CONSTITUTIONAL LAW

Additur in Iowa…..15:23

Advertising to Children and the Commercial Speech Doctrine: Political and Constitutional Limitations…..58:67

The Affordable Care Act and American Constitutional Development…..62:1079

Age Discrimination in Employment and the Benefit Plan Defense: Trends in the Federal and Iowa Courts…..30:617

Alleging a First Amendment “Chilling Effect” to Create a Plaintiff’s Standing: A Practical Approach…..43:175

American Motorcycle Ass’n v. Davids, 158 N.W.2d 72 (Mich. 1968)—Statutes Which Require an Individual to Take Measures for the Protection of His Own Physical Well-Being May Not Be Proper…..18:124

Another Case in Lochner’s Legacy, the Court’s Assault on New Property: The Right to the Mandatory Enforcement of a Restraining Order Is a “Sham,” “Nullity,” and “Cruel Deception”…..54:321

An Announce Clause by Any Other Name: The Unconstitutionality of Disciplining Judges Who Fail to Disqualify Themselves for Exercising Their Freedom to Speak……55:723

Appropriating Public Funds for Private School Instructional Aids and Materials Developments in Judicial Neutrality Between Church and State…..48:605

Architecting Innovation…..49:397

Are FmHA Loan Entitlements Protected by the Due Process Clause?…..34:389

Arrest Without Warrant in Iowa……19:441

Assisted Living for the Constitution…..59:985

Baker v. Nelson, 191 N.W.2d 185 (Minn. 1971)—Minnesota Marriage Statute Does Not Permit Marriage Between Two Persons of the Same Sex and Does Not Violate Constitutionally Protected Rights…..22:206

Baltimore City Department of Social Services v. Bouknight, 493 U.S. 549 (1990)—A Natural Mother Who Is the Physical Custodian of Her Infant Child Pursuant to a Court Order May Not Invoke the Fifth Amendment Privilege Against Self-Incrimination to Resist a Court Order to Produce the Child…..41:215

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

Batson v. Kentucky (U.S. Sup. Ct. 1986)—It Is a Violation of the Equal Protection Clause for a Prosecutor to Use Peremptory Challenges to Remove Black Jurors from the Venire Solely on the Basis of Their Race or on the Assumption that Black Jurors Will Be Unable to Impartially Consider a Case Against a Black Defendant…..36:635

Before a Bill Becomes a Law—Constitutional Form…..8:66

Behind the Scenes in Iowa’s Greatest Case: What Isn’t in the Official Record of Tinker v. Des Moines Independent Community School District…..48:473

Bethel School District v. Fraser (U.S. Sup. Ct. 1986)—A School District May Impose Sanctions upon a Student in Response to His Offensively Lewd and Indecent Speech Without Violating His Rights, and a School Disciplinary Rule Proscribing Obscene Language and Admonitions of Teachers Are Adequate Warnings Pursuant to Student’s Due Process Rights…..36:643

Between Scylla and Charybdis: Can the Supreme Court Rescue the Inimical Qualified Immunity Doctrine…..43:681

Beyond the Schoolhouse Gates: Do Students Shed Their Constitutional Rights When Communicating to a Cyber-Audience?…..48:587

Board of Education v. Dowell, 111 S. Ct. 630 (1991)—Dissolution of Desegregation Decree Is Proper if School Board Shows Good Faith Compliance and Elimination of Vestiges of Past De Jure Discrimination…..41:379

Board of Supervisors of Cerro Gordo County v. Miller (Iowa 1969)—Amortization of Nonconforming Use Over a Reasonable Period of Time Does Not Necessarily Deprive a Property Owner of Due Process of Law…..19:508

Boddie Slam: Questioning the Constitutionality of the Financial Burden of Marriage Dissolution with Incarcerated Defendants in Iowa Courts…..62:1099

Bowen v. Kendrick, 108 S. Ct. 2562 (1988)—Adolescent Family Life Act Upheld as Facially Valid After a First Amendment Constitutional Attack on the Right of Religious Organizations to Receive Federal Funding to Counsel and Teach Adolescents…..39:783

Buncombe, Broadcasters and the First Amendment…..38:1

Bureaucracy and the Right to Counsel…..37:639

Bierkamp v. Rogers (Iowa 1980)—Section 321.494 of the Iowa Code Violates the Equal Protection Clause of the Iowa Constitution Because the Classifications Created by the Guest Statute Are Not Substantially and Rationally Related to the State Purposes of Fostering Hospitality and Preventing Collusive Recoveries Against Insurance Companies…..29:833

Blood Alcohol Tests and the Fourth and Fifth Amendments…..17:231

Break on Through: The Other Side of Varnum and the Constitutionality of Constitutional Amendments…..59:1225

Breed v. Jones (U.S. 1975)—Double Jeopardy Clause Forbids Adult Trial of Youth Who Has Already Been Placed in Jeopardy by Juvenile Court Proceedings that Determined Youth Committed Criminal Acts and Is Unsuitable for Care and Treatment within the Juvenile Court System…..25:503

Brown v. Illinois (U.S. 1975)—Giving of Miranda Warnings Does Not Per Se Purge the Taint of an Unlawful Arrest and Render Post Arrest Statements Admissible…..25:513

Brown v. Merlo (Cal. 1973)—California Guest Statute Unconstitutional Denial of Equal Protection…..23:216

Bullock v. Carter, 405 U.S. 134 (1972)—A Primary Election Filing Fee System Under Which Candidates Bear the Cost of Conducting the Primary Elections and Which Provides for No Reasonable Alternative Means of Access to the Ballot, Violates the Equal Protection Clause of the Fourteenth Amendment…..22:664

But We Were Born Free: The Racial and Sexual Quota as a Constitutional Bill of Attainder…..32:37

