Table Of Content

INDEX-DIGEST ADMINISTRATIVE LAW Constitutionality of taxes on advertising Administrative Procedure Act 492 Court reviews decision of Secretary of Effects on diversity of media content Health and Human Services under 489-04 1209-13 Taxes on advertising 489-04 Judicial review of defense base AFFIRMATIVE ACTION closings 300-03 In general Agency discretion Status-production model’s implications Heightened scrutiny applied te Commerce for 1082 Department census decision 971-76 NLRB definition of term “employee” AGENCY 1353-54 In general Delegation doctrine Agency principles in defining “employee” Proposal to revive delegation doctrine under MLRA 1350-53 751-56 Judicial control APPORTIONMENT Agency action in granting statutory waiv- Census ers subject to 1208-13 Minority undercount in federal census Chevron deference as a means of preserv- ing political accountability 613-18 971-76 Nondeference to agencies in the Supreme ATTORNEYS Court’s 1993 Term 71-76 In general Power of federal courts to subpoena employees of federal agencies 965-70 Civil rights attorneys trained at Howard Nondelegation doctrine Law School 1621-23 Proposal to revive nondelegation doctrine Role of attorneys in a democracy 2047-52 751-56 Attorney-client relationship Powers of agencies Waivers of attorney-client and work-prod- Utah requires agencies to conduct takings uct protections 1697-1714 impact analyses 519-24 Right of a prosecutor to call a defense at- ADVERTISING torney as a witness 775-80 In general Legal ethics Advertisers’ influence over editorial con- Dual role of the attorney as agent of the tent 489-91 client and officer of the court 468-73 BIOGRAPHY BURDEN OF PROOF Greenberg, Jack Criminal cases Tenure at NAACP Legal and Educational Whether court should define meaning of Defense Fund 959-64 “reasonable doubt” in its jury Particular persons instructions 1955-72 Review of biography of Judge Learned Hand 931-46 INDEX-DIGEST [Vol. 108 CAPITAL PUNISHMENT Economic theory of race discrimination In general as product of intergroup conflict Capital punishment in international law 1033-84 483-88 Legal strategy to end segregation Sentencing procedures 1369-76 Due process and Supreme Court review of Minority undercount in census receives capital sentences 162-71 heightened scrutiny 971-76 NAACP Legal and Educational Fund’s ef- CENSUS forts against racial discriminationgs9-62 Racial discrimination Racial discrimination in environmental Minority undercount in 1990 national cen- regulation 477-82 sus 971-76 Voting Rights Remedies 132-37 CIVIL PROCEDURE Attorney-client privilege CIVIL RIGHTS ACT Waivers of attorney-client and work-prod- Title VII of Civil Rights Act of 1964 uct protections 1698-1705 Libertarian critique of civil rights laws In rem forfeiture 1098-1101, 1107-08 Procedural due process and pre-seizure no- tice and hearing 19I-201 COLLEGES AND UNIVERSITIES Work Product Immunity Law Schools Waiver of attorney-client and work prod- Howard Law School as premier institution uct protections 1697-1714 of Legal Realist thought 1622-23 Methods of teaching 462-63, 466-68 CIVIL RIGHTS Student Activities Fees Affirmative Action Funding of religious organizations 507-12 Equal Protection chalienge to minority scholarships 1767-72 COMMERCE CLAUSE Status-production model’s implications Dormant Commerce Clause 1082 Civil Rights Movement Legislative grants of monopoly privileges 149-59 NAACP Legal Defense and Educational Taxation of Foreign Multinational Corpo- Fund’s role in the civil rights movement 959-62 rations 139-49 Employment Discrimination Foreign Commerce Judicial reform in Mexico 1919-36 Economic explanation for the existence of racial discrimination in employment COMMERCIAL LAW 1072-73 Retroactivity of the 1991 Civil Rights Act Foreign Commerce 310-21 Growth of Congressional-Executive Trade Freedom of religion Agreements 801-929 Religious basis for discrimination against Judicial reform in Mexico 1919-36 unmarried tenants 763-68 Uniform Commercial Code Freedoms of speech and press Super-priorities of securities intermediaries Injunctions