Table Of Content

INDEX TO VOLUME XXVI AUTHOR INDEX TO ARTICLES, COMMENTS, AND NOTES BARGER, RICHARDS D. AND MUELLER, EUGENE E.: “Speaking With One Voice”: Constitutional Failure of State Insurance Govern- ment Ownership Statues BARRETT, ROBERT AND FOLBERG, JAY AND ROSENBERG, JOSHUA: Use of ADR in California Courts: Findings & Proposals BOHANNON, ELIZABETH K.: Nonprofit Voter Registration Groups and the Electoral Process BROWN, DOUGLAS S. AND GREEN, EDWIN W.: Back to the Future: Proposals for Restructuring Civil Discovery DAYTON, KIM: Case Management in the Eastern District of Virginia DONOVAN, MOLLY AND SHATZ, STEVEN F. AND HONG, JEANNE: The Strip Search of Children and the Fourth Amendment DOWLING, WILLIAM J.: Is There Any Hope for the Ce/otex Rule on Summary Judgment Motions in California? ................... DUDLEY, EARL C., JR.: Discovery Abuse Revisited: Some Specific Proposals to Amend the Federal Rules of Civil Procedure FARRIS, JULI E. AND FREEMAN, ANDREW D.: Grassroots Impact Litigation: Mass Filing of Small Claims FERRER, EUGENE Y.: Tax Treatment of Interest Rate Swaps at Dis- posal: Should Swap Participants Have Their Cake and Eat It NE SSSR REAAAS AR SOLS Shh RD AWENS CHORE RO EES FOLBERG, JAY AND ROSENBERG, JOSHUA AND BARRETT, ROBERT: Use of ADR in California Courts: Findings & Proposals FREEMAN, ANDREW D. AND FARRIS, JULI E.: Grassroots Impact Litigation: Mass Filing of Small Claims GALLOWAY, RUSSELL W., JR.: Basic Substantive Due Process Analy- GEE, MELISSA K.: A Jury Drawn From a Fair Cross-Section of the Community—A Fading Memory?: People v. Sanders GETTLER, GAIL A.: Rewriting the 1984 Bail Reform Act to Permit Indefinite Pretrial Detention: United States v. Montalvo-Murillo GORDON, GREGORY S.: A Family Farmer and a Deficient Definition: A Search for Analytic Criteria to Classify Hybrid Property in Cal- ifornia Purchase Money Anti-deficiency Cases GREEN, EDWIN W. AND BROWN, DOUGLAs S.: Back to the Future: Proposals for Restructuring Civil Discovery HONG, JEANNE AND SHATZ, STEVEN F. AND DONOVAN, MOLLY: The Strip Search of Children and the Fourth Amendment INDEX TO VOLUME XXVI AUTHOR INDEX TO ARTICLES, COMMENTS, AND NOTES BARGER, RICHARDS D. AND MUELLER, EUGENE E.: “Speaking With One Voice”: Constitutional Failure of State Insurance Govern- ment Ownership Statues BARRETT, ROBERT AND FOLBERG, JAY AND ROSENBERG, JOSHUA: Use of ADR in California Courts: Findings & Proposals BOHANNON, ELIZABETH K.: Nonprofit Voter Registration Groups and the Electoral Process BROWN, DOUGLAS S. AND GREEN, EDWIN W.: Back to the Future: Proposals for Restructuring Civil Discovery DAYTON, KIM: Case Management in the Eastern District of Virginia DONOVAN, MOLLY AND SHATZ, STEVEN F. AND HONG, JEANNE: The Strip Search of Children and the Fourth Amendment DOWLING, WILLIAM J.: Is There Any Hope for the Ce/otex Rule on Summary Judgment Motions in California? ................... DUDLEY, EARL C., JR.: Discovery Abuse Revisited: Some Specific Proposals to Amend the Federal Rules of Civil Procedure FARRIS, JULI E. AND FREEMAN, ANDREW D.: Grassroots Impact Litigation: Mass Filing of Small Claims FERRER, EUGENE Y.: Tax Treatment of Interest Rate Swaps at Dis- posal: Should Swap Participants Have Their Cake and Eat It NE SSSR REAAAS AR SOLS Shh RD AWENS CHORE RO EES FOLBERG, JAY AND ROSENBERG, JOSHUA AND BARRETT, ROBERT: Use of ADR in California Courts: Findings & Proposals FREEMAN, ANDREW D. AND FARRIS, JULI E.: Grassroots Impact Litigation: Mass Filing of Small Claims GALLOWAY, RUSSELL W., JR.: Basic Substantive Due Process Analy- GEE, MELISSA K.: A Jury Drawn From a Fair Cross-Section of the Community—A Fading Memory?: People v. Sanders GETTLER, GAIL A.: Rewriting the 1984 Bail Reform Act to Permit Indefinite Pretrial Detention: United States v. Montalvo-Murillo GORDON, GREGORY S.: A Family Farmer and a