STATUTES AND STATUTORY INTERPRETATION

The ADA Gets Even More Complicated: Analyzing Pregnancy with Complications as a Disability…..52:471

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

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

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

Berge v. Harris (Iowa 1969)—Assumption of the Risk Is a Defense to a Cause of Action Brought Under the Dram Shop Act…..19:492

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

Blindsided (Again): Iowa Hospitals’ Abuse of the Hospital Lien Statute and What Has Been Done to Correct It…..56:463

Bulk Transfers Under Article 6 of the Iowa Uniform Commercial Code…..19:275

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

Chapter 570A Crop and Livestock Lien Law: A Panacea or Pandora’s Box…..34:361

City and Town Boundaries—Incorporation, Consolidation, Annexation and Severance Under the Iowa Statutes…..19:1

City of Cedar Rapids v. Northwestern National Insurance Co. (Iowa 1981)—Punitive Damages Assessed an Insured Governmental Sub-Division for Tort Claims Arising Under Iowa Code Chapter 613A Are Recoverable from the Insurer Under a General Liability Policy…..31:937

Consumer Class Actions After CAFA…..56:303

Contributory, Concurrent, or Comparative Negligence Under the New Iowa Statute?…..15:97

Courts Misinterpret “Stay Put” Provision of Individuals with Disabilities Education Act: Did Congress Really Intend to Take Services Away from Children with Disabilities?…..57:1007

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

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

Does Iowa’s Anti-Cruelty to Animals Statute Have Enough Bite?…..51:817

Does the Past Predict the Future?: An Empirical Analysis of Recent Iowa Supreme Court Use of Legislative History as a Window into Statutory Construction in Iowa…..63:239

Enablement: For the Judge or the Jury? Markman v. Westview  Instruments, Inc.’s Analysis Applied…..52:145

ERISA Disability Claims in the Eighth Circuit…..57:51

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

Expanding the Scope of Securities Fraud?

The Shifting Sands of Central Bank…..52:25

The False Claims Act Creates a “Zone of Protection” That Bars Suits Against Employees Who Report Fraud Against the Government…..62:361

Giving Life After Death: The 2006 Revision of the Uniform Anatomical Gift Act…..56:809

The Iowa Indian Child Welfare Act: Clarification and Enhancement of the Federal Act…..54:53

A Feminist Repudiation of the Rape Shield Laws…..51:45

Financing the Future: Interpreting the “Economic Development Area” Provision of the Iowa TIF Statute…..50:159

Financing Under Article 9 of the Iowa Uniform Commercial Code…..17:143

Fixtures, Security Interests and the New Article 9…..22:637

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

Highlighting the Drawbacks of the UIGEA: Proposed Rules Reveal Heavy Burdens…..57:515

HIPAA in Real Time: Practical Implications of the Federal Privacy Rule…..51:403

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

Hulse v. Wifvat (Iowa 1981)—Court-Appointed Attorneys Are Now Entitled to Full Compensation in Representing Indigent Defendants Under Iowa Code Section 815.7, Which Requires Reasonable Compensation Equivalent to the Ordinary and Customary Charges for Like Service to Nonindigent Clients in the Community…..31:230

In the Best Interests of the Child and the State: A Call for Expansion of Iowa’s Postsecondary Education Subsidy Law…..57:235

Inconsistent Legislation, Interpretation, and Application: Iowa’s Dramshop Act and Its Failed Purposes…..56:1117

The Inherent Limitations of After-the-Fact Statutes Dealing with the Emotional and Sexual Maltreatment of Children…..41:483

The Iowa Law of Real Estate Brokerage…..30:437

The Iowa Dram Shop Act—Causes of Action and Defenses…..23:16

The Iowa “Long-Arm” Statute—Ten Years After…..23:423

Iowa Rule 215.1—Mandatory Dismissal for Want of Prosecution—The Flexible Trap…..23:158

