Table Of Content

ARIZONA REVIEW VOLUME 41 1999 VOLUME 41 INDEX INDEX OF SUBJECTS TABLE OF CASES TABLE OF STATUTES ARIZONA LAW REVIEW [Vol. 41:1155 TABLE OF AUTHORS Authors are listed alphabetically ACKERMAN, Bruce JOHNSON, Monica Kirkpatrick ALSTOTT, Anne ROBBENNOLT, Jennifer K. Your Stake in America..... 41:249 Legal Planning for Unmarried Committed Partners: Empirical ALEXANDER, Mark C. Lessons for a Preventive and Attention Shoppers: The First Therapeutic Approach ..... 41:417 Amendment in the Modern American Shopping Mall LA FOND, John Q. Can Therapeutic Jurisprudence Be ALSTOTT, Anne Normatively Neutral? Sexual ACKERMAN, Bruce Predator Laws: Their Impact on Your Stake in America Participants and Policy .... 41:375 CAMPAGNOLO, Theodore LEONARD, James The Fourth Amendment at Fire A Damaged Remedy: Disability Scenes Discrimination Claims Against State Entities Under the FRENCH, Rebecca Redwood Americans with Disabilities Act From Yoder to Yoda: Models of after Seminole Tribe and Flores Traditional, Modern, and Postmodern Religion in U.S. Constitutional Law LOGAN, Wayne A. Through the Past Darkly: A GREENBERG, Julie A. Survey of the Uses and Abuses of Defining Male and Female: Victim Impact Evidence in Capital Intersexuality and the Collision Between Law and Biology MEYER, David D. Family Ties: Solving the HAFEMEISTER, Thomas L. Constitutional Dilemma of the End-of-Life Decision Making, Faultless Father Therapeutic Jurisprudence, and Preventive Law: Hierarchical v. RATNER, James R. Consensus-Based Decision- Community Property, Right of Making Model Survivorship, and Separate Property Contributions to Marital HANNA, Cheryl Assets: An Interplay 41:993 Ganging Up on Girls: Young Women and Their Emerging Violence 1999] INDEX 1157 ROBBENNOLT, Jennifer K. SPITKO, E. Gary JOHNSON, Monica The Expressive Function of Law Kirkpatrick and the Merits of Non-Marital Legal Planning for Unmarried Inclusion 41:1063 Committed Partners: Empirical Lessons for a Preventive and WEXLER, David B. Therapeutic Approach......41:417 Introduction (Symposium) RONNER, Amy D. Punishment Meted Out for ZLOTNICK, David M. Acquittals: An Antitherapeutic Battered Women & Justice Scalia Jurisprudence Atrocity .....41:459 SIMON, Leonore M.J. Sex Offender Legislation and the Antitherapeutic Effects on Victims ARIZONA LAW REVIEW [Vol. 41:1155 TABLE OF STUDENT AUTHORS Authors are listed alphabetically BYRNES, Erin E. POLLOCK, John L. Unmasking White Privilege to Missing “Persons”: Expedited Expose the Fallacy of White Removal, Fong Yue Ting, and the Innocense: Using a Theory of Fifth Amendment 41:1109 Moral Correlativity to Make the Case for Affirmative Action ROLES, Todd William Programs in Education.....41:535 Has the Supreme Court Armed Property Owners in Their Fight CAROTHERS, Jo Dale Against Environmentalists? Protection of Intellectual Property Bennett v. Spear and Its Effect on on the World Wide Web: Is the Environmental Litigation. 