Table Of Content

GENERAL INDEX A CIVIL PROCEDURE Multiple Jury Formats and Civil Litiga- AFFIRMATIVE ACTION tion: Arnold v. Eastern Airlines 1991:1005 ; Looking Back at City of Richmond uv. J.A. Rule 11 and Federalizing Lawyer Ethics Croson Co.: Its Effects on State and 1991:959 Local Set-Aside Programs 1991:1633 CIVIL RIGHTS ALIMONY Looking Back at City of Richmond v. J.A. Croson Co.: Its Effects on State and See Family Law Local Set-Aside Programs ANTITRUST 1991:1633 The Monroe Mystery Solved: Beyond the Determining the Indirect Purchaser’s “Unhappy History” Theory of Civil Right to Sue in the Context of Reg- Rights Litigation 1991:737 ulated Utilities: Kansas & Missouri v. Utilicorp United, Inc. 1991:1075 CONSTITUTIONAL LAW Economic Rents and Essential Facilities Abortion 1991:1243 A Legal Strategy to Overturn Roe v. Wade After Webster: Some Lessons from B Lincoln 1991:519 Mediating the Polar Extremes: A Guide to BUSINESS JUDGMENT RULE Post-Webster Abortion Policy 1991:403 The Business Judgment Rule: How Much The Costs of Choice: A Review of Guido Board Deliberation Is Enough Calabresi’s Ideals, Beliefs, Atti- When a Board Is Under Time Con- tudes, and the Law 1991:625 straints?—Citron v. Fairchild Cam- Autonomy era and Instrument Corp. Individualism and Autonomy in Family 1991:1377 Law: The Waning of Belonging 1991:1 C Bipolar Analysis The State, the Family, and the Constitu- tion: A Case Study in Flawed Bipo- CERCLA lar Analysis 1991:489 Confrontation Clause Joslyn Manufacturing Co. v. T.L. James Maryland v. Craig: Ignoring the Letter & Co.—Should the Sins of the Chil- and Purpose of the Confrontation dren Be Answered upon the Heads Clause 1991:1093 of the Parents? 1991:1427 Double Jeopardy CHILD ABUSE “Reverse Rico” Double Jeopardy Protec- tion Under United States v. Es- Maryland v. Craig: Ignoring the Letter pisito: Someone’s in the Kitchen and Purpose of the Confrontation with Grady, but It’s Not the Third Clause 1991:1093 Circuit 1991:1107 1720 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1991 Equal! Protection Clause D Looking Back at City of Richmond v. J.A. Croson Co.: Its Effects on State and DAMAGES Local Set-Aside Programs 1991:1633 Liquidated Damages and the Penalty Establishment Clause Rule: A Reassessment 1991:1613 Establishment Clause Jurisprudence and DIVORCE Its Effect on Prayer at Commence- ment Exercises: A Look at Weis- See Family Law man v. Lee 1991:1053 Free Exercise Clause Employment Division v. Smith: A Giant Step Backwards in Free Exercise EDUCATION Jurisprudence 1991:1331 Free Speech Establishment Clause Jurisprudence and A Distinction Without a Difference—The Its Effect on Prayer at Commence- Spectrum Scarcity Rationale No ment Exercises: A Look at Weis- Longer Justifies Content-Based man v. Lee 1991:1053 Broadcast Regulation 1991:1141 EMPLOYMENT LAW Judicial Power Abstention and the Constitutional Limits A Market Analysis of Anticompetition of the Judicial Power of the United Agreements in Labor Contracts States 1991:811 1991:1657 Original Intent ENVIRONMENTAL LAW Et tu, Raoul? or The Original Misunder- standing Misunderstood 1991:1475 Joslyn Manufacturing Co. v. T.L. James Original Intent: Bittker v. Berger & Co.—Should the Sins of the Chil- 1991:1201 dren Be Answered upon the Heads Separation of Powers of the Parents? 1991:1427 Pragmatism Without Politics—A Half Corporate Officer Liability Under RCRA: Measure of Authority for Jurisdic- Stringent but Not Strict 1991:1547 tional Common Law 1991:767 ETHICS CONTRACT LAW Rule 11 and Federalizing Lawyer Ethics 1991:959 Liquidated Damages and the Penalty The Ethics Reform Act of 1989: Why the Rule: A Reassessment 1991:1613 Taxman Can’t Be a Paperback Writer 1991:1025 COPYRIGHT LAW EVIDENCE Section 117 of the Copyright Act Maryland v. Craig: Ignoring the Letter 1991:1497 and Purpose of the Confrontation Clause 1991:1093 CORPORATE LAW The Business Judgment Rule: How Much F Board Deliberation Is Enough When a Board Is Under Time Con- FAMILY LAW straints?