Table Of Content

VOLUME XXII INDEX Address Remarks for California Women Lawyers, Justice Ruth Bader Ginsburg Article Index Administrative Mandamus as a Prerequisite to Inverse Condemnation: “Healing” California’s Confused Takings Law, Sharon L. Browne The After-Acquired Evidence Doctrine: A Dubious Defense in Employment Discrimination Cases, Kenneth R. Davis A First Amendment Exception to the “Collateral Bar” Rule: Protecting Freedom of Expression and the Legitimacy of Courts, Richard Labunski The Death of an Unborn Child: Jurisprudential Inconsistencies in Wrongful Death, Criminal Homicide, and Abortion Cases, Murphy S. Klasing Holding Juveniles Accountable: Reforming America’s “Juvenile Injustice System”, Ralph A. Rossum Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents and Proponents: A California Sample, Robert J. Robinson Issues and Problems in “Other Insurance,” Multiple Insurance, and Self-Insurance, Douglas R. Richmond Proposed Legislation Concerning a Lawyer’s Duty of Confidentiality, Roger C. Cramton The Prosecution of Trade Secrets Under Thefts Under Federal Law, Peter J.G. Toren Recent Developments in California Insurance Law: Enforceability of Stipulated Judgments Against Insurance Carriers, Steven L. Paine, Wynn Heather Sourial Reopening a Warn Issue: A Two-Step Approach to Determining an Employer’s Obligation to Recognize a Union When it Reopens a Plant, David M. Lester The Washington Redskins Case and the Doctrine of Disparagement: How Politically Correct Must a Trademark Be?, Kimberly A. Pace “Your Honor What I Meant To State Was... .”: A Comparative Analysis of the Judicial and Evidentiary Admission Doctrines as Applied to Counsel Statements in Pleadings, Open Court, and Memoranda of Law, Ediberto Roman Author Index Browne, Sharon L., Administrative Mandamus as a Prerequisite to Inverse Condemnation: “Healing” California’s Confused Takings Law Cramton, Roger C., Proposed Legislation Concerning a Lawyer’s Duty of Confidentiality Davis, Kenneth R., The After-Acquired Evidence Doctrine: A Dubious Defense in Employment Gallagher, William T., Ideologies of Professionalism and the Politics of Self-Regulation in the California State Bar Klasing, Murphy S., The Death of an Unborn Child: Jurisprudential Inconsistencies in Wrongful Death, Criminal Homicide, and Abortion Cases Labunski, Richard, A First Amendment Exception to the “Collateral Bar” Rule: Protecting Freedom of Expression and the Legitimacy of Courts Lester, David M., Reopening a Warn Issue: A Two-Step Approach to Determining an Employer’s Obligation to Recognize a Union When it Reopens a Plant Pace, Kimberly A., The Washington Redskins Case and the Doctrine of Disparagement: How Politically Correct Must a Trademark Be? Paine, Steven L., Recent Developments in California Insurance Law: Enforceability of Stipulated Judgments Against Insurance Carriers Richmond, Douglas R., Issues and Problems in “Other Insurance,” Multiple Insurance, and Self-Insurance Robinson, Robert J., Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents and Proponents: A California Sample Roman, Ediberto, “Your Honor What I Meant To State Was... .”: A Comparative Analysis of the Judicial and Evidentiary Admission Doctrines as Applied to Counsel Statements in Pleadings, Open Court, and Memoranda of Law Rossum, Ralph A., Holding Juveniles Accountable: Reforming America’s “Juvenile Injustice [Vol. 22: 1803, 1995] Volume XXII Index PEPPERDINE LAW REVIEW Sourial, Wynn Heather, Recent Developments in California Insurance Law: Enforceability of Stipulated Judgments Against Insurance Carriers Toren, Peter J.G., The Prosecution of Trade Secrets Thefts Under Federal Law California Practicum Administrative Mandamus as a Prerequisite to Inverse Condemnation: “Healing” California’s Confused Takings Law, Sharon L. Browne Ideologies of Professionalism and the Politics of Self-Regulation in the California State Bar, William T. Gallagher Proposed Legislation Concerning a Lawyer’s Duty of Confidentiality, Roger