Table Of Content

LEAD ARTICLES—AUTHOR’S INDEX Bucu. RONALD A., Educational Debts Under The Bankruptcy Code Burcu, Lucius E, Jr. The Education of A Lawyer CarTER. JOHN C.. The Rights of Other Corporate Constituencies Correia. Epwarp. How to Reform the McCarran-Ferguson Act DuNHAM. DarRELL. Educational Debts Under the Bankruptcy Code Fratt, WittiAM D. When The Earth Moves and Buildings Tumble, Who Pay?—Tort Liability and Defenses for Earthquake Damage within the Madrid Fault Zone JaMES. STUART. Tennessee's Theories of Misrepresentation KLINER, WESLEY R.. When The Earth Moves and Buildings Tumble, Who Pay?—Tort Liability and Defenses For Earthquake Damage Within The Madrid Fault Zone MANUEL. Joe E.. Tennessee's Theories of Misrepresentation RupDOLPH. SARAH E.. Blackstone's Vision Of Alternative Dispute Resolution SaBINO, ANTHONY MICHAEL. “And Unequal Justice for All’—Bankruptcy Court Jurisdiction under the Equal Access to Justice Act SCHWEITZER. THOMAS A.. Deference To Agency Interpretations of Regulations: A Post-Chevron Assessment Tapp. STEPHEN KYLE. Computer Software Copyright Issues: Section 117 and Fair Use Wanar. DANiEL E.. Computer Software Copyright Issues: Section 117 and Fair Use Weaver. RusseLt L.. Deference To Agency Interpretations of Regulations: A Post- Chevron Assessment LEAD ARTICLE—TITLE INDEX “And Unequal Justice for All’—Bankruptcy Court Jurisdiction under the Equal Access to Justice Act, ANTHONY MICHAEL SaBINO Blackstone's Vision Of Alternative Dispute Resolution, SAakAH E. RUDOLPH Computer Software Copyright Issues: Section 117 and Fair Use, STEPHEN KYLE Tapp AND Danie E. WANAT Deference To Agency Interpretations of Regulations: A Post-Chevron Assessment, Russet L. WEAVER AND THOMAS A. SCHWEITZER Educational Debts Under the Bankruptcy Code, DARRELL DUNHAM AND RONALD A BUCH How to Reform the McCarran-Ferguson Act, EDWARD CORREIA The Education of a Lawyer, Lucius E. Burcu, Jr Tennessee's Theories of Misrepresentation, Joe E.M ANUEL AND STUART F. James The Rights of Other Corporate Constituencies, JouN C. CARTER When the Earth Moves and Buildings Tumble, Who Will Pay?—Tort Liability and Defenses for Earthquake Damage within the New Madrid Fault Zone, WESLEY R. KLINER AND WILLIAM D. FLATT STUDENT ARTICLES The Architectural Works Copyright Protection Act of 1990: A Solution or a Hin- drance, MICHAEL SCHOLL Memphis State University Law Review NOTES—TITLE INDEX ARTICLE III AND Jury TRIALS IN BANKRUPTCY BANKRUPTCY—A REVIEW OF RECENT Court DECISIONS APPLYING SECTION 707(b) OF THE BANKRUPTCY CODE TO CHAPTER 7 PROCEEDINGS DECEDENT’S EsTaTES: THE RIGHTS OF ADOPTED PERSONS UNDER TENNESSEE'S De- SCENT AND DISTRIBUTION AND ADOPTION STATUTES TO TAKE BY INTESTATE SUCCESSION OR BY WILL OR TRUST DNA FINGERPRINTING: THE DEFINITIVE EVIDENCE IN A CRIMINAL TRIAL FETAL PROTECTION—AN OVERVIEW OF RECENT STATE LEGISLATIVE RESPONSE TO CRACK COCAINE ABUSE BY PREGNANT WOMEN PATENT LAaw—SHOULD GENETICALLY ENGINEERED HUMAN BEINGS BE PATENTA- BLE? PROTECTING PERSONAL INFORMATION FROM UNAUTHORIZED GOVERNMENT DISCLO- SURE STATUTORY TAX PENALTIES AND EQUITABLE RELIEF: THE COMMON LAW BREAKS Down THE CRUMMEY POWER AND INTER-VIVOS TRUSTS: AN ANALYSIS OF ESTATE, GIFT AND INCOME TAX CONSEQUENCES TO THE TRUST BENEFICIARY THE PHARMACISTS DUTY TO WARN WHEN DISFENSING PRESCRIPTION DruGs: RE- CENT TENNESSEE DEVELOPMENTS WHEN OrFr-Duty GOVERNMENT OFFICIALS ACT UNDER COLor OF STaTE Law For THE Purposes OF SECTION 1983 CASE COMMENTS The following cases were the subject of case comments Bass v. Bass 2:391 Buhl v. US Sprint Communications Co 843 California v. Acevedo 831 Carr v. Borchers 2:357 Cowe by Cowe v. Forum Group, Inc 2:879 Faugnender v. City Of North Olmsted 865 Harmelin v. Michigan 2:373 Higgins v. Oil, Chemical And Atomic Workers International Union, # 3-677 2:855 In re Rinehardt 157 Lazy Seven Coal Sales, Inc. v. Stone & Hinds, P.C 169 Malkiewicz v. R.R. Donnelly & Sons Co 611 Papas v. Upjohn 621 Payne v. Tennessee 2:135 Pinner v. Lanier 22:597 Ragin v. New York Times 22:401 Index DIGEST ADMINISTRATIVE LAW Faughender v. City of North Olm- Deference To Agency Interpreta- sted: First Amendment Limita- tions of Regulations: A Post- tions on Patronage Hirings and Chevron Assessment Firings Harmelin v. Michigan: The Con- ANTITRUST tinuing Saga of Proportionalit How to Reform the McCarran- Review Under the Eighth Ferguson Act Amendment Papas v. Upjohn: Federal Preemp- ARBITRATION tion of State Common Law Tort Blackstone’s Vision of Alternative Claims Based on Claims of In- Dispute Resolution adequate Labeling under FIFRA Payne v. Tennessee: The Admissi- bility of Victim Impact State- BANKRUPTCY ments—A Move Toward Less “And Unequal Justice for Rational Sentencing All’—Bankruptcy Court Juris- diction under the Equa! Access CONTRACT LAW to Justice Act 22:453 Higgins v. Oil, Chemical and Article III and Jury Trials in Atomic Workers International Bankruptcy 22-57] Union, Local #3-677 Muddying Bankruptcy A Review of Recent the Waters of Mutual Assent 22:855 Court Decisions Applying Sec- tion 707(b) of the Bankruptcy COPYRIGHT Code to Chapter 7 Proceedings Computer Software Copyright Is- Educational Debts Under The sues: Section 117 and Fair Use Bankruptcy Code The Architectural Works Copy- right Protection Act of 1990: A CIVIL PROCEDURE Solution Or Hindrance Carr v. Borchers Tennessee s Non- Resident Motorist Statute Re- CORPORATIONS visited The Rights of Other Corporate In re Rinehardt: A Party's At- Constituencies tempt to Appeal an Interlocu- CRIMINAL LAW tory Order of Discovery by Con- California v. Acevedo: The Erosion triving a Contempt Citation of the Fourth Amendment Right igainst Its Designated Non- to be Free From Unreasonable party Witness Searches Fetal Protection—An Overview of CIVIL RIGHTS Recent State Legislative Re- Fair Housing Act—Ragin v. New sponse to Crack Cocaine Abuse York Times: /s it Time to End by Pregnant Women 22:119 the Use of Models in Housing Payne v. Tennessee The Admissi idvertisements? 22:401 bility of Victim Impact State- When Off-Duty Government Offi- ments A Move Toward Less cials Act Under Color Of State Rational Sentencing Law For The Purposes Of Sec- tion 1983 DECEDENT’S ESTATES Decedent's Estates: The Rights of CONSTITUTIONAL LAW Adopted Persons Under Tennes- Article III and Jury Trials in see’s Descent and Distribution Bankruptcy and Adoption Statutes to Take 892 Memphis State University Law Review [Vol. 22 by Intestate Succession or by TAX Will or Trust Statutory Tax Penalties and Equi- The Crummey Power and Inter- table Relief: The Common Law vivos Trusts: An Analysis of Es- Breaks Down tate, Gift, and Income Tax Con- The Crummey Power and Inter- sequences to the Trust Benefi- vivos Trusts: An Analysis of Es- ciary tate, Gift, and Invome Tax Con- sequences to the Trust Benefi- EVIDENCE ciary DNA Fingerprinting: The Defini- tive Evidence in a Criminal Trial TORT LAW Payne v. Tennessee: The Admissi- Cowe by Cowe v. Forum Group, bility of Victim Impact State- Inc.: Wrongful Life and the Di- ments—A Move Toward Less lemma of Comparing Impaired Rational Sentencing Existence With Nonexistence Malkiewicz v. R.R. Donnelly & PARTNERSHIP Sons Co.: Shieiding the Guaran- Bass v. Bass: Implied Partnership tor under the Tennessee Work- Between Nonmarried Cohabi- ers’ Compensation Law tants Papas v. Upjohn: Federal Preemp- tion of State Common Law Tort PATENT LAW Claims Based on Claims of In- Should Genetically Engineered adequate Labeling under FIFRA Human Beings Be Patentable? Pinner v. Lanier: Corporal Punish- ment and the Discretionary) PRIVACY Function Immunity under the Protecting Personal Information Tennessee Governmental Tort From Unauthorized Government Liability Act Disclosure Tennessee's Theories of Misrepre- PROFESSIONAL RESPONSIBILITY sentation Lazy Seven Coal Sales, Inc. v The Pharmacists Duty to Warn Stone & Hinds, P.C.: The Code When Dispensing Prescription of Professional Responsibility Drugs: Recent Tennessee Devel- as a Basis for Attorney Liability opments When the Earth Moves and Build- PROPERTY ings Tumble, Who Will Buhl v. US Sprint Communica- Pay?—Tort Liability and De- tions Co Ascertaining the fenses for Earthquake Damage Rights of Fee Owners on Whose within the New Madrid Fault Land a Railroad Easement Ex- Zone ists Jones v. Jones: Overcoming the Presumption of Delivery C