41:227 Digital Millennium Copyright Act SUPACIONI? ........0cccssccssceseees 41:937 SAWKAR, A. Laxmidas From the Mafia to Milking Cows: GORDON, Brenda State RICO Act Expansion A Criminal’s Justice or a Child’s 41:1133 Injustice? Trends in the Waiver of Juvenile Court Jurisdiction and the SCHULTZ, Christopher M. Flaws in the Arizona Response... Content-Based Restrictions on Free Expression: Reevaluating the High Versus Low Value Speech Distinction Three Maelstroms and One Tweak: Federal Rules of Evidence 413 to 415 and Their Arizona Counterpart INDEX TABLE OF SUBJECTS Items published in Volume 41 are indexed under appropriate subject headings. ADMINISTRATIVE AGENCIES AFFIRMATIVE ACTION Has the Supreme Court Armed Unmasking White Privilege to Expose Property Owners in Their Fight the Fallacy of White Innocence: Against Environmentalists? Using a Theory of Moral Bennett v. Spear and Its Effect on Correlativity to Make the Case for Environmental Litigation, Todd Affirmative Action Programs in William Roles Education, Erin E. Byrnes ADMINISTRATIVE PROCEDURE AGGRAVATING CIRCUMSTANCES Has the Supreme Court Armed Property Owners in Their Fight Through the Past Darkly: A Survey of Against Environmentalists? the Uses and Abuses of Victim Bennett v. Spear and Its Effect on Impact Evidence in Capital Trials, Environmental Litigation, Todd Wayne A. Logan William Roles ALIENS ADMINISTRATIVE SEARCHES Missing “Persons”: Expedited The Fourth Amendment at Fire Removal, Fong Yue Ting, and the Scenes, Theodore Campagnolo Fifth Amendment, John L. Pollock 41:1109 ADMISSIBILITY OF EVIDENCE AMERICANS WITH DISABILITIES ACT Three Maelstroms and One Tweak: Federal Rules of Evidence 413 to A Damaged Remedy: Disability 415 and Their Arizona Discrimination Claims Against Counterpart, Adam Kargman State Entities Under the Americans with Disabilities Act after Seminole Tribe and Flores, James ADOPTION Leonard. Family Ties: Solving the CAPITAL PUNISHMENT Constitutional Dilemma of the Faultless Father, David D. Meyer Through the Past Darkly: A Survey of the Uses and Abuses of Victim Impact Evidence in Capital Trials, Wayne A. Logan 1160 ARIZONA LAW REVIEW [Vol. 41:1155 CHILD CUSTODY CONFRONTATION: CRIMINAL LAW Family Ties: Solving the Constitutional Dilemma of the Through the Past Darkly: A Survey of Faultless Father, David D. Meyer the Uses and Abuses of Victim Impact Evidence in Capital Trials, Wayne A. Logan CHURCH AND STATE CONSENSUS-BASED DECISION- From Yoder to Yoda: Models of MAKING Traditional, Modern, and Postmodern Religion in U.S. End-of-Life Decision Making, Constitutional Law, Rebecca Therapeutic Jurisprudence, and Redwood French Preventive Law: Hierarchical v. Consensus-Based Decision- CITIZEN SUITS Making Model, Thomas L. Hafemeister Has the Supreme Court Armed Property Owners in Their Fight CONSTITUTIONAL Against Environmentalists? AMENDMENTS: HISTORY Bennett v. Spear and Its Effect on Environmental Litigation, Todd A Damaged Remedy: Disability William Roles Discrimination Claims Against State Entities Under the Americans CIVIL RICO ACTIONS with Disabilities Act after Seminole Tribe and Flores, James From the Mafia to Milking Cows: Leonard. State RICO Act Expansion, A. Laxmidas Sawkar 41:1133 CONSTITUTIONAL AMENDMENTS: COHABITATION INTERPRETATION AND CONSTRUCTION Legal Planning for Unmarried Committed Partners: Empirical A Damaged Remedy: Disability Lessons for a Preventive and Discrimination Claims Against Therapeutic Approach, Jennifer State Entities Under the Americans K. Robbennolt & Monica with Disabilities Act after Kirkpatrick Johnson 41:417 Seminole Tribe and Flores, James Leonard COMMUNITY PROPERTY CONSTITUTIONAL LAW Community Property, Right of Survivorship, and Separate Family Ties: Solving the Property Contributions to