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A recent story in the Des Moines Register Dead Iowan fathers child; is daughter entitled to survivor benefits?  illustrates the need for the laws, in Iowa and elsewhere, to catch up to today's technologies or at begin discussion of bioethics for certain medical situations that have significant legal impacts.

Patti Beeler is fighting for social security benefits for her daughter, who was conceived after the death of the girl's father from frozen sperm after the father died from cancer. This story is another example of why laws need to be updated to address these types of situations. This case is just one of several that will likely continue to emerge in the near future as courts from around the country have taken opposite positions as to whether a posthumously conceived child is entitled to inherit.  Iowa laws currently do not permit such a child to inherit as an heir as the child was conceived after the biological parent's death.  See Iowa Code 633.220.  The social security administration looks to local law to determine who would qualify as a dependent for purposes of social security benefits.  Thus, Iowa law is not favorable for this little girl, who will never know her father.

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At Iowa Estate Plan, I have a post about the benefit of using a Power of Appointment in your estate plan.

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Matt Gardner recently had a chapter published in the book titled "Estate Planning Client Strategies: Leading Lawyers on Understanding the Client's Goals Using Trusts Effectively, and Planning in a Changing Economic Climate (Inside the Minds)."  If you are interested in purchasing, go here (none of the proceeds go to us).

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This post should be prefaced with the fact that I am an alumnus of the Univeristy of Iowa, but I will attempt to remain as objective as possible in my reporting.

Iowa State University recently finialized its contract with new Head Football coach Paul Rhoads.  The contract, linked here by the Des Moines Register, has an interesting term that is not often found in coaching contracts.  Under Article V of the contract, instances are provided that equate to "just cause" for termination, in other words, reasons the University can give to fire him.  Paragraph 2(a) of this Article specifically lists some situations that cannot be considered just cause, including:

ii) Win-loss record or public unhappiness with win-loss record; or

iii) Other general displeasure at the direction or success of the football program.

Generally, win-loss records and displeasure with the direction of an athletic program are the main reasons coaches are fired by their university employers.  It would be interesting to know at whose behest these clauses were added, and the policy behind them.  It should be noted that the contract also lists a number of "just cause" reasons to fire Rhoads, and the University would likely be able to find separate reasoning to release him besides the win-loss record of the team. 

At any rate, his job is safe for a while, even after September 12, 2009.  Go Hawks.

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Sullivan & Ward's Liz Overton was quoted in the Des Moines Business Record concerning legal issues related to company furloughs. Company furloughs create a legal minefield  Very good information and article related to company furloughs.

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