quantity and, we believe, in
quality.[31]
Twenty-five
years later, Dean Hines observed that “the Review is first and foremost a
vehicle for professional education.”[32]
The
Iowa College of Law has taken the position that writing is a fundamental skill
in lawyering. Good writing requires good thinking. They are acquired by
continual doing and rigorous editing. That, it seems, has always been the
overarching objective of the Iowa Law Review, as demonstrated by the constant
emphasis on publication of student work. In 1964, Professor Arthur L. Goodhart
of Oxford University stated that he found it
“astonishing . .
. for one accustomed to the English system, to read that nearly sixty percent
of the material in the Iowa Law Review has been written and edited by students.
. . . It is not surprising that students trained in this
way have given to the Iowa Law School the reputation of being one of the
leading ones in the United States.”[33]
The
lasting value to the student of this unique learning opportunity is eloquently
described by a former Iowa Law Review Editor, Judge Donald P. Lay:
I attended Iowa
Law School from 1948 to 1950. I was encouraged by many colleagues and upper
classmen to write for the Law Review. As I recall, I had two comments published
and then was selected to be Leading Articles Editor for my senior year.
Professor Frank Kennedy was the advisor to the Review at that time. Through the
combination of Professor Kennedy's zeal for excellence as well as the demands
of the Review itself, I believe my experience on the Law Review had the
greatest impact upon me than any other in law school. I learned areas of
research not otherwise provided in our normal classrooms. More specifically, I
came to respect the need for accuracy and the importance of expressing thoughts
clearly and concisely. The Law Review required late hours and the discipline
provided each of us on the staff was such that I am confident that it impacted
on each of the staff members' legal career. I can remember working late into
the evening with Professor Kennedy editing manuscripts and in reading many,
many articles submitted for publication which we had to reject. After
graduation, I commenced writing for law reviews. In the expanse of my legal
career, now of some 46 years,[34] I believe I
have written over 50 law review articles and essays for other legal periodicals.
The guidance
received from my experience carried over and has aided me tremendously in the
role of United States Circuit Judge. I have written over 2,000 opinions in the
last 30 years and I am constantly reminded of the needed discipline for
thoroughness and accuracy that I learned at the Iowa Law Review. Being an
editor of the Iowa Law Review is an experience that only a few students can
undertake. However, I urge every student to strive to write for the Law Review
so as to be exposed to the disciplines involved.[35]
The
publication of articles written by faculty members and professionals, of
course, is also of great, though clearly secondary, importance. The most
remarkable feature of the Iowa Law Review, and indeed
all other student-run journals, is the fact that decisions about which faculty
articles to publish, and what editorial changes to require, is vested in
students, not faculty. This feature has also occasioned the greatest amount of
controversy. Authors of leading articles--academics and members of the
practicing profession alike--complain that students are not equipped to decide
whether an article is worthy of publication, much less to edit and revise it.
There is no doubt some truth to this; the lawyer's greatest arrogance, after
all, is the claimed ability to deal with any problem and any issue. But there
is only some truth. It is remarkable how insightful and knowledgeable a bright
law student can really be, even when dealing with the most sophisticated of
problems.
As the twenty-first century begins, the
Iowa Law Review is one of over 300 student-edited law journals in the
country--not, as in 1914 when it began, one of a handful of new and largely
untested periodicals. Today the Law Review exists in a technological age when publication
on computers and in commercial data bases is as important--is perhaps more
important than--production of a printed volume. Paper subscriptions to the Law
Review have declined in recent years, in proportion to the increase in revenues
generated from such electronic databases as Westlaw, Lexis, and Hein.[36]
Yet
the fundamentals of the Iowa Law Review remain sound. It is student-run; its
Editorial Board consists of sixteen third-year students, selected each year in
March among the second-year Student Writers by the previous year's Board. It
remains editorially independent; while Iowa faculty members occasionally send
along a piece of their own or a colleague's for consideration, they
unilaterally recognize that the selection of articles rests entirely in the
student-run Articles Department. The Law Review holds firmly to its great
tradition of concentrating on student work; in the present Volume 91, half of
the approximately forty pieces selected for publication will be
student-written. The Law Review is a place where the most rigorous and
individualized editorial oversight can be provided; the Note & Comment
Department runs a personalized writing program for a group of approximately
forty second-year students, who become “Student Writers” through a highly
competitive write-on process (focused on writing, analytic, and editing skills,
rather than grades) conducted after their first-year finals. The Law Review
provides an educational experience second to none; in addition to writing a
professional, forty-page legal paper, second-year students
complete one hundred “office hours,” the fulfillment of which includes editing
and engaging in various research projects. “Authority checks,” the scrupulous
fact-checking process Editors organize and second-year students complete for
each article and note, are required in addition to the office hours
requirement. Upon satisfactory completion of these projects, second-year
students earn two writing credits. Editors earn two to four credits and receive
a modest stipend, as well as the honor of joining the long tradition of Law
Review editorship, for dedicating the majority of their third-year efforts to
the publication of five new issues of the journal. Finally, the Law Review
remains a periodical carrying professional scholarship of the highest quality.
