CIVIL RIGHTS

The ADA Prima Facie Plaintiff: A Critical Overview of Eighth Circuit Case Law…..47:761

The Admissibility of Victim Impact Statements at Capital Sentencing: Traditional and Nontraditional Perspectives…..50:67

Alexander v. Gardner-Denver Co., 94 S. Ct. 1011 (1974)—Employee’s Statutory Right to a Trial De Novo Under Equal Employment Provisions of Civil Rights Act of 1964 Is Not Foreclosed by Prior Submission of the Claim to Final Arbitration…..24:236

The Americans with Disabilities Act: An End to Discrimination Against HIV/AIDS Patients or Simply Another Loophole to Bypass?…..52:523

Anatomy of a Double Whammy: The Application of Rule 68 Offers and Fee Waivers of Civil Rights Attorneys’ Fees Under Section 1988…..37:103

Bail Bondsmen and Bounty Hunters: Re-Examining the Right to Recapture…..47:877

Barry Scheck Lectures on Wrongful Convictions…..54:597

Bestowing the Key to Public Education: The Effects of Judicial Determinations of the Individuals with Disabilities Education Act on Disabled and Nondisabled Students…..46:855

Board of Directors of Rotary International v. Rotary Club, 107 S. Ct. 1940 (1987)—Infringement on the Constitutional Right to Freedom of Association of the Members of the All Male Rotary International Is Justified Since the State Has a Compelling Interest in Eradicating Discrimination Against Women and in Assuring Them Equal Access to Public Accommodations…..38:157

Bowen v. American Hosp. Ass’n (U.S. Sup. Ct. 1986)—The Secretary of Health and Human Services Is Not Authorized to Dispense with the Focus of Section 504 of the Rehabilitation Act of 1973 to Prevent Discrimination and Instead to Employ Federal Resources to Save the Lives of Handicapped Newborns, Without Regard to Whether They Are Victims of Discrimination by Recipients of Federal Funds…..36:621

Capturing the Dialogue: Free Speech Zones and the “Caging” of First Amendment Rights…..54:949               

A Comment on Family Property Rights and the Proposed 27th Amendment…..22:505

Confessions: What Constitutes a Violation of Due Process of Law?…..4:123

Consolidated Freightways, Inc. v. Cedar Rapids Civil Rights Commission, 366 N.W.2d 522 (Iowa 1985)—Dismissal of an Employee Because of Alcoholism Constitutes Employment Discrimination Under the Iowa Civil Rights Act if the Disease Is Controlled and Does Not Prevent Reasonably Competent and Satisfactory Performance of the Job…..36:189

A Constitutional Balance Between Fair Trials and Free Press…..17:1

Correcting Miscarriages of Justice: The Role of Criminal Cases Review Commission…..52:657

Constitutive Commitments and Roosevelt’s Second Bill of Rights: A Dialogue…..53:205

Convicting the Innocent in Capital Cases: Criteria, Evidence, and Inference…..52:587

Courting Disaster: Looking for Change on the Courts…..54:795

Cruel and Unusual: The Story of Leandro Andrade…..52:1

Customer Service Rules: When a Company Cannot Hire or Retain a Mentally Ill Employee with Severly Limited Interpersonal Skills…..56:59

Cyberspace is Outside the Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection…..59:97

Defining “Sufficiently Serious” in Claims of Cruel and Unusual Punishment…..62:1

DeShaney v. Winnebago County Department of Social Services, 109 S. Ct. 998 (1989)—An Affirmative Duty to Protect Individuals Who Are Not in the State’s Custody from Harm by Private Actors Is Not Imposed on the State by the Fourteenth Amendment’s Due Process Clause; Therefore, a Social Services Agency that Failed to Protect a Child from Severe Beatings by His Father Despite Knowledge of Abuse Allegations and Continuing Agency Contact With the Family Did Not Violate the Child’s Due Process Rights…..39:911

Developing a Consistent Standard for Evaluating a Retaliation Case Under Federal and State Civil Rights Statutes and State Common Law Claims:  An Iowa Model for the Nation…..53:359

An Evaluation of the Proper Standard of Causation in the Dual Motive Title VII Context: A Rejection of the “Same Decision” Standard……35:209

“First Principles” and the Misplacement of the “Wall of Separation”: Too Late in the Day for a Cure?…..52:171

Florida v. Riley, 488 U.S. 445 (1989)—A Police Officer’s Naked-Eye Observation of the Interior of a Partially-Covered Greenhouse from the Vantage Point of a Helicopter Circling at an Altitude of 400 Feet Is Not a “Search” for Which a Warrant Is Required Under the Fourth Amendment…..40:615