California v. Greenwood, 486 U.S. 35 (1988)—The Fourth Amendment Does Not Prohibit Warrantless Searches and Seizures of Garbage Containers Left at the Curb of a House…..39:775

Can We Make the Constitution More Democratic…..55:971

Caplin & Drysdale, Chartered v. United States, 109 S. Ct. 2646 (1989)—Assets a Defendant Transfers to an Attorney for Legal Services Are Not Exempt from the Comprehensive Forfeiture Act; Restraint and Subsequent Forfeiture of Assets Under the Comprehensive Forfeiture Act Do Not Violate the Defendant’s Fifth or Sixth Amendment Rights…..40:183

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

Catholic Charities v. Zulesky (Iowa 1975)—Iowa Code Sections 238.26 to 238.28 and 600.3 Comport with the Constitutional Requirements Regarding Equal Protection and Procedural Due Process Concerning the Rights of the Putative Father in an Adoption Proceeding…..25:497

City of Richmond v. J.A. Croson Co., 109 S. Ct. 706 (1989)—Race-Conscious Remedies Enacted by States and Their Local Subdivisions Are Subject to a Strict Scrutiny Standard of Equal Protection Review Under Which a Strong Basis in Evidence Must Demonstrate the Need for Racial Classifications in Eliminating the Effects of Identified Prior Discrimination in the Locality…..39:233

Civil Commitment of the “Mentally Ill”—Constitutional Questions…..24:213

Cleveland Board of Education v. LaFleur, 414 U.S. 632 (1974)—Mandatory Maternity Leave Termination and Return Provisions of School Boards Violate the Due Process Clause of the Fourteenth Amendment…..23:690

Colling v. Hjelle, 125 N.W.2d 453 (N.D. 1963)—Does Acquittal of a Criminal Charge of Operating a Motor Vehicle while Intoxicated Preclude Administrative Revocation or Denial of Accused’s Driving Privileges for Refusal to Submit to a Chemical Test to Determine the Alcoholic Content of His Blood?…..14:73

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

Commercial Speech: A Historical Overview of Its First Amendment Protections and an Analysis of Its Future Constitutional Safeguards…..38:59

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

The Conflict of Visions in NFIB v. Sebelius…..62:937

Congressional Enforcement of the Rights of Citizenship…..56:1015

Constitution and Criminal Punishment: The Emerging Visions of Justices Scalia and Thomas…..43:593

The Constitution Outside the Courts…..51:775

A Constitutional and Statutory Assessment of Civil Forfeiture of an Intoxicated Driver’s Vehicle: Should Iowa Follow the “Get-Tough” Approach?…..49:641

Constitutional Adjudication and the Supreme Court…..9:59

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

Constitutional Cadenzas…..56:833

Constitutional Developments in Afghanistan: A Comparative and Historical Perspective…..53:943

Constitutional Remedies and the Morality of Governmental Action: A Response to Garvey…..47:19

Constitutional Rights of High School Students…..23:403

Constitutionalism and the Extreme Poor: Neo-Dred Scott and the Contemporary Constitutionalism, Authoritarianism, and Imperialism in Iraq…..53:923

The Constitutionality of Department of Defense Press Restrictions on Wartime Correspondents Covering the Persian Gulf War…..41:511

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

Contextualizing the Debate Between Originalism and the Living Constitution…..59:961

Control Freaks…..47:1

Corporal Punishment: For School Children Only…..27:137

County of Riverside v. McLaughlin, 111 S. Ct. 1661 (1991)—Determinations of Probable Cause After a Warrantless Arrest Made as Soon as Reasonably Possible, but No Later than Forty-Eight Hours After Arrest, Are Constitutional Under the Fourth Amendment…..42:687

Courting Disaster: Looking for Change in All the Wrong Places…..54:795

Coy v. Iowa, 108 S. Ct. 2798 (1988)—The Sixth Amendment Confrontation Right of a Criminal Defendant Charged with Lascivious Acts with Children Is Violated by Placing a Screen in the Courtroom Which Blocked the Defendant from the View of Testifying Victims…..38:147

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

Davis v. Scherer (U.S. Sup. Ct. 1984)—Public Official Will Use Qualified Immunity Where the Constitutional Rights Were Clearly Established at the Time of the Violation but Not for Violation of a statute or Regulation Unless the Statute or Regulation Itself Creates the Protected Right…..34:873

Defenses to the Preclusive Rule of Wainwright v. Sykes…..28:571

The Demise of Affirmative Action and the Effect on Higher Education Admissions: A Chilling Effect or Much Ado About Nothing?…..48:567

Democracy and the Living Tree Constitution…..59:1001

Department of Mental Hygiene v. Kirshner, 60 Cal. 2d 716, 36 Cal. Rptr. 488, 388 P.2d 720 (1964)—May a State Compel a Relative to Support a Mentally Ill Person Confined in a State Mental Institution?…..14:141

Des Moines Pre-Trial Release Project 1964-65…..14:98

A Devilish Look at the Confirmation Process (With Apologies to C.S. Lewis)…..50:369

The Disguised Witness and Crawford’s Uneasy Tension with Craig: Bringing Uniformity to the Supreme Court’s Confrontation Jurisprudence…..58:481

DNA Dragnets—A Constitutional Catch?…..54:15

Do the United States Sentencing Guidelines Deprive Defendants of Due Process?…..37:377

Do We Have a Living Constitution?…..59:973

Does the National Collegiate Athletic Association’s Drug Testing Program Test Positive if It Is Subjected to Constitutional Scrutiny?…..37:83

Drug Testing and the Fourth Amendment: What Happened to Individualized Suspicion?…..46:149

