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eScholarShare is the open access repository of Drake University that collects, preserves, and distributes materials produced or maintained by the Drake community. The purpose of eScholarShare is to make Drake University’s digital scholarship available to a global audience and to provide reliable digital storage. Journal articles, conference papers, instructional resources, student projects, theses, dissertations, and university archival materials are all candidates for deposit.
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Item APPEAL FROM THE IOWA DISTRICT COURT FOR MARSHALL COUNTY THE HONORABLE DORIAN SMILES, JUDGE(2026)2026 Supreme Court Competition Problem: This year’s scenario presents a pair of issues about the tort claim styled as “malicious prosecution,” alleging violations of Fourth Amendment rights by someone acting under color of law, brought via 42 U.S.C. § 1983. Everyone agrees that such a claim requires the plaintiff to allege and prove that the defendant initiated/continued a prosecution against them without probable cause, and that the prosecution ended without a conviction. But is there an additional required element—some kind of “malice” behind the act on the defendant’s part? And if so, what kind of “malice” must be alleged in the complaint and proven at trial, to satisfy that requirement? Dale Gilbert was arrested on a valid warrant that named his brother, whose name is Juunyur Gilbert. They’re two of four identical quadruplets. About a year earlier, Deputy Brandity had mistakenly arrested Dale on a warrant for yet another Gilbert quadruplet. This time, Dale recognized Brandity from that prior interaction, and told him so. Brandity arrested Dale anyway. But he apparently realized his mistake, sometime before he and Dale arrived at the County Jail—he wrote “Dale Gilbert” on the booking form. By then, he knew (or should have known) that he had no probable cause to believe that the person whom he arrested had committed a crime. But Brandity still filed a criminal complaint that named Dale Gilbert (with copy-pasted allegations of criminal conduct that came from the warrant for Juunyur’s arrest and did not mention Dale at all), and he still held Dale over for an initial appearance before a magistrate. That magistrate, to their credit, quickly determined that there was no probable cause to support the arrest or complaint; they ordered Dale’s release and dismissed the criminal complaint against him. Dale sued Brandity under 42 U.S.C. § 1983, alleging a violation of his Fourth Amendment right to be free from malicious prosecution. The parties agreed that Dale had sufficiently alleged that Brandity filed the complaint and held him over for an initial appearance without probable cause, and that the dismissal/release ended the prosecution in Dale’s favor (thus narrowing the issues presented in this appeal). Brandity moved to dismiss, on the grounds that Dale had not alleged that Brandity acted with malice. Dale resisted; he argued that malice is not an element that he had to allege and prove. But he also argued (in the alternative) that he had alleged facts that would support an inference of malice and satisfy that element, if it was required. The district court granted Brandity’s motion to dismiss. It ruled that malice is an element of the § 1983 claim now, because it was an element of the tort of malicious prosecution at common law. In doing so, it rejected Dale’s argument that this superimposed a common-law requirement that worked at cross-purposes with the Fourth Amendment. The court went on to reject Dale’s argument that he had alleged facts that would support an inference of malice. It noted that many courts have held that malice can be inferred from an obvious lack of probable cause, depending on the circumstances. But it rejected the view that lack of probable cause, standing alone, can be enough—because it would make the “malice” element superfluous, and because it could expose officers to strict liability for arrests/complaints that turn out to lack probable cause. So it dismissed Dale's complaint for failure to state a claim on which relief could be granted.Item Copyright For The Rest Of Us: A Guide For People Who Aren’t Lawyers(Keyser, 2024-01-29)For those who want to teach or learn more about American copyright law, Copyright For The Rest Of Us is the book to use. Eleven chapters, with illustrations, outline concepts such as basic copyright law, where to find it, and how to apply copyright law in many common situations. Each chapter includes a set of scenarios or discussion questions for use on your own or in class. Many chapters, such as “Music and Copyright” can be used on their own. Copyright For The Rest Of Us is licensed under a Creative Commons license, so students or instructors may read, download, or print no charge.Item APPEAL FROM THE IOWA DISTRICT COURT FOR STORY COUNTY THE HONORABLE WAUGHIN JARTH, JUDGE(2025)2025 Supreme Court Competition Problem: Dale Gilbert is an ordinary graduate student, except he is one of four identical quadruplets. One of his brothers, TBD Gilbert, was the subject of an arrest warrant. Dale was arrested on that warrant by a Story County deputy who thought that "TBD" was an alias or a placeholder. The deputy confirmed that Dale's last name and birth date matched the warrant, so he arrested Dale and took him to the Story County Jail. That was around 4:45 p.m. on Friday, December 22. As soon as Dale figured out that they were looking for "TBD Gilbert," he told every deputy within earshot that he was not TBD and that he could prove that TBD Gilbert was a separate person. The four of them used to be in a boy band called 2winz, and their last music video opened with a graphic of each brother's name. That music video was the top search engine result for 2winz (and it still is — seriously, go look). Dale repeatedly asked the deputies who monitored the jail to take a few seconds to access the publicly available proof that Dale Gilbert and TBD Gilbert were two separate people. None of the deputies would do it; they told him that he could say what he needed to say during his appearance before the next available magistrate, as was standard procedure. No magistrates were available over the weekend or on Christmas day. Dale stayed in jail until the morning of December 26, when he had his virtual appearance before the magistrate who issued TBD's arrest warrant. The judge immediately knew that Dale was not TBD. He ordered the Story County deputies to release Dale and apologize for ruining his holiday weekend. Dale sued Story County, alleging that the deputies violated his constitutional rights. He has two claims. His first alleges that they violated his Fourth Amendment right to be free from unreasonable seizures. He argues that, even if the arrest was a reasonable mistake of fact, it stopped being reasonable as he repeatedly told them that he was not TBD and offered readily available proof. It's not clear where this Court should draw the line between a reasonable seizure that arises from ordinary execution of an arrest warrant in good faith, and an unreasonable seizure that even a valid arrest warrant can't salvage. How should a court tell the difference? Dale's second claim alleges that the deputies violated his Fourteenth Amendment guarantee against deprivations of liberty without due process. The U.S. Supreme Court said that a three-day stint in jail in a similar case of mistaken identity didn't establish a due process violation, in Baker v. McCollan. How should this Court apply Baker? And Baker was decided in 1979 — have subsequent cases (or other developments) changed how courts should apply Baker in cases like these? It's up to our intrepid student advocates to try to guide the Court to satisfying answers to those difficult constitutional questions — and they've got just one day to do it.Item The Impact of Taylor Swift’s Eras Tour on County Retail Sales(Drake Management Review, 2024-10)Taylor Swift’s “The Eras Tour” had a large economic influence of United States cities, with football stadiums selling out to tens of thousands of Swifties. This paper analyzes the effects of The Eras Tour on monthly county retail sales. Using data on retail sales from 2021 – 2023 from five different states in which the tour stopped, regressions were run examining how presence of an Eras Tours concert in a county predicted retail sales. The results indicate that counties that hosted Eras Tour concerts had increased retail sales in the month that they hosted concerts.Item Minimum Wages and Employment: Effects of Rising Minimum Wages on Employment of Young Workers in Washington State(Drake Management Review, 2024-10)This paper studies the effects of minimum wage on employment using data from two neighboring US states, Washington, which has increased its minimum wage over time, and Idaho, which has kept it constant. This study attempts to use conventional regressions with recent CPS data over a longer time period to provide additional insights into the effects of minimum wage on young worker employment, looking specifically at workers between the ages of 14 to 30. Using the data from Washington and Idaho, this study finds that recent minimum wage increases in Washington have produced a statistically significant negative effect on employment.
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