Marital Constitutional Dilemma of the Assets: An Interplay, James R. Faultless Father, David D. Meyer Ratner 1999] INDEX A Damaged Remedy: Disability CONSTITUTIONAL LAW: Discrimination Claims Against REMEDIES State Entities Under the Americans with Disabilities Act A Damaged Remedy: Disability after Seminole Tribe and Flores, Discrimination Claims Against James Leonard State Entities Under the Americans with Disabilities Act after Missing “Persons”: Expedited Seminole Tribe and Flores, James Removal, Fong Yue Ting, and the Leonard Fifth Amendment, John L. CONSTITUTIONALITY Attention, Shoppers: The First Content-Based Restrictions on Free Amendment in the Modern Expression: Reevaluating the High Shopping Mall, Mark C. Versus Low Speech Distinction, Alexander Christopher M. Schultz .... 41:573 From Yoder to Yoda: Models of CONSTITUTIONS, STATE Traditional, Modern, and Postmodern Religion in U.S. Attention, Shoppers: The First Constitutional Law, Rebecca Amendment in the Modern Redwood French Shopping Mall, Mark C. Alexander Content-Based Restrictions on Free Expression: Reevaluating the CONTEMPT High Versus Low Speech Distinction, Christopher M. Battered Women & Justice Scalia, Schultz David M. Zlotnick CONSTITUTIONAL LAW: COPYRIGHT INTERPRETATION AND CONSTRUCTION Protection of Intellectual Property on the World Wide Web: Is the A Damaged Remedy: Disability Digital Millennium Copyright Act Discrimination Claims Against Sufficient?, Jo Dale Carothers State Entities Under the Americans with Disabilities Act after Seminole Tribe and Flores, James Leonard Ganging Up on Girls: Young Women Battered Women & Justice Scalia, and Their Emerging Violence, David M. Zlotnick Cheryl Hanna 1162 ARIZONA LAW REVIEW [Vol. 41:1155 A Criminal’s Justice or a Child’s CULTURE AND LAW Injustice? Trends in the Waiver of Juvenile Court Jurisdiction and Ganging Up on Girls: Young Women the Flaws in the Arizona and Their Emerging Violence, Response, Brenda Gordon Cheryl Hanna DIGITAL MILLENIUM CRIME AND AGE COPYRIGHT ACT Ganging Up on Girls: Young Women Protection of Intellectual Property on and Their Emerging Violence, the World Wide Web: Is the Cheryl Hanna Digital Millennium Copyright Act Sufficient?, Jo Dale Carothers CRIMINAL LAW From the Mafia to Milking Cows: DIGITAL SAMPLING State RICO Act Expansion, A. Laxmidas Sawkar 41:1133 Protection of Intellectual Property on the World Wide Web: Is the Can Therapeutic Jurisprudence Be Digital Millennium Copyright Act Normatively Neutral? Sexual Sufficient?, Jo Dale Carothers Predator Laws: Their Impact on Participants and Policy, John Q. LaFond DISCRIMINATION Punishment Meted Out for A Damaged Remedy: Disability Acquittals: An Antitherapeutic Discrimination Claims Against Jurisprudence Atrocity, Amy D. State Entities Under the Americans Ronner with Disabilities Act after Seminole Tribe and Flores, James Sex Offender Legislation and the Leonard Antitherapeutic Effects on Victims, Leonore M.J. Simon Defining Male and Female: Intersexuality and the Collision Between Law and Biology, Julie CRIMINAL PROCEDURE A. Greenberg Sex Offender Legislation and the Unmasking White Privilege to Expose Antitherapeutic Effects on the Fallacy of White Innocence: Victims, Leonore M.J. Simon Using a Theory of Moral Correlativity to Make the Case for Affirmative Action Programs in CRIMINAL RICO ACTIONS Education, Erin