Due Process of Law for Lawyers Who Criticize Judges…..38:75

Edmonson v. Leesville Concrete Co., 111 S. Ct. 2077 (1991)—A Private Civil Litigant’s Use of Peremptory Challenges to Exclude Jurors Based on Race Violates the Equal Protection Rights of the Challenged Jurors…..42:299

Edwards v. Aguillard, 107 S. Ct. 2573 (1987)—The Louisiana Balanced Treatment Act, Which Forbids Teaching the Theory of Evolution in Public Elementary and Secondary Schools Unless It Is Accompanied by Instruction in the Theory of Creation Science, Violates the Establishment Clause of the First Amendment to the United States Constitution…..37:753

Electronic Indency; Protecting Children in the Wake of the Cable and Internet Cases…..46:1

The Equal Pay Act of 1963: A Practical Analysis…..24:570

Equal Protection During the 1984 Term: Revitalized Rational Basis Examination in the Economic Sphere…..36:25

Equal Protection Versus Equal Rights Amendment—Where Are We Now?…..24:259

Everything You Always Wanted to Know About Pornographer Liability (But Were Afraid to Ask)…..46:233

The Exclusionary Rule: A Case Study in Judicial Usurpation…..34:33

F.C.C. v. Pacifica Foundation (U.S. 1978)—The Federal Communications Commission May Impose Sanctions on Broadcasters for the Presentation of Indecent Language Without Violating the Statutory Prohibition of Censorship or the First Amendment…..28:745

Federal Courts as Constitutional Laboratories: The Rat’s Point of View…..57:135

Federal Energy Regulatory Commission v. Mississippi (U.S. 1982)—It Is Not a Violation of the Tenth Amendment for Congress to Impose Standards to Be Applied by State Regulatory Agencies in the Regulation of Private Conduct in a Preemptible Field…..33:195

Federal Land Bank v. Bott, 240 Kan. 624, 732 P.2d 710 (1987)—Kansas Family Farm Rehabilitation Act, Which Stays the Enforcement of Certain Judgments Against Agricultural Property and Provides for Redemption of that Property in Certain Circumstances, Violates the Contract Clause of the United States Constitution…..38:705

The Federal Standard of Search and Seizure…..13:65

Federal Tax Liens, Their Priority and Enforcement…..10:3

First Amendment Protection from Mandatory Subsidization of Political Speech in Public Colleges and Universities: The Marketplace Just Got a Lot Less Expensive…..48:359

First English Evangelical Lutheran Church v. County of Los Angeles, 107 S. Ct. 2378 (1987)—Just Compensation Clause of the Fifth Amendment Requires Compensation Where the Government’s Activities Have Already Worked a Taking of All Use of Property and No Subsequent Action of the Government Can Relieve It of the Duty to Provide Compensation for the Period During Which the Taking Was Effective…..38:691

First National Bank of Boston v. Bellotti (U.S. Sup. Ct. 1978)—Statutory Prohibitions of Contributions or Expenditures of Corporate Funds to Influence Voters Held to Be Unconstitutional Abridgement of Political Expression Under First Amendment…..28:718

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

Florida v. Bostick, 111 S. Ct. 2382 (1991)—Random Bus Searches Conducted Pursuant to a Passenger’s Consent Are Not Per Se Unconstitutional Violations of the Fourth Amendment Search and Seizure Clause…..41:575

Foreword: The Forgotten Constitutional Amendments…..55:597

Foreword: The Legacy of Republican Party of Minnesota v. White: Judicial Independence, Judicial Selection, and the First Amendment in the Post-White Era…..55:597

Forgetting the Lessons of History: The Evolution of Creationism and Current Trends to Restrict the Teaching of Evolution in Public Schools…..49:125

The Fourteenth Amendment: Recalling What the Court Forgot…..56:911

Fourth Amendment Standing After Katz, Iowa Cases Analyzed…..40:603

Forsyth County v. Nationalist Movement, 112 S. Ct. 2395 (1992)…..43:753

Free Speech for Judges and Fair Appeals for Litigants: Judicial Recusal in a Post-White World…..55:691

“The Free Use of Our Faculties”: Thomas Jefferson, Cyberspace, and the Language of Social Life…..49:407

The Freedom of Information Act: A Branch Across the Moat?…..22:570

Freedom To and Freedom From: A Response to Garvey and Armacost with a Tinge of Legal Perfectionism…..47:65

Georgia v. McCollum, 112 S. Ct. 2348 (1992)…..43:219

Gertz v. Robert Welch, Inc. (U.S. 1974)—Newspaper or Broadcaster that Publishes Defamatory Falsehoods about Individual Who Is Neither Public Official nor Public Figure May Not Claim Constitutional Privilege Against Liability for Injury Inflicted by Those Statements…..24:464

The Golden Mean Between Kurt & Dan: A Moderate Reading of the Ninth Amendment…..56:897

Goldwater v. Carter (U.S. Sup. Ct. 1979)—Whether the President May Terminate a Mutual Defense Treaty Without Congressional Approval Under the Constitution Is a Non-Justiciable Political Question (Plurality)…..29:659

Good God, Garvey! The Inevitably and Impossibility of a Religious Justification of Free Exercise Exemptions…..47:35

The Government’s Ten Commandments: Pleasant Grove City v. Summum and the Government Speech Doctrine…..58:1

The Great Society and the Constitution of Opportunity…..62:1017

Greer v. Spock (U.S. 1976)—A Military Reservation’s Regulations Banning Speeches and Demonstrations of a Partisan Political Nature and Banning Distribution of Literature Without Prior Approval of Post Headquarters Are Not Facially Unconstitutional Since It Is Not the Function of the Installation to Provide a Public Forum and Since the Commanding Officer Has the Power to Exclude Civilians from the Area of His Command; Nor Are the Regulations Unconstitutionally Applied Since the Military Authorities Did Not Discriminate Among Candidates and Since the Commander Can Withhold Approval of Distribution of Literature Only if He Perceives It as Clearly Endangering the Loyalty, Discipline, or Morale of His Troops…..26:454