The
extent to which these fundamental purposes are realized may vary over time, but
the purposes themselves have remained constant over the course of the Law
Review's ninety-year history. The benefits to the writer of participating in
the Iowa Law Review are many and diverse, grand and mundane--all essential to
good thinking and good writing. From the accuracy of careful proofreading
esteemed by Oliver Wendell Holmes to the comprehensive and anticipatory
approach of the Brandeis brief, writers develop the fundamentals that underlay
all other basic legal skills. These are best cultivated in a one-on-one
relationship between student writer and student editor, coupled with the
support of the faculty. It is this intimate and personalized learning
environment that has made Law Review a unique experience in the educational
life of hundreds of Iowa law students for decades.
The history of the Iowa Law Review is
much more than the recollections of its faculty advisors, as revealing as they
are. It also consists of the people who served as members of the Law Review's
staffs and as its writers, of the publications they produced and the changes
they wrought over the years, and of the events in which they participated and
the forces that bore on them during their years as writers and editors. These
events ranged from wars and drafts, to dramatic changes in technology, to
increases in the size of the Law Review and its offices and staffs, and to
changes in the student body of the law school from which they were drawn. This
history does not permit detailed examination of these changes, nor does it
permit even a listing of all editors and writers over the years. In the place
of such an extended treatment, some of the names, and many of the events, have
been incorporated in the following chronology of the Iowa Law Review.
An Annotated Chronology of the Iowa Law Review
YEAR |
VOLUME |
PAGES |
STAFF
SIZE[37] |
NOTES |
1915[38] |
1 |
206 |
11-12 |
•
Students contributed 95 of the 206 pages[39] • Called the
Iowa Law Bulletin. The Bulletin had been published from 1891-1901, but was
discontinued when Dean Emlin McClain joined the Iowa Supreme Court. • All
members of student staff titled Student Editors • Professor Goodrich titled
Editor-in-Charge (1915-Jan. 1922) • Clarence Updegraff member of student
staff |
1916 |
2 |
228 |
12 |
•
Students contributed 116 of the 228 pages |
1917 |
3 |
256 |
12 |
•
Students contributed 95 of the 256 pages |
1918 |
4 |
287 |
10-11 |
•
Students contributed 83 of the 287 pages; the number of student pages
contributed to Volumes 4, 5, and 6 was low due to students' participation in
World War I |
1919-1920 |
5 |
288 |
9 |
•
Students contributed 61 of the 288 pages |
1920-1921 |
6 |
256 |
11-12 |
•
Students contributed 84 of the 256 pages |
1921-1922 |
7 |
272 |
12-13 |
•
Students contributed 96 of the 272 pages • Professor Patterson served as
Editor-in-Charge for the March and May Issues (1922) |
1922-1923 |
8 |
288 |
13 |
•
Students contributed 105 of the 288 pages • Professor Breckenridge became Editor-in-Charge
(1922-1924, 1943-1946) • Student staff included Mason Ladd, Virgil Hancher,
Martin Van Oosterhout |
1923-1924 |
9 |
320 |
10-14 |
•
Students contributed 106 of the 320 pages • Individually-titled student
position, Managing Editor, created • Hancher and Von Oosterhout still members
of student staff • Managing Editor: Donald D. Holdoegel |
1924-1925 |
10 |
352 |
15-16 |
•
Students contributed 114 of the 352 pages • No titled student positions •
Professor Patton became Editor-in-Charge (Nov. 1924-1926) |
1925-1926 |
11 |
408 |
16 |
•
Students contributed 125 of the 408 pages-• Name changed to Iowa Law Review,
Dec. 1925 Issue •One titled member of student staff: the Note and Case Editor
• Note and Case Editor: Matthew M. Stafford, Dec. 1925 Issue |
1926-1927 |
12 |
463 |
17-19 |
•
Students contributed 176 of the 463 pages Professor Updegraff became Faculty
Editor (Dec. 1926-1930) • Note and Case Editor: Paul C. Clovis |
1927-1928 |
13 |
488 |
4 |
•
Students contributed 137 of the 488 pages • Three titled members of student
staff: President, Case Editor, Note Editor • All non-titled student staff
members now called Associate Student Editors • President: Joseph F.