against protest activity 271-80 1937-54 Threat to free speech of protest move- ments posed by RICO 357-61 COMMON LAW Gay and Lesbian Issues Nature Role of Supreme Court in protecting rights The role of English custom and common of gays and lesbians 87-95 law in American Revolution 1202-07 Racial Discrimination Relation to Statutes Economic analysis of civil rights laws Interpretation of NLRA by common law 1085-1109 principles 1350-53, 1356 [Vol. 108 INDEX-DIGEST COMMUNICATIONS Appointments Clause Mass Media Principal officers’ appointment procedure Taxation of the mass media as exclusive 1272-75 Commerce Clause COMPARATIVE LAW Taxation of Foreign Multinational Corpo- Customary law rations 139-49 Capital punishment in international law Municipality disabled from conferring mo- 483-88 nopoly privileges upon solid waste Particular systems transfer station 149-59 Judicial reform in Mexico 1919-36 Congressional powers Approval of international agreements CONGRESS 1249-72 In general Compact Clause 1266, 1270-72 Congressional-executive Powers of consent 1269-70 agreements 1225-35, 1249-86 Construction of constitution: in general Foreign policy Exclusivity of enabling provisions 1240-48 Congressional-executive Historical argument in constitutional inter- agreements 1225-35, 1249-86 pretation 1278-1301 Growth of congressional-executive interna- Law as equilibrium and the role of the tional agreements 801-929 Court 30-108 Foreign Relations Textual and structural considerations Congressional-executive 1224-25, 1233-49 agreements 1225-35, 1249-86 The Fuller Court’s construction of Consti- Separation of Powers tution 2027-46 Blurring of the traditional roles of Con- “Topological” considerations in constitu- gress and the Court 316-18 tional interpretation 1235-49 Growth of congressional-executive agree- Criminal Procedure ments as alternatives to treaties Due Process and Supreme Court review of 801-929 capital sentences 162-71 International agreements 1249-78 Delegation Doctrine Proposal to revive delegation doctrine CONSTITUTIONAL LAW 751-56 Abortion Double Jeopardy Abortion as a fundamentally divisive issue Multiple punishments 171-81 1399-1404 Due process of law First Amendment protections for abortion Contempt of court, criminal and protestors 271-80 civil 201-11 Adoption and amendment of Constitution Due process and Supreme Court review of Article V procedures as exclusive means of capital sentences 162-71 amendment 1240-48 Fourteenth Amendment requires judicial Legality or illegality of the Constitution’s excessiveness review of jury-imposed adoption 1288-92 punitive verdicts 211-21, 1305-22 Natural law and adoption of the American Substantive due process 1297-99 Constitution 1206-07 Rational basis review for retroactive tax Theories of Amendment outside Article provision 221-30 V 1240-48, 1286-1301 Equal protection Amendments Equal Protection challenge to university Article V procedures as exclusive means of minority scholarship program 1767-72 amendment 1240-48 Gender discrimination — Batson scrutiny Constructive amendment of the Constitu- for gender-based peremptory strikes tion to allow Congressional-Executive 240-50 agreements as alternatives to treaties Minority undercounting in National Cen- 801-929 sus 971-76 Fourteenth Amendment ratification Peremptory challenges based on foreign 1292-94 language ability 769-74 xii INDEX-DIGEST [Vol. 108 Establishment of religion Role of natural law in judicial Establishmenc Clause violation for school review 1206-07 district created for single religious Legislative powers community 250-60 In general -- growth of congressional-ex- University funding of religious organiza- ecutive agreements 801-929 tions 507-12 International agreement making 1258-72 Executive powers Nondelegation doctrine Treaty power and congressional-executive Proposal to revive nondelegation doctrine agreements 1249-78 751-56 Fair Trial Precedent Batson scrutiny for gender-based pe- Congressional practice as precedent remptory strikes 240-50 1280-82 First Amendment Privacy Injunctions against protest activity 271-80 Unmarried