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

Guilty Pleas in the Northern Midwest…..25:360

Hammer v. Beneficial Finance Co. (Bankr. N.D. Iowa 1981)—Application of the Lien Avoidance Provision of the Bankruptcy Reform Act to Nonpossessory, Nonpurchase-Money Security Interests Created Prior to the Enactment of the Act Constitutes a Taking in Violation of the Fifth Amendment…..31:240

Hazelwood School Dist. v. Kuhlmeier, 108 S. Ct. 562 (1988)—The First Amendment Permits Speech in a School-Sponsored Newspaper to Be Restrained or Prohibited by the School if There Is a Substantial and Reasonable Basis for the Action Taken…..38:137

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

Highway Noise: To Compensate or Not to Compensate…..30:145

H.L. v. Matheson (U.S. Sup. Ct. 1981)—A State Statute, Which Requires Physicians to Notify the Parents of Immature and Unemancipated Minors Before Performing an Abortion, Does Not Violate the Minors’ Fundamental Right to Have an Abortion…..31:476

Hodel v. Indiana (U.S. Sup. Ct. 1981)—The “Prime Farmland” Provisions of the Surface Mine Control and Reclamation Act of 1977, Environmentally Protect “Prime Farmland” from Strip Mining, and Have Been Interpreted Not to Be Violative of the Commerce Clause, the Fifth or the Tenth Amendments…..31:461

Hog Wild: A Look at the Issue of Meatpacker Ownership of Livestock at the Federal and State Level…..52:793

Holt v. Sarver (E.D. Ark. 1970)—Conditions and Practices of the Arkansas Prison System Constitute Cruel and Unusual Punishment Prohibited by the Eighth Amendment of the Constitution of the United States…..20:188

How the United States Constitution Contributes to the Democratic Deficit in America…..55:859

Howard v. Des Moines Register and Tribune Co. (Iowa 1979)—Under the First Amendment, a Newspaper Cannot Be Held Liable for Invasion of Privacy When It Accurately Publishes the Name of a Victim of Involuntary Sterilization, Obtained from Documents Defined as Public Records Under a “Freedom of Information” Act, as Part of an Investigative Article Documenting Patient Abuses and Mismanagement at a County Home…..29:451

Hudson v. McMillian, 112 S. Ct. 995 (1992)…..43:765

Hunter v. Auger (8th Cir. 1982)—The Strip Search of a Visitor to a Penal Institution Is Unreasonable Under the Fourth Amendment Unless There Exists Reasonable Articulated Grounds to Suspect that Individual of Attempting to Smuggle Drugs of Other Contraband…..32:239

The Hydraulics of Constitutional Reform: A Skeptical Response to Our Undemocratic Constitution…..55:925

I-Commerce: Tocqueville, the Internet, and the Legalized Self…..49:427

Illinois Citizens Committee for Broadcasting v. Federal Communications Commission (D.C. Cir. 1975)—Court Upholds the Activities of the Federal Communications Commission in Curtailing Sex-Oriented Talk Show on Radio…..25:257

Immunities as Easements as “Takings”: Bormann v. Board of Supervisors…..48:53

Impacts of White…..55:625

Implementation of Constitutional Home Rule in Iowa (Survey of Iowa Law)…..22:294

Independent State Grounds for Freedom of Speech and of the Press:   Article 1, Section 7 of the Iowa Constitution…..38:9

International Society for Krishna Consciousness, Inc. v. Lee, 112 S. Ct. 2701 (1992)…..43:727

Iowa Citizen/Labor Energy Coalition, Inc. v. Iowa State Commerce Commission (Iowa 1983)—Notices of Utility Shutoffs Need Not Meet Due Process Standards Where Rules Promulgated by the Iowa State Commerce Commission Do Not Create a State Action by Utility Companies…..33:459

Iowa Stamps on Drugs: A Constitutional Analysis of Iowa Code Chapter 453B…..44:81

Iowa’s Mortgage Moratorium Statute: A Constitutional Analysis…..33:303

The Irrelevance of the Constitution: The First Amendment’s Freedom of Speech and Freedom of Press Clauses…..29:1

Item Veto Amendment to the Iowa Constitution…..18:245

Jackson v. Statler Foundation, 496 F.2d 623 (2d Cir. 1974)—Granting of State Tax Exemptions to Private Charitable Foundation Held Sufficient to Establish State Action Under the Equal Protection Clause of the Fourteenth Amendment…..24:425

Janet G. v. New York Foundling Hosp. (N.Y. Fam. Ct. 1978)—The State Cannot Use the Newly-Won Constitutional Rights of Minors to Limit Its Parens Patriae Obligation to Insure that a Surrender of a Child for Adoption by a Minor Mother Is Knowing, Voluntary and Informed…..28:211

Juror Bias Undiscovered During Voir Dire: Legal Standards for Reviewing Claims of a Denial of the Constitutional Right to an Impartial Jury…..39:201

Justice Delayed—Justice Denied? The Right to a Speedy Trial in Iowa…..26:159

Juvenile Curfew Laws: Is There a Standard…..45:749

Keeping the Constitution Inside the Schoolhouse Gate: Students’ Rights Thirty Years After Tinker v. Des Moines Independent Community School District…..48:445

Keever v. Bainter, 186 N.W.2d 133 (Iowa 1971)—Delay of Trial Due to Improper Notice and Conflicting Reports of Defendant’s Competency to Stand Trial Is Not a Denial of Defendant’s Right to a Speedy Trial…..21:345

Kenney v. Haugh (Iowa 1968)—Iowa Supreme Court Refuses to Apply Retroactively a United States Supreme Court Decision Holding a Clerk’s Transcript Appeal Unconstitutional…..18:285