C. Cramton Recent Developments in California Insurance Law: Enforceability of Stipulated Judgments Against Insurance Carriers, Steven L. Paine, Wynn Heather Sourial Casenotes Board of Education of Kiryas Joel Village School District v. Grumet: The Supreme Court Shall Make No Law Defining an Establishment of Religion, Joanne Kuhns Building the House on a Weak Foundation: Edenfield v. Fane and the Current State of the Commercial Speech Doctrine, Dennis William Bishop The Death of the Voting Rights Act or an Exercise in Geometry—Shaw v. Reno Provides More Questions Than Answers, Michael J. Moffatt The Fugitive Dismissal Rule: Ortega-Rodriguez Takes the Bite Out of Flight, Anthony Michael Altman Comments Children of a Lesser God: Should the Fourteenth Amendment be Altered or Repealed to Deny Automatic Citizenship Rights and Privileges to American Born Children of Illegal Aliens?, Robert J. Shulman Contracting Employment Disputes Out of the Jury System: An Analysis of the Implementation of Binding Arbitration in the Non-Union Workplace and Proposals to Reduce the Harsh Effects of a Non-Appealable Award, Michele M. Buse Delaware’s Duty to Auction After Paramount Communications, Inc. v. QVC Network, Inc., Robert D. Ming It's All Fun and Games Until Someone Loses an Eye: An Analysis of University Liability for Actions of Student Organizations, Jennifer L. Spaziano Stop Biting the Hand That Feeds Us: Safeguarding Sustainable Development Through the Application of NEPA’S Environmental Impact Statement to International Trade Agreements, Jose A. Egurbide Unconstitutional Regulatory Seizures Under The Federal Deposit Insurance Corporation Improvement Act of 1991: The Final Blow to the Independence of National Banks, Craig Boyd Garner The Utility of Personal Service Corporations for Athletes, Bret M. Kanis Valuing the Environment: NOAA's New Regulations Under The Oil Pollution Act of 1990, Ronald M. Pierce Subject Matter Index Alternative Dispute Resolution Contracting Employment Disputes Out of the Jury System: An Analysis of the Implementation of Binding Arbitration in the Non-Union Workplace and Proposals to Reduce the Harsh Effects of a Non-Appealable Award Appellate Review The Fugitive Dismissal Rule: Ortega-Rodriguez Takes the Bite Out of Flight Lakin v. Watkins Associated Industries People v. Cahill Tavaglione v. Billings Arbitration Contracting Employment Disputes Out of the Jury System: An Analysis of the Implementation of Binding Arbitration in the Non-Union Workplace and Proposals to Reduce the Harsh Effects of a Non-Appealable Award Attorneys at Law General Dynamics Corp. v. Superior Court Banking Law Unconstitutional Regulatory Seizures Under the Federal Deposit Insurance Corporation Improvement Act of 1991: The Final Blow to the Independence of [Vol. 22: 1803, 1995] Volume XXII Index PEPPERDINE LAW REVIEW Bar Associations Ideologies of Professionalism and the Politics of Self-Regulation in the California State Bar Boundaries Bryant v. Blevins Civil Procedure Administrative Mandamus as a Prerequisite to Inverse Condemnation: “Healing” California’s Confused Takings Law Alexander v. Superior Court A First Amendment Exception to the “Collateral Bar” Rule: Protecting Freedom of Expression and the Legitimacy of Courts Recent Developments in California Insurance Law: Enforceability of Stipulated Judgments Against Insurance Carriers “Your Honor What I Meant To State Was. . .”: A Comparative Analysis of the Judicial and Evidentiary Admission Doctrines as Applied to Counsel Statements in Pleadings, Open Court, and Memoranda of Law Civil Rights The After-Acquired Evidence Doctrine: A Dubious Defense in Employment Board of Education of Kiryas Joel Village School District v. Grumet: The Supreme Court Shall Make No Law Defining an Establishment of Religion It’s All Fun and Games Until Someone Loses an Eye: An Analysis of University Liability for Actions of Student Organizations Jennings v. Marralle The Washington Redskins Case and the Doctrine of Disparagement: How Politically Correct Must a Trademark Be? Community Property In re Marriage of Hilke Computers and Technology The Prosecution of Trade Secrets Thefts Under Federal Law Condominiums Nahrstedt v. Lakeside Village Condominium Ass'n, Inc. ..............