Rosenfield |
1928-1929 |
14 |
511 |
5 |
•
Students contributed 203 of the 511 pages • Fourth titled student position
created: Circulation Manager •President: Frank E. Horack, Jr. |
1929-1930 |
15 |
527 |
4 |
•
Students contributed 205 of the 527 pages • No longer a position titled
Circulation Manager • Student staff included Arthur O. Leff • Felix
Frankfurter was a contributing author in the Feb. 1930 Issue: “The Conditions
for, and the Aims and Methods of, Legal Research” • Arthur L. Corbin
contributed The Restatement of the Common Law by the American Law Institute •
President: Paul E. Raymond |
1930-1931 |
16 |
615 |
6 |
•
Students contributed 207 of the 615 pages • Two new titled student positions
created: Statute Editor and Administration Editor • Professor Sayre became
Faculty Editor (1930-1934) • President: Dwight Brooke |
1931-1932 |
17 |
584 |
6 |
•
Students contributed 209 of the 584 pages • Volume included a 136-page study
of criminal law by Professor Rollin M. Perkins • President: James E. Carroll |
1932-1933 |
18 |
598 |
5-6 |
•
Students contributed 190 of the 598 pages • No longer a position titled
Statute Editor • New position created: Legislation Editor • The Iowa Law
Review presents the first symposium ever published in a law review,
Administrative Law Based upon Legal Writings 1931-1933 • Felix Frankfurter
contributed an Introduction to the symposium • Louis L. Jaffe wrote The
Contributions of Mr. Justice Brandeis to Administrative Law • President: Fred
A. Dewey |
1933-1934 |
19 |
663 |
6-7 |
•
Students contributed 230 of the 663 pages • New titled student position, Book
Review Editor, created • Symposium: International Law Based upon Legal
Writings 1930-1934 • President: John C. Butler |
1934-1935 |
20 |
871 |
3-8 |
•
Students contributed 284 of the 871 pages • At the end of the next six
volumes (including Volume 20), an Iowa Bar Association section appeared,
called the Iowa Bar Review • Symposium: Succession to Property by Operation
of Law • Professor Frank R. Strong became Editor (1934-1937), Professor Sayre
now titled Advisory Editor • President: T. Maxwell Anderson |
1935-1936 |
21 |
832 |
3 |
•
Students contributed 249 of the 832 pages • Volume included a 64-page Iowa
State Bar Association section • Faculty Advisors/Editors no longer listed on
masthead • Student positions now titled Editor-in-Chief, Note Editor, Comment
Editor • The symposium in this volume was untitled, but focused on markets,
unfair competition, and the restraint of trade • Editor-in-Chief: Caspar C.