Kraft General Foods, Inc. v. Iowa Department of Revenue & Finance, 112 S. Ct. 2365 (1992)…..43:489

The Lack of Due Process in Revocations of Bench Parole in Iowa, A Dialogue…..15:35

The Law of Defamation: A Primer for the Iowa Practitioner…..44:639

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

LBJ and the Great Society: Preludes to the Obama Presidency and Obamacare…..62:919

Leaving Bakke…..51:715

The Legal Foundations for State Laws Granting Labor Unions Access to Employer Property…..62:689

Legislating Surrogate Parenting Arrangements in Iowa: The Aftereffects of the “Baby-M” Decision…..38:103

Living in a Party World: Respecting the Role of Third Party and Independent Candidates in the Equal Protection Analysis of Ballot Access Cases…..56:217

Living With Miranda: A Reply to Professor Grano…..43:127

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

Loper v. Beto, 405 U.S. 473 (1972)—The Use of Uncounseled Prior Convictions to Impeach Defendant’s Credibility Deprives Defendant of Due Process of Law Where Such Use Might Influence the Outcome of the Case…..22:398

Los Angeles Dept. of Water and 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

Lunday v. Vogelmann, 213 N.W.2d 904 (Iowa 1973)—The Sixty Day Notice of Claim Statute Applicable to Tort Actions Against Municipalities Does Not Violate the Equal Protection Clause of the Fourteenth Amendment…..23:696

Lyng v. Northwest Indian Cemetery Protective Association, 108 S. Ct. 1319 (1988)—Federal Land Use Decision that Is Not an Outright Prohibition, Coercion, or Penalty on the Practice of a Religion Does Not Burden the Faith in a Manner that Violates the Free Exercise Clause…..55:953

The Many Uses of Federalism…..34:389

Marsh v. Chambers (U.S. 1983)—The Practice by the Nebraska Legislature of Using Public Funds to Pay a Chaplain to Present an Invocation at the Opening of Each Legislative Session Does Not Violate the First Amendment Establishment Clause…..33:963

McGinnis v. Royster, 93 S. Ct. 1055 (U.S. 1973)—Denial of Good Time Credit to Prisoners for Pre-Sentence Jail Time Against Minimum Parole Dates Does Not Constitute a Violation of Equal Protection…..23:458

Metropolitan Life Insurance Co. v. Ward, 470 U.S. 869 (1985)—An Alabama Domestic Preference Tax Statute that Taxes Out-of-State Insurance Companies at a Rate Higher than Domestic Insurance Companies Violates the Equal Protection Clause of the United States Constitution…..35:921

Michigan v. Jackson, 106 S. Ct. 1404 (1986)—The Edwards Rule Applies to Sixth Amendment Claims When the Accused Has Been Formally Charged with a Crime and Has Explicitly Expressed His Right to Counsel…..37:153

The Milkovich v. Lorain Journal Co., 110 S. Ct. 2695 (1990)—First Amendment Does Not Prohibit Application of State Libel Law to Statements of Opinion Involving Private Figures and Relating to Matters of Public Concern that Contain Provably False Factual Connotations…..41:371

Missouri v. Jenkins, 110 S. Ct. 1651 (1990)—Principles of Comity Prohibit Federal Courts from Directly Imposing State Tax Levy Increases. Federal Courts Have the Authority, However, to Order School Districts to Levy Taxes in Excess of Limits Set by State Law to Fund Court-Ordered Desegregation Plans…..41:223

Missouri v. National Organization for Women, Inc., 620 F.2d 1301 (8th Cir. 1980)—The Sherman Act Is Inapplicable to a Politically Motivated but Economically Tooled Boycott Where Anticompetitive Methods Abut the First Amendment Right to Petition the Government…..30:383

Mistretta v. United States, 109 S. Ct. 647 (1989)—The Sentencing Reform Act of 1984, Establishing the Sentencing Commission, Does Not Violate Either the Constitutional Doctrines of Nondelegation or Separation of Powers…..39:797

Moore v. City of East Cleveland, 431 U.S. 494 (1977)—A Zoning Ordinance Which Places Limits on Which Members of an Extended Family May Live Together in a Single Family Dwelling Infringes on a Protected Family Interest Has Only a Marginal Relationship to Permissible Zoning Objectives and Thereby Violates Due Process Requirements…..27:565

Moran v. Burbine, 106 S. Ct. 1135 (1986)—Failure of Police to Inform a Defendant of the Efforts of an Attorney to Reach Him Does Not Deprive the Defendant of His Right to Counsel or Invalidate His Waiver of His Miranda Rights…..36:443

More Democracy, Less Constitution…..55:899

Movement and Countermovement (Remarks of Harry A. Blackmun)…..38:747

Mr. Justice Miller’s Clause: The Privileges or Immunities of Citizens of the United States Internationally…..56:1051

Mueller v. Allen (8th Cir. 1982)—A Minnesota Statute Authorizing a Limited Income Tax Deduction for Certain School-Related Expenses Including Transportation, Textbooks and Tuition Is Constitutional Where All Taxpayers Are Eligible for Tax Benefits…..32:819

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

Municipal Lifeguards: The Constitutionality of Condemning and Refinancing Underwater Mortgages…..62:243

The Natural Rights Clause of the Iowa Constitution: When the Law Sits Too Tight…..42:593

Neutral Laws, Incidental Effects, and the Regulation of Religion and Speech…..40:255

New Jersey v. T.L.O. (U.S. Sup. Ct. 1985)—School Officials in Carrying Out Searches Act as Representatives of the State and Are Subject to the Limits of the Fourth Amendment Which Requires that a Search of a Student Be Reasonable Under All the Circumstances of the Search…..35:463

