Reforming the Iowa Civil Justice System, January 30, 2012

Executive Summary I. Survey The Task Force conducted a wide-ranging survey of more than 9,000 licensed Iowa attorneys and judges to obtain their input on a variety of civil justice system topics. The survey results helped inform the Task Force of problem areas in Iowa’s civil justice system. II. Two-Tier Justice System The Task Force recommends a pilot program based on a two-tier civil justice system. A two-tier system would streamline litigation processes—including rules of evidence and discovery disclosures—and reduce litigation costs of certain cases falling below a threshold dollar value. III. One Judge/One Case and Date Certain for Trial Some jurisdictions in Iowa have adopted one judge/one case and date certain for trial in certain cases. The assignment of one judge to each case for the life of the matter and the establishment of dates certain for civil trials could enhance Iowans’ access to the courts, improve judicial management, promote consistency and adherence to deadlines, and reduce discovery excesses. IV. Discovery Processes Reforms addressing inefficient discovery processes will reduce delays in and costs of litigation. Such measures include adopting an aspirational purpose for discovery rules to “secure the just, speedy, and inexpensive determination of every action,” holding discovery proportional to the size and nature of the case, requiring initial disclosures, limiting the number of expert witnesses, and enforcing existing rules. V. Expert Witness Fees The Task Force acknowledges the probable need to revisit the statutory additional daily compensation limit for expert witness fees. Leaving the compensation level to the discretion of the trial court is one potential solution. VI. Jurors Additions to the standard juror questionnaire would provide a better understanding of the potential jurors’ backgrounds and suitability for jury service. The Task Force encourages adoption of more modern juror educational materials and video. Rehabilitation of prospective jurors who express an unwillingness or inability to be fair should include a presumption of dismissal. VII. Video and Teleconferencing Options When court resources are constrained both by limited numbers of personnel and budget cuts, it is logical to look to video and teleconferencing technology to streamline the court process and reduce costs. The judicial branch should embrace technological developments in ways that will not compromise the fairness, dignity, solemnity, and decorum of judicial proceedings. VIII. Court-Annexed Alternative Dispute Resolution(ADR) Litigants and practitioners in Iowa are generally satisfied with the current use of private, voluntary ADR for civil cases. There is concern, however, that maintaining the status quo may have steep future costs. Court-annexed ADR is an important aspect of any justice system reform effort, and the Task Force perceives benefits and detriments to reforming this aspect of the Iowa civil justice system. IX. Relaxed Requirement of Findings of Fact and Conclusions of Law A rule authorizing parties to waive findings of fact and conclusions of law could expedite resolution of nonjury civil cases. X. Business (Specialty) Courts Specialty business courts have achieved widespread support across the country. In addition, specialty courts provide excellent vehicles for implementing or piloting other court innovations that may be useful in a broader court system context. A business specialty court should be and could be piloted in Iowa within the existing court system framework of the Iowa Judicial Branch. Appendix included as a separate document, is 176 pages.

Concrete Pavement Mixture Design and Analysis (MDA): Application of a Portable X-Ray Fluorescence Technique to Assess Concrete Mix Proportions , TPF-5(205), 2012

Any transportation infrastructure system is inherently concerned with durability and performance issues. The proportioning and uniformity control of concrete mixtures are critical factors that directly affect the longevity and performance of the portland cement concrete pavement systems. At present, the only means available to monitor mix proportions of any given batch are to track batch tickets created at the batch plant. However, this does not take into account potential errors in loading materials into storage silos, calibration errors, and addition of water after dispatch. Therefore, there is a need for a rapid, cost-effective, and reliable field test that estimates the proportions of as-delivered concrete mixtures. In addition, performance based specifications will be more easily implemented if there is a way to readily demonstrate whether any given batch is similar to the proportions already accepted based on laboratory performance testing. The goal of the present research project is to investigate the potential use of a portable x-ray fluorescence (XRF) technique to assess the proportions of concrete mixtures as they are delivered. Tests were conducted on the raw materials, paste and mortar samples using a portable XRF device. There is a reasonable correlation between the actual and calculated mix proportions of the paste samples, but data on mortar samples was less reliable.

Evaluation of Carbonate Aggregate Using X-Ray Analysis, HR-266, 1989

Iowa has more than 13,000 miles of portland cement concrete (PCC) pavement. Some pavements have performed well for over 50 years, while others have been removed or overlaid due to the premature deterioration of joints and cracks. Some of the premature deterioration is classical D-cracking, which is attributed to a critically saturated aggregate pore system (freeze-thaw damage). However, some of the premature deterioration is related to adverse chemical reactivity involving carbonate coarse aggregate. The objective of this paper is to demonstrate the value of a chemical analysis of carbonate aggregate using X-ray equipment to identify good or poor quality. At least 1.5% dolomite is necessary in a carbonate aggregate to produce a discernible dolomite peak. The shift of the maximum-intensity X-ray diffraction dolomite d-spacing can be used to predict poor performance of a carbonate aggregate in PCC. A limestone aggregate with a low percentage of strontium (less than 0.013) and phosphorus (less than 0.010) would be expected to give good performance in PCC pavement. Poor performance in PCC pavement is expected from limestone aggregates with higher percentages (above 0.05) of strontium.

Effect of CA-Montmorillonite Expansion on X-Ray Diffraction Intensities, Progress Report, HR-111, 1966

The most abundant clay mineral group in Iowa soils is montmorillonite, most commonly calcium-saturated (Hanway et al, 1960). The calcium montmorillonite-water system was therefore selected for detailed X-ray study. Montmorillonite is unusual among minerals in that it has an expanding lattice in the c direction. That is, upon wetting with water, the individual silicate layers separate to allow entry of water, and the mineral expands. Characteristics of this expansion are readily studied by means of X-ray diffraction: the X-ray diffraction angle gives the average layer-to-layer "d001" spacing for any given moisture condition; the sharpness of the diffraction peak is a measure of uniformity of the d001 spacing; and the intensity of the peak relates to uniformity of the d001 spacing and in addition to the electron density distribution within the repeating elements. The latter is embodied in the "structure factor".