Garrigues, Jr. |
1936-1937 |
22 |
784 |
2-3 |
•
Students contributed 250 of the 784 pages • Volume included an 83-page Iowa
State Bar Association section • Symposium: State Income Taxation •
Editor-in-Chief: Amos A. Belknap |
1937-1938 |
23 |
670 |
3 |
•
Students contributed 227 of the 670 pages • Volume included a 109-page Iowa
Bar Association section • The Law Review included a tribute to Percy Bordwell
after twenty-seven years of service to the Law School • Titled student
positions included Editor-in-Chief and Notes and Comments Editors •
Symposium: Cooperative Federalism • Professor Wirtz became Faculty Advisor
(1937-1939) • Editor-in-Chief: Harry E. Wilmarth |
1938-1939 |
24 |
817 |
3 |
•
Students contributed 325 of the 817 pages • Volume included a 109-page Iowa
Bar Association section • Symposium: Techniques in the Introduction of
Evidence • Editor-in-Chief: Erwin L. Buck |
1939-1940 |
25 |
857 |
3 |
•
Students contributed 286 of the 857 pages • Volume included an 84-page Iowa
Bar Association section • Symposium: Procedural Administrative Law •
Professor Byse became Faculty Advisor • Editor-in-Chief: James McCarthy |
1940-1941 |
26 |
924 |
4 |
•
Students contributed 360 of the 924 pages • Titled student positions included
Editor-in-Chief, Notes and Legislation Editor, Comments Editor, and Book
Review Editor • Symposium: State Inheritance and Estate Taxation •
Editor-in-Chief: W. Howard Mann |
1941-1942 |
27 |
678 |
4 |
•
Students contributed 257 of the 678 pages • Book Review Editor now titled
Article and Book Review Editor • Student staff included Vic R. Pomerantz •
Symposium: Security[40] • Professor
Williams became Faculty Advisor |
1942-1943 |
28 |
727 |
4-5 |
•
Students contributed 219 of the 727 pages • Symposium: The Law of Divorce •
Roscoe Pound of Harvard Law School contributed the Forward to the symposium •
Editor-in-Chief: Harold R. Grigg |
1943-1944 |
29 |
667 |
4 [41] |
•
Students contributed 195 of the 667 pages • 2 positions listed: Notes and
Legislation Editor and Comments Editor • January Symposium: Labor Law in War
Time • March Symposium: Constitutional Rights in Wartime • No Editor-in-Chief
• Volumes 29, 30, and 31 had drastically reduced staffs, an obvious result of
World War II. During this period the enrollment in the College of Law dipped
as low as twenty-five, with graduating classes as small as six graduates. The
Law Review's masthead listed no Editors-in-Chief. Instead, Professor Paul
Sayre was listed as Faculty Editor on the masthead during these years. He
stepped in to assume direct editorial responsibility for the Law Review,
seeing to its uninterrupted publication through Volumes 29, 30, and 31.
Unsurprisingly, symposiums comprised a large part of the Law Review's
published pages in these volumes. Thus Professor Sayre's earlier intervention
played an important role in keeping the Iowa Law Review in business between
1943 and 1947. |
1944-1945 |
30 |
592 |
2 [42] |
•
Students contributed 238 of the 592 pages • Included Early History of the
College of Law; State University of Iowa: 1865-1884 • January Symposium:
Federal Legislation Relating to Education • March Symposium: Legal Education
After the War • May Symposium: International Administrative Agencies • No
Editor-in-Chief |
1945-1946 |
31 [43] |
687 |
5 [44] |
•
Students contributed 216 of the 687 pages • November Symposium: Legal Techniques
for International Administrative Agencies • January Symposium: Fitting the
Punishment to the Criminal • March Symposium: Federal Jurisdiction • May
Symposium: Juristic Bases for International Law • Editor-in-Chief: Robert W.
Wilson |
1946-1947 |
32 |
816 |
5-8 |
•
Students contributed 278 of the 816 pages • Titled student positions included
Editor-in-Chief, Notes and Legislation Editor, Comments Editor(s), and Book
Review Editor • Included History of the College of Law of the State
University of Iowa: 1881-1922 • The Faculty Advisor/Editor was once again
removed from the masthead • January Symposium: The forward was titled
Regional Planning and Development: The Process of Using Intelligence, Under
Conditions of Resource and Institutional Interdependence for Securing
Community Values.[45] • Professor
Kennedy became Faculty Advisor (1946-1950) • Larned A. Waterman, after whom
the Iowa Nonprofit Resource Center is named, was among the editorial staff •
Editor-in-Chief: David C. Duncan |
1947-1948 |
33 |
768 |
4-5 |
•
Students contributed 344 of the 768 pages • Student position previously
titled Book Review Editor titled Article and Book Review Editor • Symposium:
State Administrative Procedure • Editor-in-Chief: Philip W. Tone (Issues 1
& 2); Donald H. Shaw (Issues 3 & 4) |
1948-1949 |
34 |
736 |
5 |
•
Students contributed 303 of the 736 pages • Symposium: Recent Agricultural
Legislation • Editor-in-Chief: G. Duane Vieth (Issues 1 & 2); Jack C.