Nix v. Williams (U.S. 1984)—Under the Inevitable Discovery Doctrine, the Prosecution May Submit “Tainted Evidence” If It Can Establish by a Preponderance of the Evidence that the Information Ultimately or Inevitably Would Have Been Discovered by Lawful Means…..34:863

None of the Laws but One…..62:1055

Northern States Power Co. v. Minnesota, 447 F.2d 1143 (8th Cir. 1971)—The United States Government Has the Sole Authority, Under the Doctrine of Implied Pre-emption, to Regulate Radioactive Discharges from Nuclear Power Plants…..22:194

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

Observing the Separation of Powers: The President’s War Power Necessarily Remains “the Power to Wage War Successfully”…..53:851

An Opportunity for Leadership Lost…..55:611

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

Paul v. Davis (U.S. 1976)—The Designation of an Individual as an “Active Shoplifter” by Police Officials When that Individual Had Been Arrested but Never Convicted on Such a Charge Was Insufficient to Establish any Fourteenth Amendment “Liberty” Interest Under Procedural Due Process Standards…..26:45

Payne v. Tennessee, 111 S. Ct. 2597 (1991)—During the Sentencing Phase of a Capital Murder Trial, Evidence Presented to a Jury Regarding the Personal Characteristics of the Victims and the Emotional Impact of the Crime on Their Family Does Not Violate a Defendant’s Eighth Amendment Rights…..42:313

The Pen Register…..20:108

Permit Schemes: Under Current Jurisprudence, What Permits Are Permitted…..56:381

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

Planned Parenthood v. Danforth (U.S. 1976)—A State May Constitutionally Regulate the Abortion Decision During the First Trimester of Pregnancy If It Can Show that the Regulation Is Necessary to Protect a Compelling State Interest and the Regulation, as Applied, Does Not Unnecessarily Burden the Woman’s Right to Privacy…..26:716

Plurality, Autonomy, and the Right to Take One’s Life…..47:87

The Practical Perils of an Original Intent-Based Judicial Philosophy: Originalism and the Church-State Test Case…..42:343

Prior Restraint: A Rational Doctrine or an Elusive Compendium of Hackneyed Cliches?…..36:265

Prison Reimbursement Statutes: The Trend Toward Requriing Inmates to Pay Their Own Way…..44:325

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

Protecting the Confidentiality of Blood Donors’ Identities in AIDS Litigation…..37:343

PruneYard v. Robins, 100 S. Ct. 2035 (1980)—A State Created Right to Petition Upon Private Property Does Not Violate the Property Owner’s Fifth and Fourteenth or First and Fourteenth Amendment Rights…..30:422

“Public Use” for Purposes of Eminent Domain in Iowa…..13:95

The Pulse of Life in Justice Brennan’s Jurisprudence…..46:#1:i

Recent Developments in Sexual Preference Law…..30:311

Rediscovering the Iowa Constitution: The Role of the Courts Under the Silver Bullet…..37:33

Reflections of a Participant on American Democracy and the Constitution…..55:887

The Religion Clauses and Freedom of Speech in Australia and the United States: Incidental Restrictions and Generally Applicable Laws…..46:53

Religion, Graduation, and the First Amendment: A Threat or a Shadow?…..35:323

Remarks of the Honorable Associate Justice Supreme Court of the United States: Reflections of a Junior Justice…..54:7

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

Resisting Unlawful Arrests: Inviting Anarchy or Protecting Individual Freedom?…..46:383

Responding to Attacks on Affirmative Action…..51:753

Response to Professor Garvey…..47:105

Restoring Competency: Does the State Have the Right to Force Anti-Psychotic Medications on the Mentally Ill Pretrial Detainee?…..49:147

Revealing Redundancy: The Tension Between Federal Sovereign Immunity and Nonstatutory Review…..54:77

The Right to Keep and Bear Arms…..26:423

Rivera v. Minnich, 107 S. Ct. 3001 (1987)—A State Statute Requiring that Only a Preponderance of the Evidence Need Be Shown in a Paternity Proceeding Does Not Violate the Due Process Clause of the Fourteenth Amendment…..38:167

Road to Brandenburg: A Look at the Evolving Understanding of the First Amendment…..43:1

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

The Role of Freedoms: A Reaction…..47:109

The Role of Freedoms: An Introduction to the Symposium…..47:#1:i

Rose v. Lundy (U.S. Sup. Ct. 1982)—A Federal District Court Must Dismiss in Its Entirety a State Prisoner’s Habeas Corpus Petition Containing Both Exhausted and Unexhausted Claims of Constitutional Violations…..32:1057

A Roundtable Discussion with Lawrence Lessig, David G. Post & Jeffrey Rosen…..49:345

Roundtable Discussion with Paul Brest, Cheryl I. Harris, Kirk O. Kolbo, Dennis J. Shields & Shelli D. Soto…..51:761

A Roundtable Discussion with Stephen L. Carter & Michael J. Gerhardt…..50:411

Rudolph v. Iowa Methodist Medical Center (Iowa 1980)—Iowa Code Section 147.136, Which Abolishes the Collateral Source Rule in Medical Malpractice Cases, Is Not Unconstitutional, Based Upon a Rational Relationship Test…..29:849

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

Rust v. Sullivan, 111 S. Ct. 1759 (1991)—Department of Health and Human Services Regulations Prohibiting Title X Projects from Engaging in Abortion Counseling, Referral, or Advocacy Are Permissible Constructions of Title X and Are Consistent with the First and Fifth Amendments…..41:545

The Scarlet Letter Branding: A Constitutional Analysis of Community Notification Provisions in Sex Offenders Statute…..47:635

The Search and Seizure of Computers: Are We Sacrificing Personal Privacy for the Advancement of Technology?…..48:239