tenants’ right to privacy con- Vitality of the fighting words doctrine fol- cerning marital status 768 lowing R.A.V. 757-62 Racial discrimination Fourteenth Amendment Power of the federal government to pro- Due Process and Supreme Court review of tect individual’s rights against the dis- capital sentences 162-171 criminatory practices of states and Ratification irregularities 1292-94 private actors 109-37 Free exercise of religion Reasonable doubt requirement Religious basis for discrimination against Whether court should define meaning of unmarried tenants 763-68 “reasonable doubt” in its jury Freedom of speech instructions 1955-72 Constitutionality of taxes on advertising Relation between state and federal rights 492 Free exercise rights under U.S. and Alaska Injunctions against protest activity 271-80 constitutions 763-68 Judge Learned Hand’s defense of freedom Right to counsel of speech 936-45 Penalty enhancement under Federal Sen- Procedural requirements for discharge tencing Guidelines for prior uncounseled based on speech 280-90 misderneanor 181-91 Theoretical foundations of the liberal con- Separation of powers cept of free speech 1394-05 Action by an executive official in excess of University funding of religious organiza- statutory authority 302-10 tions 507-12 Judicial reform in Mexico brings new History powers to its Supreme Court 1919-36 Historical argument in constitutional inter- Treaty power 1249-78 pretation 1278-1301 Sixth Amendment International agreement making 1280-86, Loss of Sixth Amendment basis for Batson 1300-01 scrutiny of peremptory strikes 246-50 Origin of American constitutional thought Stare decisis 1202-07 Stare decisis portion of the joint opinion The Fuller Court 2027-46 in Casey 1399-1404 Interpretation State action Populism and constitutional law1196-1201 Expansion of state action doctrine for Role of natural law in judicial Batson scrutiny of peremptory strikes reason 1206-07 248-50 “Topological” considerations in constitu- Substantive due process tional interpretation 1235-48 Alternative textual bases for substantive Judicial powers protections 1297-99 Injunctions against protest activity 271-80 Takings Judicial reform in Mexico 1919-36 Takings standards when land dedication Modes of statutory interpretation as a requirements are imposed 290-300 means of promoting differing visions of Utah requires takings impact analysis by democracy 593-663 agencies and localities 519-24 [Vol. 108 INDEX-DIGEST xiii Theories of adjudication Injunctions against protest activity Supreme Court decisionmaking as a reflec- 271-80 tion of law as institutional equilibrium Relation to legislative and executive 42-56 branches Treaty Clause Re-alignment of duties in accordance with Congressional-executive agreement making institutional abilities 370-71 as alternative to Treaty Clause Supreme Court procedures 1249-78 The Fuller Court 2027-46 Exclusivity of Treaty Clause 1249-78 Joint opinion in Casey read as a formula- Original meaning and constructive amend- tion of the Court’s role in American ment to allow modern congressional-ex- society as a legitimate speaker of consti- ecutive agreement 801-929 tutional vision 1399-1404 Trial by jury Judge Learned Hand’s near appointment Contempt of court, criminal and to the Supreme Court 940-42 civil 20I-II Theories of adjudication Unconstitutional conditions Modes of statutory interpretation as a Unconstitutional conditions related to means of promoting differing visions of Fifth Amendment just compensation democracy 593-063 clause 296-97 Voting rights jurisprudence 109-37 CONSUMER PROTECTION CRIMINAL LAW State and federal statutes In general Proposal for absolute liability for ammuni- Defense rights regarding the use of scien- tion manufacturers 1689-90 tific evidence 1559-70 Philosophical justification of inculpation COPYRIGHT 1423-80 In general Capital Punishment Compared to the right of publicity 687 Due process requires judicial excessiveness Fair use review of jury-imposed death sentences Fair use defense for parodies 331-41 211-21, 1305-22 Phonorecords Defenses