—Citron v. Fairchild Cam- era and Instrument Corp. Abortion 1991:1377 See Constitutional Law Aging CRIMINAL LAW Review of Norman DanizEts: Am I My Par- ent’s Keeper? An Essay on Justice Corporate Officer Liability Under RCRA: Between the Young and the Old Stringent but Not Strict 1991:1547 1991:587 1719] GENERAL INDEX 1721 Alimony tion of Family Law: State, Law, and Rethinking Alimony: Marital Decisions Family in the United States and and Moral Discourse 1991:197 Western Europe 1991:719 Should The Theory of Alimony Include Surrogacy Nonfinancial Losses and Motiva- Surrogacy Agreements (Review of C. tions? 1991:259 SHALEv: Birth Power) Children The Ongoing Uncertainty of Surrogacy Mixed Blessings: Intensive Care for (Review of M. Fietp: Surrogate Newborns—A Report Card for Con- Motherhood) 1991:685 gress After the Baby Doe Legisla- tion (Review of J. GumitLemin & L. FEDERAL COURTS Hotmstrom: Mixed Blessings: In- tensive Care for Newborns) Abstention 1991:655 Abstention and the Constitutional Limits Puzzling over Children’s Rights 1991:307 of the Judicial Power of the United Review of H. Kunse & P. Sincer: Should States 1991:811 the Baby Live? The Problem of Dealing with Younger Abstention as a Handicapped Infants 1991:697 Part of Federal Courts Re- Youth Crime and the Choice Between form—The Role of the Vanishing Rules and Standards 1991:351 Proposal 1991:987 Constitutional Analysis Younger Abstention Doctrine: A Morass of Individualism and Autonomy in Family Confusion 1991:1445 Law: The Waning of Belonging Appeals 1991:1 The Screening of Appeals: The Ninth Cir- The State, the Family, and the Constitu- cuit’s Experience in the Eighties tion: A Case Study in Flawed Bipo- and Innovations for the Nineties lar Analysis 1991:489 1991:859 Divorce Civil Rights A Reminiscence About the Uniform Mar- The Monroe Mystery Solved: Beyond the riage and Divorce Act—And Some “Unhappy History” Theory of Civil Reflections About Its Critics and Its Rights Litigation 1991:737 Politics 1991:43 Federal Common Law Divorce Stories: Readings, Comments and Pragmatism Without Politics—A Half Questions on Law and Narrative Measure of Authority for Jurisdic- 1991:143 tional Common Law 1991:767 No-Fault Divorce and the Divorce Conun- Federalism drum 1991:79 Rule 11 and Federalizing Lawyer Ethics Review of Divorce Reform at the Cross- 1991:959 roads (S. Sugarman & H. Kay eds.) Juries 1991:561 Multiple Jury Formats and Civil Litiga- Family Issues and Trends tion: Arnold v. Eastern Airlines Adjusting to Unconventional Families in a 1991:1005 Changing World (Review of Skot- Nick & SKOLNICK: Family in Transi- Jurisdiction tion: Rethinking Marriage, Sexval- Pragmatism Without Politics—A Half ity, Child Rearing and Family Measure of Authority for Jurisdic- Organization) 1991:577 tional Common Law 1991:767 Examining Family Policies for a Pluralis- Reform tic America (Review of LEviTAN, Against an Elite Federal Judiciary: Com- BeLous & GaLLo: What’s Happen- ments on the Report of the Federal ing to the American Family? Ten- Courts Study Committee 1991:923 sions, Hopes, Realities) 1991:645 Statutory Construction Review of American Family and the State A Fixed Principle Approach to Statutory (J. Peden & F. Glahe eds.) 1991:601 Construction: The Glass-Steagall Review of M. GLENDON: The Transforma- Act as a Test Case 1991:1285 1722 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1991 Venue PUBLIC UTILITIES Patent Venue: One More Attempt to Determining the Indirect Purchaser’s Broaden the Statute 1991:1125 Right to Sue in the Context of Reg- FEDERAL EMPLOYEES ulated Utilities: Kansas & Missouri v. Utilicorp United, Inc. 1991:1075 The Ethics Reform Act of 1989: Why the Taxman Can’t Be a Paperback R Writer 1991:1025 G RESOURCE RECOVERY AND RE- COVERY ACT GLASS-STEAGALL ACT Corporate Officer Liability Under RCRA: Stringent but Not Strict 1991:1547 A Fixed Principle Approach to Statutory Construction: The Glass-Steagall REGULATED PUBLIC UTILITIES Act as a Test Case 1991:1285 Determining the Indirect Purchaser’s Right to Sue in the Context of Reg- J ulated Utilities: Kansas & Missouri v. Utilicorp United, Inc. 1991:1075 JURIES RICO Multiple Jury Formats and Civil Litiga- “Reverse Rico” Double Jeopardy Protec- tion: Arnold v. Eastern Airlines tion Under United States v. Es- 1991:1005 pisito: Someone’s in the Kitchen with Grady, but It’s Not the Third L Circuit 1991:1107 LABOR LAW S A Market Analysis of Anticompetition Agreements in Labor Contracts SECURITIES LAW 1991:1657 The Business Judgment Rule: How Much Board Deliberation Is Enough P When a Board Is Under Time Con- straints?