Search Warrant Affidavits—The Constitutional Constraints…..23:623

Self-Incrimination or Search and Seizure?…..1:55

Sex Discrimination in Employment: Current Federal Practice…..24:515

Sex Discrimination in Employment: A Survey of State and Federal Remedies…..20:417

Sexual Orientation, Social Change, and the Courts…..54:861

Silencing the Advocates or Policing the Profession? Ethical Limitations on the First Amendment Rights of Attorneys  38:31

Simon v. Eastern Kentucky Welfare Rights Organization (U.S. 1976)—Federal Plaintiffs Seeking to Challenge Governmental Action Under the Administrative Procedure Act Must Show Actual, Particularized Injury, Direct Causation, and Substantial Probability that the Court’s Remedy Will Redress the Injury, in Order to Meet the Article III Case and Controversy Requirement…..26:728

Simon & Schuster, Inc. v. Members of the New York Crime Victims Board, 112 S. Ct. 501 (1991)—New York’s “Son of Sam” Law, Which Requires an Accused or Convicted Criminal’s Income from Works Depicting His Crime Be Held in an Escrow Account for the Victims and Creditors of the Criminal, Is a Content-Based Restriction of Speech Violative of the First and Fourteenth Amendments…..42:331

Smoking in Public: Nonsmokers’ Rights and the Proposed Iowa Clean Indoor Air Act…..37:48

Some Comments on Grutter v. Bollinger…..51:683

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

Standing Barriers Faced by Citizen and Plaintiffs in the Federal Courts…..32:465

The State of the Nation, Not the State of the Record: Finding Problems with Judicial “Review” of Eleventh Amendment Abrogation Legislation…..53:421

The State v. Cullison (Iowa 1970)—Fourth Amendment Rights of an Iowa State Parolee Are Accorded the Same Recognition as Those of any Other Person…..19:481

State v. Gabrielson, 192 N.W.2d 792 (Iowa 1971)—Miranda Rules Are Not Applicable to Simple Misdemeanor Prosecutions, Though Evidence of Coercion, Threats, Promises or Other Wrongful Inducement May Render Accused’s Statements Inadmissible…..22:184

State v. Hancock, 164 N.W.2d 330 (Iowa 1969)—In Actions for Forgery or Uttering a Forged Instrument an Indigent Defendant Has the Right to State Funds for the Purpose of Obtaining an Independent Expert Handwriting Analysis…..18:278

State v. Holliday (Iowa 1969)—Evidence Obtained by Private Individuals Without Governmental Assistance Through Illegal Search and Seizure Is Admissible in State Criminal Proceedings…..19:476

State v. Jeffries, 430 N.W.2d 728 (Iowa 1988)—Courts Must Instruct on Lesser-Included Offenses that Fit Within the Elements of the Greater Charged Offense, Regardless of the Evidence…..39:549

State v. Lawrence (Iowa 1969)—Exclusion of the Public from the Courtroom During the Reading of the Instructions to the Jury Deprived Defendant of His Right to Public Trial…..19:204

State v. Mabry, 460 N.W.2d 472 (Iowa 1990)—A Statutory Provision Enacted in Violaton of Iowa’s “Single-Subject” Rule May Not Be Challenged Once Incorporated into a General Revision or Code…..41:351

State v. Nelson (Iowa 1970)—Public Nudity Is Not Privileged as an Exercise of Free Speech When It Is in Opposition to a Compelling Governmental Statute…..20:400

State v. Williams, 182 N.W.2d 396 (Iowa 1970)—The Totality of the Circumstances Can Indicate a Waiver of One’s Constitutional Right to Counsel and to Remain Silent…..21:349

State v. Wilson, 406 N.W.2d 442 (Iowa 1987)—Requiring a Criminal Defendant to Remain Shackled in the Presence of the Jury, Despite Its Prejudicial Effect, Is Constitutionally Permissible in Certain Circumstances…..37:723

Stating the Obvious: Protecting Religion for Religion’s Sake…..47:45

Statements by Lloyd N. Cutler, C. Boyden Gray, Professor Laurence H. Tribe, Professor Stephen B. Presser, Professor Cass R. Sunstein, Professor Eugene Volokh, Marcia D. Greenberger, Clint Bolick, Senator Orrin G. Hatch, Senator Mitch McConnell, Senator Charles E. Schumer, Senator Paul Simon, Professor Sanford Levinson, Professor Ronald D. Rotunda, Professor Judith Resnik, Dean Douglas W. Kmiec, and Professor Mark Tushnet…..50:429

The Status of Iowa’s Obscenity Laws…..21:314

Steagald v. United States (U.S. Sup. Ct. 1981)—When Seeking to Execute an Arrest Warrant at the Home of a Third Party Not Named in the Warrant, the Fourth Amendment Requires a Search Warrant to Be Obtained Absent Consent or Exigent Circumstances…..31:486

Students Do Leave Their First Amendment Rights at the Schoolhouse Gates: What’s Left of Tinker?…..48:527

Stump v. Bennett, 398 F.2d 111 (8th Cir. 1968)—The State May Not Constitutionally Place Upon Defendant in a Criminal Case the Burden of Proving His Alibi Defense by a Preponderance of the Evidence…..18:119

Supreme Court Selection as War…..50:393

The Supreme Court’s Confusing State Sovereign Immunity Jurisprudence…..56:253

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

Surviving Incarceration: Constitutional Protection from Inmate Violence…..35:101

Suspicious Objects, Probable Cause and the Law of Search and Seizure…..21:252

A Symposium Précis…..49:391

A Symposium Précis…..50:359

A Symposium Précis…..51:667

A Tale of Three Wars: Tinker in Constitutional Context…..48:507

Taxation of Electronic Commerce: Avoiding an Inroad upon Federalism…..49:465

Thermal Imaging Devices: How the Government Privately Repealed the Fourth Amendment…..46:173