Ninth Circuit holds that phonorecord sales Mob mentality defenses IIII-—26 “publish” the underlying musical Double jeopardy composition 2059-64 Multiple punishments 171-81 Habeas corpus CORPORATIONS Actual innocence and scientific evidence In general 1577-82 Control premiums valued for estate tax Jury Selection purposes 693-94 Batson scrutiny of gender-based pe- Foreign corporations remptory strikes 240-50 Foreign corporations 139-49 Peremptory challenges Income taxation Peremptory challenges based on foreign Income taxation of corporations 139-49 language ability 769-74 Rights of stockholders Procedure Disimplication of private rights of action Whether a court should define meaning of for securities fraud, debate regarding “reasonable doubt” in its jury possible SEC action 438-57, 727-50 instructions 1955-72 Prosecutorial discretion COURTS Prosecutorial discretion and post-convic- In genera! tion relief 1571-82 Judicial reform in Mexico 1919-36 Sentencing Particular courts Due process and Supreme Court review of Judge Learned Hand on the Second Cir- capital sentences 162-71 cuit 932-35 Penalty enhancement under Federal Sen- Powers tencing Guidelines for prior uncounseled Contempt of court 20I-II misdemeanor 181-91 xiii xiv INDEX-DIGEST [Vol. 108 Trial Right of a prosecutor to call a defense attorney as a witness 375-80 DAMAGES Criminal Prosecutions In general Due Process and Supreme Court review of Liability for ammunition manufacturers capital sentences 162-71 1679-96 Pre- and post-conviction defense rights to Pain-and-suffering damages in tort law DNA experts and physical evidence for 1787-1917 DNA testing 1557-82 Liberty Interests Abortion treated as a liberty interest under DISCOVERY precedents in Casey joint opinion Access to materials 1399-1404 Pre- and post-conviction defense access to Retroactive Taxation DNA testing, laboratory results, and ac- Retroactive application of a limitation on cess to experts 1557-82 estate tax deduction 221-30 Privilege Substantive Due Process Waivers of attorney-client and work prod- Alternative textual bases for substantive uct protection 1697-1714 protections 1297-99 Trial by Jury DOUBLE JEOPARDY Contempt of court, criminal and In general civil 20I-II Multiple punishments DUE PROCESS OF LAW DUE PROCESS Right of family autonomy Civil Forfeiture of Real Property Criticism of fundamental rights rhetoric Procedural due process 191-201 1979-83 ECONOMICS Policy analysis Corporate Law Taxing advertising to subsidize media con- Disimplication of private rights of action tent diversity 489-04 for securities fraud 438-57, 727-50 In General EDUCATION Economic explanations of group coopera- Equal Protection of the laws tion: interpersonal and intra-group Equal Protection challenge to university status 1019-33 minority scholarship program 1767-72 Economic Regulation Law schools Social costs and benefits of private hand- gun ownership 1682-88 Educating students at Howard Law Enterprise Liability School to become civil rights attorneys Ammunition manufacturer liability 1621-23 1679-96 School finance Group behavior Equity of Michigan statute that concen- Economic theory of group behavior and trates funding at state level 1413-18 intergroup conflict, including race Equal funding required under state consti- discrimination 1005-84 tution’s education clause 781-86 XIV [Vol. 108 INDEX-DIGEST EIGHTH AMENDMENT Marital-status discrimination Capital punishment Housing code protection of unmarried Due process and Supreme Court review of couples 763-68 capital sentences 162-71 Racial discrimination Minority undercounting in national census ELECTIONS 971-76 Voting In environmental regulation 477-82 Voting rights and populism in constitu- Sexual orientation discrimination tional law 1196-1201 Punishment based on homosexuality repre- Voting Rights Act sents threat for traditional gender roles Group representation 109-37 1983-93 EMPLOYMENT ESTATES, ESTATE PLANNING Discrimination In general Economic explanation for the existence of Treatment of the right of publicity in es- racial discrimination 1072-73 tate plans 