—Citron v. Fairchild Cam- PATENT LAW era and Instrument Corp. 1991:1377 Patent Venue: One More Attempt to Broaden the Statute 1991:1125 STATUTORY CONSTRUCTION/ INTERPRETATION POLITICAL CORRECTNESS A Fixed Principle Approach to Statutory The Waste Land 1991:1229 Construction: The Glass-Steagall Act as a Test Case 1991:1285 PROPERTY LAW Interpreting Statutes Faithfully—Not Dy- The Conversion of Intangible Property: namically 1991:1353 Bursting the Ancient Bottle with New Wine 1991:1681 T PUBLIC SCHOOLS TAX LAW Establishment Clause Jurisprudence and Its Effect on Prayer at Commence- Tax Titles in Utah: Caveats for Potential ment Exercises: A Look at Weis- Purchasers and Proposals for man v. Lee 1991:1053 Change 1991:1573 1719] GENERAL INDEX TORT LAW V The Conversion of Intangible Property: VENUE Bursting the Ancient Bottle with New Wine 1991:1681 Patent Venue: One More Attempt to Weather Modification: The Continuing Broaden the Statute 1991:1125 Search for Rights and Liabilities 1991:1163 Ww U WATER LAW Designation and Protection of Critical UNIFORM MARRIAGE AND DI- Groundwater Areas 1991:1393 VORCE ACT WEATHER MODIFICATION A Reminiscence About the Uniform Mar- Weather Modification: The Continuing riage and Divorce Act—And Some Search for Rights and Liabilities Reflections About Its Critics and Its 1991:1163 Politics 1991:43 AUTHOR INDEX— ARTICLES A K Austin, Arthur—The Waste Land Kreiss, Robert A.—Section 117 of the 1991:1229 Copyright Act 1991:1497 B L Berger, Raoul—Original Intent: Bittker v. Berger 1991:1201 Levy, Robert J.—A Reminiscence About Brown, George D.—Dealing with Younger The Uniform Marriage and Divorce Abstention as a Part of Federal Act—And Some Reflections About Courts Reform—The Role of the Its Critics and Its Policies 1991:43 Vanishing Proposal 1991:987 M C Clark, Dr. Steven—Mediating the Polar Maltz, Earl M.—The State, the Family, Extremes: A Guide to Post-Webster and the Constitution: A Case Study Abortion Policy 1991:403 in Flawed Bipolar Analysis 1991:489 Coons, John E.—Puzzling over Children’s Massey, Calvin R.—Abstention and the Rights 1991:307 Constitutional Limits of the Judi- cial Power of the United States D 1991:811 McMorrow, Judith A.—Rule 11 and Fed- Di Lorenzo, Vincent—A Fixed Principle eralizing Lawyer Ethics 1991:959 Approach to Statutory Construc- Mnookin, Robert H.—Puzzling over Chil- tion: The Glass-Steagall Act as-a dren’s Rights 1991:307 Test Case 1991:1285 E O Ellman, Ira Mark—Should The Theory of Oakley, John B.—The Screening of Ap- Alimony Include Nonfinancial peals: The Ninth Circuit’s Experi- Losses and Motivations? 1991:259 ence in the Eighties and Innova- tions for the Nineties 1991:859 H Pp Hafen, Bruce C.—Individualism and Au- tonomy in Family Law: The Waning of Belonging 1991:1 Presser, Stephen B.—Et tu, Raoul? or The Hylton, Keith N.—Economic Rents and Original Misunderstanding Misun- Essential Facilities 1991:1243 derstood 1991:1475 1726 BRIGHAM YOUNG UNIVERSITY LAW REVIEW [1991 S Ww Schneider, Carl E.—Rethinking Alimony: Wardle, Lynn D.—No-Fault Divorce and Marital Decisions and Moral Dis- the Divorce Conundrum 1991:79 course 1991:197 Sherlock, Richard—Mediating the Polar Weinberg, Louise—The Monroe Mystery Extremes: A Guide to Post-Webster Solved: Beyond the “Unhappy His- Abortion Policy 1991:403 tory” Theory of Civil Rights Litiga- Shreve, Gene R.—Pragmatism Without tion 1991:737 Politics—A Half Measure of Au- Weisbrod, Carol—Divorce Stories: Read- thority for Jurisdictional Common ings, Comments and Questions on Law 1991:767 : Law and Narrative 1991:143 Sugarman, Stephen D.—Puzzling over Children’s Rights 1991:307 Wells, Michael—Against an Elite Federal Judiciary: Comments on the Report T of the Federal Courts Study Com- mittee 1991:923 Teitelbaum, Lee E.—Youth Crime and the Wilkins, Richard G.—Mediating the Polar Choice Between Rules and Stan- Extremes: A Guide to Post-Webster dards 1991:351 Abortion Policy 1991:403 AUTHOR INDEX— BOOK REVIEWS H Harris, Leslie J—Review of Divorce Re- form at the Crossroads (Stephen D. Sugarman & Herma H. Kay eds.) 1991:561