E. Byrnes From the Mafia to Milking Cows: State RICO Act Expansion, A. Laxmidas Sawkar 41:1133 1999] INDEX DISCRIMINATION AGAINST EDUCATION LAW THE HANDICAPPED From Yoder to Yoda: Models of A Damaged Remedy: Disability Traditional, Modern, and Discrimination Claims Against Postmodern Religion in U.S. State Entities Under the Constitutional Law, Rebecca Americans with Disabilities Act Redwood French after Seminole Tribe and Flores, James Leonard EMPLOYMENT DISCRIMINATION DOMESTIC PARTNERS A Damaged Remedy: Disability The Expressive Function of Law and Discrimination Claims Against the Merits of Non-Marital State Entities Under the Americans Inclusion, E. Gary Spitko with Disabilities Act after Seminole Tribe and Flores, James Leonard DOMESTIC VIOLENCE Defining Male and Female: Battered Women & Justice Scalia, Intersexuality and the Collision David M. Zlotnick 41:847 Between Law and Biology, Julie A. Greenberg DOUBLE JEOPARDY ENDANGERED SPECIES Battered Women & Justice Scalia, David M. Zlotnick 41:847 Has the Supreme Court Armed Property Owners in Their Fight DUE PROCESS OF LAW Against Environmentalists? Bennett v. Spear and Its Effect on Missing “Persons”: Expedited Environmental Litigation, Todd Removal, Fong Yue Ting, and the William Roles Fifth Amendment, John L. Pollock 41:1109 ENVIRONMENTAL LAW Through the Past Darkly: A Survey Has the Supreme Court Armed of the Uses and Abuses of Victim Property Owners in Their Fight Impact Evidence in Capital Against Environmentalists? Trials, Wayne A. Logan....41:143 Bennett v. Spear and Its Effect on Environmental Litigation, Todd ECONOMIC REFORM William Roles Your Stake in America, Bruce Ackerman & Anne Alcott 1164 ARIZONA LAW REVIEW [Vol. 41:1155 EQUAL PROTECTION FEDERAL SENTENCING GUIDELINES Unmasking White Privilege to Expose the Fallacy of White Punishment Meted Out for Acquittals: Innocence: Using a Theory of An Antitherapeutic Jurisprudence Moral Correlativity to Make the Atrocity, Amy D. Ronner . 41:459 Case for Affirmative Action Programs in Education, Erin E. FEDERALISM A Damaged Remedy: Disability EVIDENCE: CRIMINAL Discrimination Claims Against State Entities Under the Americans Through the Past Darkly: A Survey with Disabilities Act after of the Uses and Abuses of Victim Seminole Tribe and Flores, James Impact Evidence in Capital Leonard Trials, Wayne A. Logan....41:143 FEDERAL-STATE EVIDENCE: ARIZONA CONTROVERSIES Three Maelstroms and One Tweak: A Damaged Remedy: Disability Federal Rules of Evidence 413 to Discrimination Claims Against 415 and Their Arizona State Entities Under the Americans Counterpart, Adam Kargman with Disabilities Act after Seminole Tribe and Flores, James Leonard. EXIGENT CIRCUMSTANCES FEMINISM The Fourth Amendment at Fire Scenes, Theodore Campagnolo Ganging Up on Girls: Young Women and Their Emerging Violence, Cheryl Hanna FAIR TRIAL FIRES AND FIRE PREVENTION Through the Past Darkly: A Survey of the Uses and Abuses of Victim The Fourth Amendment at Fire Impact Evidence in Capital Scenes, Theodore Campagnolo Trials, Wayne A. Logan....41:143 FEDERAL RULES OF FIRST AMENDMENT EVIDENCE Content-Based Restrictions on Free Three Maelstroms and One Tweak: Expression: Reevaluating the High Federal Rules of Evidence 413 to Versus Low Speech Distinction, 415 and Their Arizona Christopher M. Schultz .... 41:573 Counterpart, Adam Kargman