Frank v. American Freight Systems, Inc., 398 N.W.2d 797 (Iowa 1987) Employer Had a Legitimate Business Purpose for Applying a Rule Which Precluded the Hiring of Any Applicant Who Had Prior Back Surgery, Where Medical Evidence Showed that There Was a Substantial Likelihood that Persons with Prior Back Problems Would Sustain Future Pain and Disability Due to the Requirements of the Job…..37:559

Graham v. Connor, 490 U.S. 386 (1989)—Claims that Law Enforcement Officials Exercised Excessive Force in the Course of an Arrest, Investigatory Stop, or Other Seizure of a Free Citizen Are Properly Analyzed Under the Fourth Amendment’s Reasonableness Standard, Rather than Under a Substantive Due Process Standard…..40:639

Griggs v. Duke Power Co., 401 U.S. 424 (1971)—Employer Violated Title VIII of Civil Rights Act of 1964 by Requiring High School Education or Passing of Standardized General Intelligence Tests as Condition of Employment or Promotion Where Neither Requirement Was Shown to Be Job-Related…..21:188

Guantánamo, Rasul, and the Twilight of Law…..53:897

Heeding the Lessons of History: The Need for Mandatory Recording of Police Interrogations to Accurately Assess the Reliability and Voluntariness of Confessions…..52:619

Heightened Scrutiny Under the Equal Protection Clause: A Remedy to Discrimination Based on Sexual Orientation…..42:485

Hensley v. Eckerhart (U.S. S. Ct. 1983)—In an Action Brought on the Basis of the Deprivation of Constitutionally Protected Civil Rights, the Extent of a Plaintiff’s Success Is a Crucial Factor in Determining the Proper Amount of an Award of Attorneys’ Fees Under the Civil Rights Attorneys’ Fee Act of 1976, 42 U.S.C. § 1988…..34:241

Hy-vee Food Stores, Inc. v. Iowa Civil Rights Commission, 453 N.W.2d 512 (Iowa 1990)—A Plaintiff Seeking Emotional Distress Damages Under the Iowa Civil Rights Statute Need Not Show the Existence of Physical Injury, Severe Distress, or Outrageous Conduct…..40:415

The Indigent Misdemeanant’s Right to Counsel—An Extension of Gideon v. Wainwright…..18:109

Individual Supervisor Liability Under Title VII and the ADEA…..45:999

Investigation, Discovery, and Disclosure in Criminal Cases: An Iowa Perspective…..52:739

The Iowa Law of Res Judicata and the Enforcement of Constitutional Rights under 42 U.S.C. Section 1983…..37:457

Iron Workers Local 67 v. Hart, 191 N.W.2d 758 (Iowa 1971)—The Iowa Civil Rights Commission May Order Prohibitive and Affirmative Action to Eliminate Discriminatory Practices by Labor Union but May Not Award Compensatory Damages…..22:176

Is Mama a Criminal?—An Analysis of Potential Criminal Liability of HIV-Infected Pregnant Women in the Context of Mandated Drug Therapy…..50:293

Justice Still Fails: A Review of Recent Efforts to Compensate Individuals Who Have Been Unjustly Convicted and Later Exonerated…..52:703

Limiting the Right to Sue: The Civil Rights Dilemma…..33:1

Lawrence Beyond Gay Rights: Taking the Rationality Requirement for Justifying Criminal Statutes Seriously…..53:231

A Look Back at Gideon v. Wainwright After Forty Years: An Examination of the Illusory Sixth Amendment Right to Assitance of Counsel…..52:47

Local No. 93, International Association of Firefighters v. City of Cleveland (U.S. Sup. Ct. 1986)—A Title VII Enforcement Provision Which Precludes a Court from Imposing Certain Forms of Race-Conscious Relief After Trial Which May Benefit Persons Who Were Not the Actual Victims of the Discrimination Does Not Apply to Relief Awarded in a Consent Decree…..36:651

Los Angeles Dept. of Water & Power v. Manhart (U.S. Sup. Ct. 1978)—An Employer’s Requirement that Female Employees Make Larger Contributions to a Pension Fund than Male Employees Based on Statistical Fact that as a Class, Women Live Longer than Men, Violates Sex Discrimination Provisions of Title VII of the Civil Rights Act. However, Due to the Equitable Nature of Title VII Remedies, Retroactive Relief Is Inappropriate…..28:523

Lynch v. City of Des Moines, 454 N.W.2d 827 (Iowa 1990)—Maintaining Sexually Hostile Work Environment Through Sexual Harassment Is a Form of Illegal Sex Discrimination Under Section 601A.6(1)(a) of the Iowa Civil Rights Act…..41:563