-2005- 22:1692 Constitutional Law The After-Acquired Evidence Doctrine: A Dubious Defense in Employment Board of Education of Kiryas Joel Village School District v. Grumet: The Supreme Court Shall Make No Law Defining an Establishment of Religion Building the House on a Weak Foundation: Edenfield v. Fane and the Current State of the Commercial Speech Doctrine Children of a Lesser God: Should the Fourteenth Amendment be Altered or Repealed to Deny Automatic Citizenship Rights and Privileges to American Born Children of Illegal Aliens? The Death of an Unborn Child: Jurisprudential Inconsistencies in Wrongful Death, Criminal Homicide, and Abortion Cases A First Amendment Exception to the “Collateral Bar” Rule: Protecting Freedom of Expression and the Legitimacy of Courts The Fugitive Dismissal Rule: Ortega-Rodriguez Takes the Bite Out of Flight Hill v. National Collegiate Athletic Ass’n People v. Adams People v. Banks Planned Parenthood Shasta-Diablo, Inc. v. Williams Traverso v. People ex. rel Department of Transportation Unconstitutional Regulatory Seizures Under the Federal Deposit Insurance Corporation Improvement Act of 1991: The Final Blow to the Independence of National Banks The Washington Redskins Case and the Doctrine of Disparagement: How Politically Correct Must a Trademark Be? Contract Law Issues and Problems in “Other Insurance,” Multiple Insurance, and Self-Insurance Copyright and Trademark The Washington Redskins Case and the Doctrine of Disparagement: How Politically Correct Must a Trademark Be? Corporate Law Delaware’s Duty to Auction After Paramount Communications, Inc. v. QVC Network, Inc The Prosecution of Trade Secrets Thefts Under Federal Law The Utility of Personal Service Corporations for Athletes [Vol. 22: 1803, 1995} Volume XXII Index PEPPERDINE LAW REVIEW Counties Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of Directors. .....0.0. c.c e.e ce.ee.cee.eee s 22:813 Courts and Procedure Administrative Mandamus as a Prerequisite to Inverse Condemnation: “Healing” California’s Confused Takings Law A First Amendment Exception to the “Collateral Bar” Rule: Protecting Freedom of Expression and the Legitimacy of Courts Holding Juveniles Accountable: Reforming America’s “Juvenile Injustice System” Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents and Proponents: A California Sample Recent Developments in California Insurance Law: Enforceability of Stipulated Judgments Against Insurance Carriers “Your Honor What I Meant To State Was. . .”: A Comparative Analysis of the Judicial and Evidentiary Admission Doctrines as Applied to Counsel Statements in Pleadings, Open Court, and Memoranda of Law Criminal Law The Fugitive Dismissal Rule: Ortega-Rodriguez Takes the Bite Out of Flight Holding Juveniles Accountable: Reforming America’s “Juvenile Injustice System” NE A MIE 6, ee 6 086- vinta o!0 .00 Gre SWS 0.w o @ 0 c.0 wie 0 aleterene arena 22:1199 In re Jovan B. In re Manuel L. In re Tyrell J. Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents and Proponents: A California Sample People v. Arreola People v. Balcom People v. Bransford People v. Colantuono. People v. Ernst People v. Ewoldt People v. Hobbs People v. Iniguez. People v. Jones People v. Latimer People v. Montoya People v. Ochoa People v. Saunders : NN 2 in: 56 0'ese we aces yes ares. 5 Wile wratg whO emia Wsp ig airs)w aa S Slaw ato: ere 22:8 35 The Prosecution of Trade Secrets Thefts Under Federal Law Provigo Corp. v. Alcoholic Beverage Control Appeals Board. Criminal Procedure A First Amendment Exception to the “Collateral Bar” Ruie: Protecting Freedom of Expression and the Legitimacy of Courts The Fugitive Dismissal Rule: Ortega-Rodriguez Takes the Bite Out of Flight Holding Juveniles Accountable: Reforming America’s “Juvenile Injustice System” Irreconcilable Differences: Yet More Attitudinal Discrepancies Between Death Penalty Opponents and Proponents: A California Sample People v. McClellan Death Penalty People v. Bacigalupo People v. Webb Dissolution of Marriage In re Marriage of Damico Education Board of Education of Kiryas Joel Village School District v. Grumet: The Supreme Court Shall Make No Law Defining an Establishment of Religion Election Law The Death of the Voting Rights Act or an Exercise in Geometry—Shaw v. Reno Provides More Questions Than Answers Eminent Domain Administrative Mandamus as a Prerequisite to Inverse Condemnation: “Healing” California’s Confused i Law Employment Law The After-Acquired Evidence Doctrine: A Dubious Defense in Employment Contracting Employment Disputes Out of the Jury System: An Analysis of the Implementation of Binding Arbitration in the Non-Union Workplace and Proposals to Reduce the Harsh Effects of a Non-Appealable Award 1810 [Vol. 22: 1803, 1995} Volume XXII Index PEPPERDINE LAW REVIEW I PII oo die: etd eele ia.esdher 66.h ae 414 « 60.0 0.0 Saterele ated eilametes 22:839 Reopening a Warn Issue: A Two-Step Approach to Determining an Employer’s Obligation to Recognize a Union When it Reopens a Plant Entertainment Law The Utility of Personal Service Corporations for Athletes Environmental Law Sierra Club v. State Board of Forestry Stop Biting the Hand That Feeds Us: Safeguarding Sustainable Development Through the Application of NEPA’S Environmental Impact Statement to International Trade Agreements Valuing the Environment: NOAA's New Regulations Under The Oil Pollution Act of 1990 Evidence People v. Leahy “Your Honor What I Meant To State Was. . .”: a A Comparative Analysis of the Judicial and Evidentiary Admission Doctrines as Applied to Counsel Statements in Pleadings, Open Court, and Memoranda of Law Family Law MU NTE 65 65a ires6 .o ie & Sek oaths wae he ere RRO 0's wcll aieewsa Bre ace eg 22:297 Healing Arts and Institutions Flowers v. Torrance Memorial Hospital Medical Center Western S.S. Lines v. San Pedro Peninsula Hospital. ..................0000- 22:1308 Immigration Law Children of a Lesser God: Should the Fourteenth Amendment be Altered or Repealed to Deny Automatic Citizenship Rights and Privileges to American Born Children of Illegal Aliens? Independent Contractors Issues and Problems in “Other Insurance,” Multiple Insurance, and Self-Insurance Insurance Law Bay Cities Paving & Grading Inc. v. Lawyers’ Mutual Insurance Co Horace Mann Insurance Co. v. Barbara B. Issues and Problems in “Other Insurance,” Multiple Insurance, and Self-Insurance Montrose Chemical Corp. v. Superior Court Recent Developments in California Insurance Law: Enforceability of Stipulated Judgments Against Insurance Carriers Weil v. Federal Kemper Life Assurance Co. .....c.ec.e e.ee. e.ee .ee ns 22:851 Intellectual Property The Prosecution of Trade Secrets Thefts Under Federal Law The Washington Redskins Case and the Doctrine of Disparagement: How Politically Correct Must a Trademark Be? International Law Stop Biting the Hand That Feeds Us: Safeguarding Sustainable Development Through the Application of NEPA’S Environmental Impact Statement to International Trade Agreements Inverse Condemnation Administrative Mandamus as a Prerequisite to Inverse Condemnation: “Healing” California’s Confused Juvenile Law Alfredo A. v. Superior Court Holding Juveniles Accountable: Reforming America’s “Juvenile Injustice System” Labor Law The After-Acquired Evidence Doctrine: A Dubious Defense in Employment Discrimination Cases Contracting Employment Disputes Out of the Jury System: An Analysis of the Implementation of Binding Arbitration in the Non-Union Workplace and Proposals to Reduce the Harsh Effects of a Non-Appealable Award Reopening a Warn Issue: A Two-Step Approach to Determining an Employer’s Obligation to Recognize a Union When it Reopens a Plant Law and Economics Issues and Problems in “Other Insurance,” Multiple Insurance, and Self-Insurance 1812