Merrimon (Issues 3 & 4) |
1949-1950 |
35 |
739 |
5 |
•
Students contributed 292 of the 739 pages • Winter Symposium: An untitled
Symposium dealing with proposals for a national health system • The entire
summer issue was dedicated to former Supreme Court Justice and University of
Iowa Professor Wiley Rutledge • Editor-in-Chief: Richard G. Huber |
1950-1951 |
36 |
730 |
5-6 |
•
Students contributed 281 of the 730 pages • Symposium: Law and Accounting •
Professor Davidson became Faculty Advisor (1950-1954) • Editor-in-Chief:
Richard D. Hobbet (Fall & Winter); John A. Stichnoth (Spring &
Summer) |
1951-1952 |
37 |
628 |
5 |
•
Students contributed 234 of the 628 pages • Symposium: Current Civil
Liberties Problems • Editor-in-Chief: David H. Foster |
1952-1953 |
38 |
781 |
5 |
•
Students contributed 168 of the 781 pages • Symposium: Price Control:
Prospect and Retrospect • Editor-in-Chief: George W. McBurney |
1953-1954 |
39 |
691 |
5 |
•
Students contributed 147 of the 691 pages • Symposium: Res Judicata •
Editor-in-Chief: John E. McTavish |
1954-1955 |
40 |
680 |
5 |
•
Students contributed 99 of the 680 pages • Symposium: Adoption • Professor
Boyd becomes Faculty Advisor (1954-1964) • Editor-in-Chief: Jack W. Peters |
1955-1956 |
41 |
723 |
5 |
•
Students contributed 226 of the 723 pages • Symposium: Water Use and Control
• Editor-in-Chief: W. Joseph Shoemaker |
1956-1957 |
42 |
657 |
6 |
•
Students contributed 285 of the 657 pages • Student position previously
titled Notes and Legislation Editor now titled Notes Editor • Symposium:
Post-Judgment Proceedings by the Plaintiff • Editor-in-Chief: Rex J. Ryden |
1957-1958 |
43 |
673 |
6 |
•
Students contributed 358 of the 673 pages • Student position titled Article
and Book Review Editor eliminated • Symposium: Eminent Domain •
Editor-in-Chief: John A. Senneff |
1958-1959 |
44 |
829 |
6 |
•
Students contributed 448 of the 829 pages • Symposium: Jurisdiction •
Editor-in-Chief: Heinrich C. Taylor, Jr. |
1959-1960 |
45 |
985 |
6 |
•
Students contributed 446 of the 985 pages • Symposium: Guardianship •
Editor-in-Chief: John J. Bouma |
1960-1961 |
46 [46] |
954 |
6 |
•
Students contributed 501 of the 954 pages • Symposium: Hearsay Evidence • Editor-in-Chief:
Richard R. Albrecht |
1961-1962 |
47 |
1186 |
6 |
•
Students contributed 651 of the 1186 pages • Symposium: Notice and
Recordation • Editor-in-Chief: Larry L. Vickrey |
1962-1963 |
48 |
1092 |
6-7 |
•
Students contributed 712 of the 1092 pages • Titled student position,
Developments Editor, created • Symposium: Federal Jurisdiction •
Editor-in-Chief: Jon L. Jacobson |
1963-1964 |
49 |
1386 |
7 |
•
Students contributed 758 of the 1386 pages • Titled student position,
Articles Editor, created; no Developments Editor • Included a Dedication to
Virgil Hancher upon his retirement • Symposium: Sanctions • Editor-in-Chief:
Stuart G. Webb |
1964-1965 |
50 |
1314 |
7 |
•
Students contributed 724 of the 1314 pages • Student position titled
Developments Editor reestablished, Articles Editor eliminated • Symposium:
Land Use • Professor Meeks became Faculty Advisor (1964-1969) •
Editor-in-Chief: Conrad M. Weiser |
1965-1966 |
51 |
1006 |
7 |
•
Students contributed 754 of the 1006 pages • Included a Dedication to Mason
Ladd upon his retirement • Symposium: Regulated Industries • Editor-in-Chief:
Michael M. Martin |
1966-
1967 |
52 |
1232 |
8 |
•
Students contributed 705 of 1232 pages • Student position titled Managing
Editor created; Developments Editor eliminated • Editor-in-Chief: John E.