Deficient Definition: A Search for Analytic Criteria to Classify Hybrid Property in Cal- ifornia Purchase Money Anti-deficiency Cases GREEN, EDWIN W. AND BROWN, DOUGLAs S.: Back to the Future: Proposals for Restructuring Civil Discovery HONG, JEANNE AND SHATZ, STEVEN F. AND DONOVAN, MOLLY: The Strip Search of Children and the Fourth Amendment KESSLER, C. ELLIOT: Death and Harmlessness: Application of the Harmless Error Rule by the Bird and Lucas Courts in Death Pen- alty Cases—A Comparison & Critique KurRR, ELIZABETH M.: Granting Divestiture to Private Parties as a Remedy for Anticompetitive Mergers After California v. Ameri- CROs obs hackers 1s cea eadsatksaeessidasedeieavesa 319 MUELLER, EUGENE E. AND BARGER, RICHARDS D.: “Speaking With One Voice”: Constitutional Failure of State Insurance Govern- ment Ownership Statues 657 OTT, GREGORY A.: Minnick v. Mississippi: Going Too Far, With Too Little, in the Wrong Direction 513 PENNER, WILLIAM: Cohen v. Cowles Media Co.: Upsetting the First Amendment Scales 753 PopGor, ELLEN S.: Resolving Ethical Dilemmas in the Gray Area: Understanding Lawyers’ Ethics, By Monroe H. Freedman 121 ROBINS, DOROTHY M.: When the Gleam in Your Eye Becomes a Glare: Capped Damages in Fertility Malpractice Actions 717 ROSENBERG, JOSHUA AND FOLBERG, JAY AND BARRETT, ROBERT: Use of ADR in California Courts: Findings & Proposals 343 RUMEL, JOHN E.: The Hourglass and Due Process: The Propriety of Time Limits on Civil Trials 237 SHATZ, STEVEN F. AND DONOVAN, MOLLY AND HONG, JEANNE: The Strip Search of Children and the Fourth Amendment 1 SOMMER, A.A., JR.: Corporate Governance: The Search for Solutions 695 WELLONS, GREGORY D.: Employment Division, Department of Human Resources v. Smith: The Melting of Sherbert Means a Chilling Effect on Religion WILcox, LISA A.: Random Drug Testing in the Aviation Industry 559 TITLE INDEX TO ARTICLES, COMMENTS AND NOTES BACK TO THE FUTURE: PROPOSALS FOR RESTRUCTURING CIVIL Dis- COVERY. By Edwin W. Green and Douglas S. Brown BASIC SUBSTANTIVE DUE PROCESS ANALYSIS. By Russell W. Gallo- iii tcndns sna RatanheORrRICTK tWR aeah eae kR s CASE MANAGEMENT IN THE EASTERN DISTRICT OF VIRGINIA. By Kim Dayton Cohen v. Cowles Media Co.: UPSETTING THE FIRST AMENDMENT SCALES. By William Penner CORPORATE GOVERNANCE: THE SEARCH FOR SOLUTIONS. By A.A. TIER cai ee CSR OE POPC aR ae Wel ee RIE DEATH AND HARMLESSNESS: APPLICATION OF THE HARMLESS ERROR RULE BY THE BIRD AND LUCAS COURTS IN DEATH PENALTY CASES—A COMPARISON & CRITIQUE. By C. Elliot Kessler DISCOVERY ABUSE REVISITED: SOME SPECIFIC PROPOSALS TO AMEND THE FEDERAL RULES OF CIVIL PROCEDURE. By Earl C. IT sid eee eS eede a oRhs de sree eH Cre caes eRe EMPLOYMENT DIVISION, DEPARTMENT OF HUMAN RESOURCES V. SMITH: THE MELTING OF Sherbert MEANS A CHILLING EFFECT ON RELIGION. By Gregory D. Wellons A FAMILY FARMER AND A DEFICIENT DEFINITION: A SEARCH FOR ANALYTIC CRITERIA TO CLASSIFY HYBRID PROPERTY IN CALI- FORNIA PURCHASE MONEY ANTI-DEFICIENCY CASES. By Greg- ory S. Gordon GRANTING DIVESTURE TO PRIVATE PARTIES AS A REMEDY FOR AN- TICOMPETITIVE MERGERS AFTER CALIFORNIA V. AMERICAN STORES Co. By Elizabeth M. Kurr GRASSROOTS IMPACT LITIGATION: MASS FILING OF SMALL CLAIMS. By Andrew D. Freeman and Juli E. Farris THE HOURGLASS AND DUE PROCESS: THE PROPRIETY OF TIME LIM- ITS ON CIVIL TRIALS. By John E. Rumel Is THERE ANY HOPE FOR THE Celotex RULE ON SUMMARY JUDG- MENT MOTIONS IN CALIFORNIA? By William J. Dowling A JURY DRAWN FROM A FAIR CROSS-SECTION OF THE COMMU- NITY—A FADING MEMORY?: People v. Sanders. By Melissa K. MINNICK V. MIssissippPI: GOING TOO FAR, WITH TOO LITTLE, IN THE WRONG DIRECTION. By Gregory A. Ott NONPROFIT VOTER REGISTRATION GROUPS AND THE ELECTORAL Process. By Elizabeth K. Bohannon RANDOM DRUG TESTING IN THE AVIATION INDUSTRY. By Lisa A. Wilcox RESOLVING ETHICAL DILEMMAS IN THE GRAY AREA: UNDERSTAND- ING LAWYERS’ ETHICS, BY MONROE H. FREEDMAN. By Ellen S. REWRITING THE 1984 BAIL REFORM ACT TO PERMIT INDEFINITE PRETRIAL DETENTION: United States v. Montalvo-Murillo. By Gail A. Gettler “SPEAKING WITH ONE VOICE”: CONSTITUTIONAL FAILURE OF STATE INSURANCE GOVERNMENT OWNERSHIP STATUTES. By Richards D. Barger and Eugene E. Mueller THE STRIP SEARCH OF CHILDREN AND THE FOURTH AMENDMENT. By Steven F. Shatz, Molly Donovan, and Jeanne Hong TAX TREATMENT OF INTEREST RATE SWAPS AT DISPOSAL: SHOULD SWAP PARTICIPANTS HAVE THEIR CAKE AND EAT IT Too? By Eugene Y. Ferrer UsE OF ADR IN CALIFORNIA COURTS: FINDINGS & PROPOSALS. By Jay Folberg, Joshua Rosenberg, and Robert Barrett WHEN THE GLEAM IN YOUR EYE BECOMES A GLARE: CAPPED DAMAGES IN FERTILITY MALPRACTICE ACTIONS. By Dorothy M. Robins TOPICAL INDEX TO ARTICLES, COMMENTS AND NOTES CIVIL PROCEDURE Back to the Future: Proposals for Restructuring Civil Discovery 225 Case Management in the Eastern District of Virginia Discovery Abuse Revisited: Some Specific Proposals to Amend the Federal Rules of Civil Procedure Grassroots Impact Litigation: Mass Filing of Small Claims The Hourglass and Due Process: The Propriety of Time Limits on Civil Trials Is There Any Hope for the Celotex Rule on Summary Judgment CONSTITUTIONAL LAW Basic Substantive Due Processs Analysis Cohen v. Cowles Media Co.: Upsetting the First Amendment Scales 753 Employment Division, Department of Human Resources v. Smith: The Melting of Sherbert Means a Chilling Effect on Religion 149 Minnick y. Mississippi: Going Too Far, With Too Little, in the Wrong Direction Random Drug Testing in the Aviation Industry “Speaking With One Voice”: Constitutional Failure of State Insur- ance Government Ownership Statutes The Strip Search of Children and the Fourth Amendment CORPORATE SOCIAL RESPONSIBILITY When the Gleam in Your Eye Becomes a Glare: Capped Damages in Fertility Malpractice Actions CRIMINAL LAW Death and Harmlessness: Application of the Harmless Error Rule by the Bird and Lucas Courts in Death Penalty Cases—A Com- parison & Critique Rewriting the 1984 Bail Reform Act to Permit Indefinite Pretrial Detention: United States v. Montalvo-Murillo CRIMINAL PROCEDURE Minnick v. Mississippi: Going Too Far, With Too Little, in the Wrong Direction The Strip Search of Children and the Fourth Amendment DAMAGES When the Gleam in Your Eye Becomes a Glare: Capped Damages in Fertility Malpractice Actions ETHICS Resolving Ethical Dilemmas in the Gray Area: Understanding Lawyers’ Ethics, By Monroe H. Freedman 121 FIRST AMENDMENT PROTECTION Cohen v. Cowles Media Co.: Upsetting the First Amendment Scales 753 FREEDOM OF THE PRESS Cohen v. Cowles Media Co.: Upsetting the First Amendment Scales 753 INSURANCE LAW “Speaking With One Voice”: Constitutional Failure of State Insur- ance Government Ownership Statutes INTELLECTUAL PROPERTY Granting Divestiture to Private Parties as a Remedy for Anticom- petitive Mergers After California v. American Stores Co...... JURY SELECTION A Jury Drawn From a Fair Cross-Section of the Community—A Fading Memory?: People v. Sanders MEDICAL MALPRACTICE When the Gleam in Your Eye Becomes a Glare: Capped Damages in Fertility Malpractice Actions NEWS MEDIA Cohen v. Cowles Media Co.: Upsetting the First Amendment Scales 753 NONPROFIT Nonprofit Voter Registration Groups and the Electoral Process. 127 PROPERTY A Family Farmer and a Deficient Definition: A Search for Ana- lytic Criteria to Classify Hybrid Property in California Purchase Money Anti-deficiency Cases RELIGION Employment Division, Department of Human Resources v. Smith: The Melting of Sherbert Means A Chilling Effect on Religion 149 SECURITIES Corporate Governance: The Search for Solutions STOCKHOLDER VOTING Corporate Governance: The Search for Solutions TAX Tax Treatment of Interest Rate Swaps at Disposal: Should Swap