692-97 Right against discrimination in public em- ETHICS ployment 316 Union labor In general Protected status of paid union organizers Moral development of lawyers 2047-52 Privilege 1341-58 Waivers of attorney-client and work prod- EMPLOYMENT DISCRIMINATION uct protections 1697-1714 In general EVIDENCE Protected status of paid union organizers In general 1341-58 Functional approach to novel scientific evidence 1498-1508 ENTERTAINMENT LAW Newly discovered scientific evidence and Phonorecord copyrights post-conviction remedies 1571-82 Ninth Circuit holds that phonorecord sales Pre- and post-conviction preservation of “publish” the underlying musical compo- evidence 1564-76 sition 2059-64 Scientific evidence and the criminal defense 1532-56 ENVIRONMENTAL LAW Admissibility Hazardous waste disposal Scientific evidence and standards of ad- Racial discrimination in environmental missibility 1532-48 regulation 477-82 Attorney-client privilege National Environmental Policy Act Right of a prosecutor to call a defense at- Comparison to Utah takings impact analy- torney as a witness 775-80 sis 522-23 Burden of Proof Scientific evidence and burdens of proof EQUAL PROTECTION OF THE LAWS 1548-57 In general Expert testimony Populism as threat to equal protection Defense rights to an independent DNA ex- 1196-1201 pert 1559-61 Education Judicial responsibilities in assessing expert Student challenges minority scholarship testimony 1509-31 program 1767-72 Mob mentality defenses 1111-26 Jury selection Novel scientific evidence 1490-1509 Batson scrutiny of gender-based pe- Privilege remptory challenges 240-50 Waivers of attorney-client and work prod- Loss of Sixth Amendment basis for Batson uct protection 1697-1714 scrutiny of peremptory strikes 246-50 Statistics Peremptory challenges based on foreign Scientific evidence, standards of admissi language ability 769-74 bility, and burdens of proof 1532-57 INDEX-DIGEST [Vol. 108 FAMILY AND DOMESTIC RELATIONS FEMINIST THEORY LAW Legal theory Prenuptial agreements Equality and difference feminists’ views Potential for transforming gender roles on divorce reform 1999-2008 1999-2008 Sexuality Reform efforts Judith Butler’s postmodern account of gender 1976-78 Housing code protection of unmarried couples 763-68 FIFTH AMENDMENT Double jeopardy FEDERAL COURTS Multiple punishments 171-81 Powers Takings Subpoena of employees of federal agencies Standards when land dedication require- 965-70 ments are imposed 290-300 Rights and Remedies Voting Rights Act remedies 132-37 FINES Criminal penalties FEDERAL STATUTES Contempt of court Freedom of Access to Clinic Entrances Act FIRST AMENDMENT Freedoms of speech and press First Amendment implications 280 NAFTA Injunctions against protest activity 271-80 Liberal theory and free speech 1394-05 Constitutionality of North American Free Threat to free speech of protest move- Trade Agreement as a congressional-ex- ments posed by RICO 357-61 ecutive agreement 801-929 University funding of religious organiza- National Labor Relations Act tions 507-12 Protected status of paid union organizers Free exercise of religion 1341-58 Religious basis for discrimination against Racketeer Influenced and Corrupt Orga- unmarried tenants 763-68 nizations Act Nonestablishment of religion Economic motive requirement for civil lia- University funding of religious organiza- bility 351-61 tions 507-12 Voting Rights Act Theory Review of book empirically describing im- Content-neutral injunctions against expres- pact 1359-92 sive activity 271-80 Supreme Court interpretations 109-37 FOREIGN AFFAIRS Wagner Act In general Protected status of paid union organizers Congressional-executive 1341-58 agreements 1225-35, 1249-86 Treaty Clause 1249-78 FEDERALISM Commerce Clause FOURTEENTH AMENDMENT Taxation of Foreign Multinational Corpo- In general rations 139-49 Ratification irregularities 1292-94 Legislative grants of monopoly privileges Equal protection of the laws 149-59 Batson scrutiny of gender-based pe- Relations between state and federal rights remptory challenges 240-50 Free exercise rights under