Rashke |
1967-1968 |
53 |
1392 |
9 |
•
Students contributed 633 of 1392 pages • Many students titled Associate
Editors, and a position titled Articles Editor recreated • October Symposium:
International Human Rights • February Symposium: Copyright Law Revision • The
Iowa Law Review had another first with the introduction of a “Contemporary
Studies Project” (CSP): Juvenile Delinquency in Iowa • Editor-in-Chief: John
S. Murray |
1968-1969 |
54 |
1193 |
11 |
•
Students contributed 667 of the 1193 pages • CSP: New Perspectives on Iowa Eminent
Domain • Editor-in-Chief: Patrick J. Kelley |
1969-1970 |
55 |
1372 |
10 |
•
Students contributed 714 of the 1372 pages • October CSP: Detection,
Treatment, and Control of the Potentially Violent Person • April CSP: Facts
and Fallacies About Iowa Civil Commitment • Professor Buss, who would become
the Law Review's longest-serving advisor, became Faculty Advisor (1969-1976,
1979-1982) • Editor-in-Chief: Ronny R. Tharp |
1970-1971 |
56 |
1381 |
9 |
•
Students contributed 717 of the 1381 pages • CSP: Impact of Local
Governmental Units on Water Quality Control • Includes In Memoriam of Percy
Bordwell • Editor-in-Chief: Randall P. Bezanson |
1971-1972 |
57 |
1436 |
9 |
•
Students contributed 1003 of the 1436 pages • Symposium: Conflict of Laws
Roundtable • February CSP: Perspectives on the Administration of Criminal
Justice in Iowa • April CSP: Regulation of Health-Care Personnel in Iowa -- A
Distortion of the Public Interest • Editor-in-Chief: Joel S. Wight |
1972-1973 |
58 |
1339 |
9 |
•
Students contributed 729 of the 1339 pages • CSP: Administrative Control of
Police Discretion • Editor-in-Chief: John R. Werner |
1973-1974 |
59 |
1377 |
9-10 |
•
Students contributed 924 of the 1377 pages • Writing competition opened Iowa
Law Review membership to all students • CSP: Large Farm Estate Planning and
Probate in Iowa • Editor-in-Chief: Jack M. Fribley |
1974-1975 |
60 |
1435 |
9-10 |
•
Students contributed 790 of the 1435 pages • Symposium: Proposed Criminal Law
Reform in Iowa [47] • CSP:
Funding the Juvenile Justice System in Iowa • Editor-in-Chief: Dennis W.