Martiner v. Delta Air Lines (N.D. Ill. 1969)—A Civil Action May Be Maintained Against an Airline Carrier Under the Criminal Anti-Discrimination Provisions of the Federal Aviation Act…..20:396

McDonnell Douglas: Alive and Well…..52:383

Multiple Cultures, One Criminal Justice System: The Need for a “Cultural Ombudsman” in the Courtroom…..53:651

The Norris Decision, Its Implications and Application…..32:913

The North Carolina Actual Innocence Commission: Uncommon Perspectives Joined by a Common Cause…..52:647

The Obligation of Appointed Legal Counsel to Represent an Indigent on Appeal…..17:210

Out of Sight, Out of Mind: State Attempts to Banish Sex Offenders…..53:711

Paralying Prisoner Protections: A Look at the International Law and Supreme Court Decisions That Should Be Governing Our Treatment of Guantánamo Detainees…..54:679

Pembaur v. City of Cincinnati, 106 S. Ct. 1292 (1986)—Under the Civil Rights Act, Municipal Liability May Be Imposed for a Single Decision by Municipal Policymakers Under Appropriate Circumstances…..36:465

Philosopher King Courts: Is the Exercise of Higher Law Authority Without a Higher Law Foundation Legitimate?…..54:831

“Policymaker” Identification in a Section 1983 Cause of Action: From Monell to Praprotnik; Problems Remain…..40:149

Preventing Wrongful Convictions—A Current Report from Illinois…..52:605

Prohibiting Adoption by Same-Sex Couples: Is It in the “Best Interest of the Child?”…..49:345

Reprosecution and Fourteenth Amendment Due Process of Law…..16:39

Remarks of the Chief Justice of the United States…..47:201

Roberts v. United States Jaycees (U.S. Sup. Ct. 1984)—State’s Interest in Eradicating Sex Discrimination Justifies Compelling the All Male United States Jaycees to Accept Women as Regular Members and Does Not Abridge the Male Members First Amendment Rights of Association…..35:227

The Role of Courts in Social Change: Looking Forward?…..54:909

A Rose by Any Other Name . . . The Gender Basis of Same-Sex Sexual Harassment…..46:441

Ruse Druge Checkpoints: How the Government’s False Advertising May Diminish Your Fourth Amendment Rights…..53:781

School Vouchers: A Solution to an Educational Crisis or Impermissible Government Involvement in Religion?…..52:821

Some Observations on the Role of Social Change on the Courts…..54:895

The Structure, Operation, and Impact of Wrongful Conviction Inquiries: The Sophonow Inquiry as an Example of the Canadian Experience…..52:677

Student-to-Student Sexual Harassment Under Title IX: The Legal and Practical Issues…..46:789

The Supreme Court’s Improbable Justifications for Restriction of Citizens’ Fourth Amendment Privacy Expectations in Automobiles…..47:833

Three Generations Later and Still No Class: Protecting Americans with Disabilities Under 42 U.S.C. § 1985(3), the Ku Klux Klan Act…..47:537

Title VII Mixed-Motive Cases: The Eighth Circuit Adds a Second Track of Liability and Remedy…..36:155

Us Against Them: The Path to National Security is Paved by Racism…..50:661

Wards Cove Packing Co. v. Atonio, 109 S. Ct. 2115 (1989)—Racial Disparity Between Classes of Workers at Canneries Held Not to Make Out Prima Facie Case of Disparate Impact in Action Under Title VII of Civil Rights Act of 1964…..39:933

Western Air Lines, Inc. v. Criswell (U.S. Sup. Ct 1985)—A Company’s Policy Requiring the Retirement of Certain Employees Under the Age of Seventy for Reasons Allegedly Attributable to Public Safety Must Satisfy the Two-Prong Test Established in Tamiami Before It Can Qualify as a Bona Fide Occupational Qualification Under the Federal Age Discrimination in Employment Act…..36:213

What Does Disability Mean: The Americans With Disabilities Act of 1990 in the Aftermath of Sutton, Murphy, and Albertsons…..48:137

When an Accused Pleads Guilty in a Criminal Case, the Record Must Show that He Entered His Plea Voluntarily, with an Understanding of the Charge and with a Knowledge of the Consequences of His Plea…..19:210

Where Hamdi Meets Moussaoui in the War on Terror…..53:839

Will the Tower Topple? The Future of Morality as a Legitimate State Interest Argument in Homosexual Legal Issues…..53:1063

Wrongfully Convicted: A No-Win Situation for the Victim…..52:695