Table Of Content

ESSAYS — AUTHOR’S INDEX ERWwIN CHEMERINSKY, A Framework for Analyzing the Constitutionality of Restrictions on Federal Court Jurisdiction in Immigration Cases Kevin H. Smitu, Practical Jurisprudence: Deconstructing and Synthesizing the Art and Science of Thinking Like a Lawyer ESSAYS — TITLE INDEX A Framework for Analyzing the Constitutionality of Restrictions on Federal Court Jurisdiction in Immigration Cases, ERwin CHEMERINSKY Practical Jurisprudence: Deconstructing and Synthesizing the Art and Science of Thinking Like a Lawyer, Kevin H. SMITH LEAD ARTIC— LAUETHOSR’ S INDEX Luis ANTONETTI, A Modern Approach to Pregnancy Discrimination: Puerto Rico’s Working Mothers Protection Act THOMAS H. BARNARD, TimotHy J. DowninG, Emerging Law on Sexual Orientation and Employment Douctas A. Biair, The “PIP” Regulations in Perspective: Analysis and Comparisons With Other Federal Regulations Governing Physician Incentive Plans Katuy L. Cerminara, Protecting Participants in and Beneficiaries of ERISA-Governed Managed Health Care Plans Lewis R. Hacoop, Claims of Mental and Emotional Damages in Employment Discrimination Cases Rosert M. Horkovicu, ADAM A. REEVES, PETER J. ANDREWS, Jnsurance Coverage for Employee Theft Losses: A Policyholder Primer on Commonly Litigated Issues Puiuip K. Lyon, Bruce H. Puituirs, Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth: Sexual Harassment Under Title VII Reaches Adolescence RICHARD C. MARIANI, KIMBERLY E. ROBERTSON, Representations of Total Disability on Claims for Social Security Benefits: Powerful, But Not Conclusive, Evidence That the Claimant Is Not a Qualified Individual With a Disability Under the ADA Desra A. MILLENSON, W(h)ither Affirmative Action: The Future of Executive Order 11,246 Harvey RoseEnrFigELD, Auto Insurance: Crisis and Reform DonaLp J. Spero, State Immunity to Suits in Federal Court Under Federal Employment Laws After Seminole Tribe v. Florida CaTHY VENTRELL-Monsees, “Take the Money and Run or It’s Too Late Baby”: Early Retirement Incentives and the Age Discrimination in Employment Act 901 902 The University of Memphis Law Review CHARLES C. WARNER, Motions in Limine in Employment Discrimination Litigation LEAD ARTICLES — TITLE INDEX Auto Insurance: Crisis and Reform, HaRvEY ROSENFIELD Claims of Mental and Emotional Damages in Employment Discrimination Cases, Lewis R. HAGoopD Emerging Law on Sexual Orientation and Employment, Tuomas H. BARNARD, TIMOTHY J. DOWNING Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth: Sexual Harassment Under Title VII Reaches Adolescence, Puitip K. Lyon, Bruce H. PHILLIPS Insurance Coverage for Employee Theft Losses: A Policyholder Primer on Commonly Litigated Issues, RopeERT M. Horkovicu, ADAM A. REEVES, PETER J. ANDREWS A Modern Approach to Pregnancy Discrimination: Puerto Rico’s Working Mothers Protection Act, Luis ANTONETTI Motions in Limine in Employment Discrimination Litigation, CHaARLEs C. WARNER The “PIP” Regulations in Perspective: Analysis and Comparisons With Other Federal Regulations Governing Physician Incentive Plans, Douacs A . BLAIR Protecting Participants in and Beneficiaries of ERISA-Governed Managed Health Care Plans, Katuy L. CERMINARA Representations of Total Disability on Claims for Social Security Benefits: Powerful, But Not Conclusive, Evidence That the Claimant Is Not a Qualified Individual With a Disability Under the ADA, RICHARD C. MarIANI, KIMBERLY E. ROBERTSON State Immunity to Suits in Federal Court Under Federal Employment Laws After Seminole Tribe v. Florida, DONALD J. SPERO “Take the Money and Run or It’s Too Late Baby”: Early Retirement Incentives and the Age Discrimination in Employment Act, CaTHY VENTRELL-MONSEES Wih)ither Affirmative Action: The Future of Executive Order 11,246, Desra A. MILLENSON NOTES — TITLE INDEX Balancing the Budget on the Backs of America’s Elderly—Section 4734 of the Balanced Budget Act: Criminalization of the Attorney’s Role as Advisor and Counselor Covenant Marriage: Should Tennessee Join the Noble Experiment? 1999 Index The Seat Belt Defense in Tennessee: The Cutting Edge COMMENTS — TITLE INDEX Aka v. Washington Hospital Center: The District of Columbia Circuit Seeks Middle Ground in the Pretext-Only/Pretext-Plus Debate Barnett v. U.S. Air, Inc.: The Interactive Process and the ADA Carr v. United Parcel Service: Individual Liability Under the Tennessee Human Rights Act Chase v. City of Memphis: The Tennessee Governmental Tort Liability Act Meets the Special Duty Doctrine Pounders v. Watson: Summary Contempt—Zealous Advocates Beware! State v. Carson: A Misguided Attempt to Retain the Natural and Probable Consequence Doctrine of Accomplice Liability Under the Current Tennessee Code State v. Downey: Sobriety Roadblocks Under Article I, § 7, of the Tennessee Constitution ae. x raphuetne Aeaenas