Johnson |
1975-1976 |
61 |
1470 |
10-11 |
•
Students contributed 1084 of the 1470 pages • CSP: General Assistance in Iowa
• Editor-in-Chief: Peter Vermont |
1976-1977 |
62 |
1575 |
10 |
•
Students contributed 876 of the 1575 pages • Symposium: Environmental
Decisionmaking • CSP: Special Education: The Struggle for Equal Educational
Opportunity in Iowa • Professor Bezanson became Faculty Advisor (the only
former Editor-in-Chief of the Iowa Law Review to become its Faculty Advisor)
(1976-1979) • Editor-in-Chief: Michael D. Ferguson |
1977-1978 |
63 |
1304 |
10 |
•
Students contributed 480 of the 1304 pages • Symposium: State-Court Judicial
Jurisdiction After Shaffer v. Heitner • CSP: A Comparison of Iowans'
Dispositive Preferences with Selected Provisions of the Iowa and Uniform
Probate Codes • Editor-in-Chief: Susan Thevenet Casamassimo (The Iowa Law
Review's first female Editor-in-Chief) |
1978-1979 |
64 |
1516 |
12 |
•
Students contributed 759 of the 1516 pages • Symposium: Toward a Resolution
of the Expanding Conflict between the Press and Privacy Interests • CSP:
Involuntary Hospitalization of the Mentally Ill in Iowa: The Failure of the
1975 Legislation • Editor-in-Chief: Dennis Thorson |
1979-1980 |
65 |
1496 |
10-11 |
Students
contributed 716 of the 1496 pages • CSP: Iowa Professionals and the Child
Abuse Reporting Statute-- A Case of Success • Professor Buss returned to
Faculty Advisor position • Editor-in-Chief: Margaret L. Tobey |
1980-1981 |
66 |
1351 |
11-12 |
•
Students contributed 665 of the 1351 pages • Membership requirements and
ceiling eliminated; open membership established • Symposium: Mason Ladd
Memorial Symposium on Evidence • CSP: Standards for Local Detention
Facilities: An Attempt at Statewide Management of Iowa County Jails •
Editor-in-Chief: Wade R. Hauser III |
1981-1982 |
67 |
1100 |
11-12 |
•
Students contributed 570 of the 1100 pages • Editor-in-Chief: Robert H.
Oberbillig |
1982-1983 |
68 |
1356 |
12 |
•
Students contributed 682 of the 1356 pages • CSP: Rural Land Use Regulation
in Iowa: An Empirical Analysis of County Board of Adjustment Practices •
Professor Richard A. Matasar became Faculty Advisor (1982-1992) •
Editor-in-Chief: Lowell V. Stortz |
1983-1984 |
69 |
1481 |
13 |
•
Students contributed 463 of the 1481 pages • Student position titled Senior
Note and Comment Editor created • Mason Ladd Lecture: Comments on Judicial
Creativity • Symposium: Public and Private Barriers to Competitive Reform of
Health Care Services Delivery • Editor-in-Chief: Cathy R. Jones |
1984-1985 |
70 |
1399 |
13 |
•
Students contributed 440 of the 1399 pages • October Symposium: Allan Delker
Vestal Memorial Symposium on Civil Procedure/Preclusion • July Symposium:
International Law and World Hunger • Editor-in-Chief: Gregory S. Bruch |
1985-1986 [48] |
71 |
1594 |
13 |
•
Students contributed 555 of the 1594 pages • Editor-in-Chief: Julia A. Fenton |
1986-1987 |
72 |
1482 |
13 |
•
Students contributed 575 of the 1482 pages • January Symposium: Affirmative
Action • July Symposium: In Celebration of the Bicentennial of the Constitution
• CSP: Standards Governing the News: Their Use, Their Character, and Their
Legal Implications • Editor-in-Chief: William J. Maddix |
1987-1988 |
73 |
1254 |
12-13 |
•
Students contributed 399 of the 1254 pages • Editor-in-Chief: Lawrence R.
Lassiter |
1988-1989 |
74 |
1284 |
13 |
•
Students contributed 441 of the 1284 pages • Masthead lists the Faculty
Advisor, Professor Matasar, for the first time since World War II •
Symposium: Rhetoric and Skepticism • Editor-in-Chief: Michael T. Zeller |
1989-1990 |
75 [49] |
1372 |
14 |
•
Students contributed 549 of the 1372 pages • Masthead once again lists the
Administrative Assistant (Secretary) • CSP: Iowa Small Claims Court: An
Empirical Analysis • Editor-in-Chief: Kyle R. Crowe |
1990-1991 |
76 |
1181 |
17 |
•
Students contributed 495 of the 1181 pages • Editor-in-Chief: Kevin M.