Iowa: The Model Nonprofit Corporation Act Applied…..17:107

Iowa’s Uniform Controlled Substances Act: A Coordinated Approach to Drug Control…..21:77

Iowa Vehicle Certificate of Title Law VI…..23:585

Jackson v. Brown (Iowa 1969)—Indirect Benefit Is Not Sufficiently Tangible and Definite to Remove Plaintiff from Operation of the Iowa Guest Statute…..18:273

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

A Lawyer’s Guide to the Intrastate Exemption and Rule 147…..24:471

“Le roi est mort; vive le roi!”: An Essay on The Quiet Demise of McDonnell Douglas and the Transformation of Every Title VII Case After Desert Palace, Inc. v. Costa  into a Mixed Motives Case…..52:71

“Le roi est mort” Redux: Section 703(m), Costa, McDonnell Douglas, and the Title VII Revolution—A Reply…..52:427

Liability of Controlling Persons—Common Law and Statutory Theories of Secondary Liability…..24:621

Loewen v. Commissioner (Tax Court 1981)—Investment Tax Credit Recapture—Taxpayer’s Transfer of all Farm Assets Except Farmland to Wholly Owned Corporation Did Not Cause Recapture when State Law Made Questionable Corporate Ownership of Farm Land…..31:673

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

The Mechanics of Iowa’s Marketable Title Legislation…..22:326

The Mental Health Parity Act of 1996: Let It Sunset if Real Changes Are Not Made…..52:553

Nevada’s Mastrobuono: How the 2001 Legislature Threw Another Wrench into the Punitive Damages Machine of Arbitration Law…..51:189

The New Iowa Criminal Code…..29:237

The New Iowa Criminal Code: Part II…..29:491

Notice of Claim Under the Municipal Tort Claims Act—The Watchdog With Plenty of Teeth…..23:670

Owen Equipment & Erection Co. v. Kroger (U.S. Sup. Ct. 1978)—Where a Plaintiff Asserts a Claim Against a Nondiverse Third-Party Defendant, Jurisdiction Does Not Accrue Under the 28 U.S.C. § 1332 Diversity Statute…..28:182

Porter v. Porter, 286 N.W.2d 649 (Iowa 1980)—When, After Making a Will, the Testator Is Divorced and All Will Provisions in Favor of His Spouse Are Thereby Revoked by Operation of Law, Bequests Which Are Contingent on the Testator’s Spouse Predeceasing the Testator Are Not Automatically Revoked if the Divorced Spouse Survives the Testator…..30:181

“The Power to Tax Involves the Power to Destroy”…..50:315

Priorities Between Article Nine Securities Interests and Statutory Liens in Iowa…..23:169

Procedures for Collective Bargaining Under the Iowa Public Employment Relations Act…..27:474

Recent Statutory and Case Law Developments in Secured Transactions…..27:41

Repeal of the Death Tax? Shoving Aside the Rhetoric to Determine the Consequences of the Economic Growth and Tax Relief Reconciliation Act of 2001…..51:633

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

A Review of the Federal Equal Credit Opportunity Act…..27:1

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

Sales Law in Iowa Under the Uniform Commercial Code—Article 2…..20:1

S.E.C. Regulation of Resale of Securities by Controlling Persons of Non-Reporting Issuers: The Ghost of Ira Haupt Reads the “Wheat Report” and Rule 144…..20:576

Section 43(a) of the Lanham Act—A Federal Unfair Competition Remedy…..25:228

The Section 67 Question: Are Fees for Investment Advice Fully or Partially Deductible by Trusts?…..56:17

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

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

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

Stokes v. Liberty Mutual Ins. Co. (Fla. 1968)—A Stillborn Fetus May Not Be Included Within the Meaning of a Statute Permitting Recovery for the Wrongful Death of a Minor Child…..18:310

The Validity of an Inference on an Inference in Iowa…..19:452

Workers’ Compensation Contested Cases Under the IAPA…..27:59