Thompson v. Oklahoma, 487 U.S. 815 (1988)—A Capital Sentence Imposed on a Defendant, Who Is Younger than Sixteen Years of Age When the Crime Is Committed, Violates the Eighth Amendment Prohibition of Cruel and Unusual Punishment…..40:195

Thornburgh v. Abbot, 490 U.S. 401 (1989)—Federal Bureau of Prisons Regulation Prohibiting Prisoners from Receiving Incoming Publications that Threaten the Security of a Penal Institution Does Not Violate Prisoners’ First Amendment Rights…..40:451

Three Generations of State Anti-Takeover Statutes: Their Legitimacy in Relation to Their Effects on Interstate Commerce and the Supremacy Clause…..38:437

Three Myths of the Ninth Amendment…..56:875

Tinker and the Lessons from the Slippery Slope…..48:547

The Tinker Case: Reflections Thirty Years Later…..48:491

Tison v. Arizona, 107 S. Ct. 1676 (1987)—A Reckless Indifference to Human Life Is Sufficient Evidence to Prove Culpability in a Felony-Murder Case and Therefore Imposition of the Death Penalty Is Not a Violation of the Eighth Amendment…..37:767

Tort Reform: Would a Noneconomic Damages Cap Be Constitutional, and Is One Necessary in Iowa?…..53:813

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

Two Americas in Healthcare: Federalism and Wars over Poverty from the New Deal–Great Society to Obamacare…..62:981

United States v. Davis (9th Cir. 1973)—Search of Potential Airline Passenger and His Immediate Possessions Does Not Violate Fourth Amendment Where Consent of Person to Be Searched Is First Obtained…..23:471

United States v. Fordice, 112 S. Ct. 2727 (1992)…..43:457

United States v. Havens , 100 S. Ct. 1912 (1980)—Illegally Seized Evidence May Be Used to Impeach a Defendant on Cross-Examination if the Prosecutor’s Questions Would Have Been Suggested by the Defendant’s Testimony…..30:192

United States v. Paradise, 107 S. Ct. 1053 (1987)—One-for-One Promotions of Qualified Black and White Employees Is Permissible as an Interim Measure to Remedy the Present Effects of Past Discrimination…..38:953

United States Trust Co. v. New Jersey, 431 U.S. 1 (1977)—The Contract Clause Prohibits Retroactive Repeal of a Statutory Covenant Involving Purely a Financial Obligation Between a State and Bondholders Unless the Contractual Impairment Caused by Repeal Is Both Reasonable and Necessary to Serve an Important Public Purpose…..27:574

Urban Concentration and Land Exactions for Recreational Use: Some Constitutional Problems in Mandatory Dedication Ordinances in Iowa…..22:71

A View from the Files: Law School Admissions and Affirmative Action…..51:731

Village of Arlington Heights v. Metropolitan Housing Development Corp. (U.S. 1977)—Village Refusal to Rezone to Allow for Construction of Racially Integrated Low Income Housing Held Not Violative of Equal Protection Absent a Showing that Discriminatory Intent or Purpose Is a Motivating Factor…..27:166

Wall of Separation or Path to Interaction: The Uncertain Constitutional Future of School Vouchers in Light of Inconsistent Developments in Judicial Neutrality Between Church and State…..48:403

“We Forgot About the Ditches”: Russian Constitutional Impatience and the Challenge of Terrorism…..53:963

Webster v. Reproductive Health Services, 492 U.S. 490 (1989)—States Have Greater Latitude to Regulate and Restrict Abortions…..40:433

Western & Southern Life Insurance Co. v. State Board of Equalization (U.S. Sup. Ct. 1981)—A Regulatory State Tax Assessed Against Insurers from States Imposing Higher Burdens on All Insurance Companies Transacting Business within Their Borders Is Not Subject to Challenge Under the Commerce Clause and Is Rationally Related to the Achievement of a Legitimate State Purpose Consistent with the Equal Protection Clause of the Fourteenth Amendment…..31:215

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

What the Pigeons Have Done to My Statute…..48:519

When Free Exercise Is a Burden: Protecting “Third Parties” in Religious Accommodation Law…..62:433

When Originalism Attacks: How Justice Scalia’s Resort to Original Expected Application in Crawford v. Washington Came Back to Bite Him in Michigan v. Bryant…..59:1047

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

Whiteley v. Warden of Wyoming Penitentiary, 401 U.S. 560 (1971)—When a Police Officer Obtains a Warrant for the Arrest of an Individual and Requests the Assistance of Other Police in Making the Arrest, the Probable Cause for the Arrest of that Individual by Another Officer Cannot Be Contained in the Communication Alone if the Warrant Is Later Shown to Be Invalid…..21:365

Why Federalism Matters: Remarks of the Honorable Clarence Thomas, Associate Justice, Supreme Court of the United States…..48:231

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

Wilson v. Coughlin, 259 Iowa 1163, 147 N.W.2d 175 (1966)—Does the Transfer of a Juvenile Delinquent from a Training School for Boys to a Men’s Reformatory Without Constitutional Safeguards of Criminal Prosecution Violate Due Process of the Law?…..16:101

Winegard v. Oxberger (Iowa 1977)—Iowa Recognizes a Qualified Testimonial Privilege for Newspersons in Civil Litigation…..28:167

World Wide Volkswagen Corp. v. Woodson, 440 U.S. 286 (1980)—A Nonresident Corporation, to Be Amenable to Suit, Must Have Had Such Minimum Contacts With the Forum State so as Not to Offend Traditional Notions of Fair Play and Substantial Justice…..30:171

Would Caesar Tax God? The Constitutionality of Governmental Taxation of Churches…..35:383