Lindsey |
1991-1992 |
77 |
1942 |
18 |
•
Students contributed 489 of the 1942 pages • Student positions titled Book
Review Editor, Topic Editor, and Senior Associate Editor created • October
Symposium: The Voices of Women: A Symposium on Women in Legal Education •
January Symposium: Corrective Justice and Formalism-- The Care One Owes One's
Neighbors • May Symposium: HIV Infection Among Women of Reproductive Age,
Children, and Adolescents • CSP: An Empirical Examination of the Iowa Bar's
Approach to Regulating Lawyer Advertising • Professor Cain became the Law
Review's first female Faculty Advisor (1991-1997) • Editor-in-Chief: Andrew
Ramzel |
1992-1993 |
78 |
1193 |
16 |
•
Students contributed 222 of the 1193 pages • Editor-in-Chief: Kay Bartolo |
1993-1994 |
79 |
1207 |
16 |
•
Students contributed 365 of the 1207 pages • CSP: The Iowa Mediation Service:
An Empirical Study of Iowa Attorneys' Views on Mandatory Farm Mediation •
Professor Green became Professor Cain's Co-Faculty Advisor (Volume 79 only) •
Editor-in-Chief: Victoria A. Westenfield |
1994-1995 |
80 |
1352 |
16 |
•
Students contributed 236 of the 1352 pages • Symposium: Data Protection Law
and the European Union's Directive: The Challenge for the United States •
Editor-in-Chief: Kristy L. Albrecht |
1995-1996 |
81 |
1686 |
15-16 |
•
Students contributed 205 of the 1686 pages • CSP: Making Reasonable Efforts
in Iowa Foster Care Cases: An Empirical Analysis • Professor Love became
Professor Cain's Co-Faculty Advisor (1995-1997) • Editor-in-Chief: Randy R.
Merritt [50] |
1996-1997 |
82 |
1534 |
16 |
•
Students contributed 121 of the 1534 pages • Editor-in-Chief: Trent J. Vich |
1997-1998 |
83 |
1113 |
16 |
•
Students contributed 191 of the 1113 pages • Editor-in-Chief: Elizabeth Green |
1998-1999 |
84 |
1181 |
14 |
•
Students contributed 201 of the 1181 pages • Professor Green became Faculty
Advisor (1998-2000) • Editor-in-Chief: Susan Schwochau |
1999-2000 |
85 |
1859 |
16 |
•
Students contributed 402 of 1859 pages • Student position titled Executive
Editor created • Editor-in-Chief: Trystan Phifer O'Leary |
2000-2001 |
86 |
1658 |
16 |
•
Students contributed 356 of the 1658 pages • Issue 5 included In Memoriam
Alan I. Widiss. Professor Widiss joined the Iowa Law faculty in 1965. •
Professor Bezanson returned to the position of Faculty Advisor (2000-2001) •
Editor-in-Chief: Teresa K. Baumann |
2001-2002 |
87 |
1674 |
16 |
•
Students contributed 388 of the 1674 pages • Symposium: Legal Issues and
Sociolegal Consequences of the Federal Sentencing Guidelines • Issue 3
included In Memoriam David H. Vernon. Professor Vernon was the Dean of the
Iowa College of Law for five years beginning in 1966. • Professor Todd E.
Pettys became Faculty Advisor (2001-present) • Editor-in-Chief: Adam A.
Shulenburger |
2002-2003 |
88 |
1274 |
14-15 |
•
Students contributed 459 of the 1274 pages • Student position titled Senior
Associate Editor was eliminated and a new student position titled
Administrative Editor was created • Editor-in-Chief: Tom Burkhart |
2003-2004 |
89 |
1800 |
15 |
•
Students contributed 538 of the 1800 pages • Issue 5 was dedicated to Dean N.
William Hines, who served the Iowa College of Law as both a professor and
Dean. His tenure as Dean lasted twenty-eight years, from 1976-2004, making
him the longest-serving Dean of a single law school in the United States.
Bill Hines continues to teach Property to first-year students. •
Editor-in-Chief: Daniel M. Buroker |
2004-2005 |
90 |
1990 |
16 |
•
Students contributed 539 of the 1990 pages • Student position titled
Associate Managing Editor created • Editor-in-Chief: Zeb-Michael Curtin |
2005-2006 |
91 |
N/A |
16 |
21
student Notes are slated to appear in Volume 91 • Editor-in-Chief: Patricia
A. Walsh |