U.S. and Alaska Populism as threat to equal protection constitutions 763-68 109-38 Xvi [Vol. 108 INDEX-DIGEST University minority scholarship program FREEDOM OF RELIGION challenged 1767-72 In general Religious basis for discrimination against FRAUD unmarried tenants 763-68 Securities Fraud Disimplication of private rights of action FREEDOM OF SPEECH for securities fraud, debate 438-57, In general 727-50 Injunctions against protest activity 271-80 Judge Learned Hand’s defense of freedom FREEDOM OF EXPRESSION of speech 936-45 In general Chilling effect Injunctions against protest activity 271-80 Of civil liability under RICO on protest Advertising groups’ speech 357-61 Stifling effects of advertising on freedom Of advertising on editorial content 489-94 of expression 489-04 Theory Content-neutral injunctions against expres- FREEDOM OF PRESS sive activity 271-80 In general Liberal theory and free speech 1394-95 History and development of newspaper publishing 491-92 Access Vertically integrated monopolies in mass media and access to means of transmission 491-04 GAME THEORY GAY MEN AND LESBIANS In general Civil Rights Implications for group behavior 1009-33 Discussion of Braschi interpretation of “family” 611-13 HABEAS CORPUS In the United States Collateral attack on state court convic- Ideal of the lawyer-statesman 458-68 tions Tort law Scientific evidence as newly discovered Attempts to hold firearm manufacturers evidence of actual innocence 1571-82 strictly liable 1690-96 United States HERMENEUTICS Constitutional thought in the American In General Revolution 1202-07 Modes of statutory interpretation as means of promoting differing visions of HOMOSEXUALITY democracy 593-663 Civil Rights Comparison of legal treatment of homo- HISTORY OF LAW sexuals and transsexuals 1990-03 In general Discussion of Braschi interpretation of Mexican judicial reform 1919-36 “family” 611-13 English legal history English constitutional thought in the American Revolution 1202-07 XVii XViii INDEX-DIGEST [Vol. 108 HOUSING HUMAN RIGHTS Discrimination In general Discussion of Braschi interpretation of Capital punishment in international law “family” 611-13 483-88 Unmarried couples’ rights against a land- lord’s free exercise challenge 763-68 INCOME TAX INTERNATIONAL LAW Corporations In general Taxation of foreign multinational corpora- Congressional-executive agreements as al- tions 139-49 ternative to treaties 1249-78 State taxation Congressionzl-Executive Agreements Double jeopardy for multiple punishments Growth and legitimacy of congressional- 171-81 executive agreements 801-924 Executive agreements INDIAN LAW In general Source of constitutional authority 1265-69 Treatymaking and agreement making Foreign Sovereign Immunities Act 1262-64 Jus cogens violation as waiver of sovereign immunity 513-18 INJUNCTIONS Human rights Nature and scope Capital punishment in _ international Content-neutral injunctions against expres- law 483-88 sive activity 271-80 Judicial reform in Mexico IgIQ—"~ Criminal contempt of court for violation Intergovernmental organizations of complex, out-of-court injunc- Constitutionality of the World Trade Or- tion 201-11 ganization 916-29 World ‘Trade Organization Agree- INSURANCE ment 1226-27, 1230, 1234-35 Health National health insurance reform 1323-40 Treaties Congressional-executive agreements as al- INTELLECTUAL PROPERTY ternatives to treaties 1249-78 Right of publicity Constructive amendment of Treaty Clause Descendible publicity rights and treatment to allow congressional-executive agree- in estate plans 683-700 ments 801-924 Methods of valuation 688-92 Exclusivity of Treaty Clause 1249-78 JUDGES Administrative agencies Particular Judges Judicial review of action by an executive Comparison of Judge Learned Hand and official alleged to be in excess of his Justice Oliver Wendell Holmes 936-40 statutory authority 302-10 Review of biography of Learned Statutory waivers for welfare experiments Hand 931-46 subject to judicial review 1208-13 History JUDICIAL REVIEW The Fuller Court 2027-46 In general Judicial reform in Mexico 1919-36 XViii