Table Of Content

WISCONSIN LAW REVIEW VOLUME 1991 University of Wisconsin Law School Madison, Wisconsin Copyright 1991 by the University of Wisconsin WISCONSIN LAW REVIEW eee AUTHOR INDEX ADLER, JOHN M.: Relying Upon the Reasonableness of Strangers: Some Observations About the Current State of Common Law Affirmative Duties to Aid or Protect Others ALTHOUSE, ANN: Saying What Rights Are—In and Out of Context. ........00200005 929 BORCHERS, PATRICK J.: Professor Brilmayer and the Holy Grail BROWN, GEORGE D.: Bright Lines CALLAHAN, MAUREEN B.: Must Federal Courts Defer to Agency Interpretation of Statutes? A New Doctrinal Basis of Chevron U.S.A v. Natural Resources Defense Council ... 1275 CASSELS, JAMIE: Bitter Knowledge, Vibrant Action: Reflections of Law and Society in Modern India CRUMP, DAVID: The Twilight Zone of the Erie Doctrine: Is there Really a Different Choice of Equitable Remedies in the “Court a Block Away"? EDWARDS, HARRY T.: The Judicial Function and the Elusive Goal of Principled Decisionmaking FLYNN, JOAN: A Triple Standard at the NLRB: Employer Challenges to an Incumbent Union. Gross, SAMUEL: Expert Evidence KEATING, DANIEL: Pension Insurance, Bankruptcy and Moral Hazard LEVY, STEVEN MARK: Liability of the Art Expert for Professional Malpractice LOPUCKI, LYNN M. AND WILLIAM C. WHITFORD: Venue Choice and Forum Shopping in the Bankruptcy Reorganization of Large, Publicly Held Companies MACAULAY, STEWART: The Reliance Interest and the World Outside the Law Schools’ MONAHAN, JOHN AND LAURENS WALKER: Empirical Questions Without Empirical RAKOFF, TODD D.: Fuller and Perdue’s The Reliance Interest as a Work of Legal Scholarship SOKOLOW, DAVID SIMON: From Kurosawa to (Duncan) Kennedy: The Lessons of Rashomon for Contemporary Legal Education STARR, KENNETH W.: The Courts of Appeals and the Future of the Federal Judiciary STERK, STEWART E. AND ELIZABETH S. GOLDMAN: Controlling Legislative Shortsightedness: The Effectiveness of Constitutional Debt Limitations SWEET, JUSTIN: The American Institute of Architects: Dominant Actor in the Construction TOBIAS, CARL: Standing to Intervene WILKINSON, CHARLES F.: To Feel the Summer in the Spring: The Treaty Fishing Rights of the Wisconsin Chippewa eee TITLE INDEX Oe ADDRESS THE COURTS OF APPEALS AND THE FUTURE OF THE FEDERAL JUDICIARY: Kenneth W. Starr 1991:II 1991 Index ARTICLES CONTROLLING LEGISLATIVE SHORTSIGHTEDNESS: THE EFFECTIVENESS OF CONSTITUTIONAL DEBT LIMITATIONS: Stewart E. Sterk and Elizabeth S. Goldman EMPIRICAL QUESTIONS WITHOUT EMPIRICAL ANSWERS: John Monahan and EXPERT EVIDENCE: Samuel Gross FULLER AND PERDUE’S THE RELIANCE INTERESTA S A WORK OF LEGAL SCHOLARSHIP: Todd D. Rakoff LIABILITY OF THE ART EXPERT FOR PROFESSIONAL MALPRACTICE: Steven Mark Levy MUST FEDERAL COURTS DEFER TO AGENCY INTERPRETATION OF STATUTES? A NEW DOCTRINAL BASIS OF CHEVRON U.S.A V. NATURAL RESOURCES DEFENSE COUNCIL: Maureen B. Callahan PENSION INSURANCE, BANKRUPTCY AND MORAL HAZARD: Daniel Keating THE RELIANCE INTEREST AND THE WORLD OUTSIDE THE LAW SCHOOLS’ Doors: Stewart Macaulay RELYING UPON THE REASONABLENESS OF STRANGERS: SOME OBSERVATIONS ABOUT THE CURRENT STATE OF COMMON LAW AFFIRMATIVE DUTIES TO AID OR PROTECT OTHERS: John M. Adler SAYING WHAT RIGHTS ARE-IN AND OUT OF CONTEXT: Ann Althouse STANDING TO INTERVENE: Carl Tobias A TRIPLE STANDARD AT THE NLRB: EMPLOYER CHALLENGES TO AN INCUMBENT UNION: Joan Flynn THE TWILIGHT ZONE OF THE ERIE DOCTRINE: IS THERE REALLY A DIFFERENT CHOICE OF EQUITABLE REMEDIES IN THE "COURT A BLOCK AWAY"?: David Crump TO FEEL THE SUMMER IN THE SPRING: THE TREATY FISHING RIGHTS OF THE WISCONSIN CHIPPEWA: Charles F. Wilkinson VENUE CHOICE AND FORUM SHOPPING IN THE BANKRUPTCY REORGANIZATION OF LARGE, PUBLICLY HELD COMPANIES: Lynn M. LoPucki and William C. Whitford BOOK REVIEWS BITTER KNOWLEDGE, VIBRANT ACTION: REFLECTIONS OF LAW AND SOCIETY IN MODERN INDIA: Jamie Cassels BRIGHT LINES: George D. Brown PROFESSOR BRILMAYER AND THE HOLY GRAIL: Patrick J. Borchers ESSAYS THE AMERICAN INSTITUTE OF ARCHITECTS: DOMINANT ACTOR IN THE CONSTRUCTION DOCUMENTS MARKET: Justin Sweet FROM KUROSAWA TO (DUNCAN) KENNEDY: THE LESSONS OF RASHOMON FOR CONTEMPORARY LEGAL EDUCATION: David Simon Sokolow WISCONSIN LAW REVIEW FEATURE THE JUDICIAL FUNCTION AND THE ELUSIVE GOAL OF PRINCIPLED DECISIONMAKING: STUDENT PIECES AN ALTERNATIVE ANALYSIS OF LENDER LIABILITY AND THE FLEET FACTORS DECISION: PRACTICAL POLICY OR PARIAH?: Pete Shively THE FORTRESS FACES EAST: PROTECTING EUROPE’S AUTO INDUSTRY: Katherine Langley ILLINOIS V. PERKINS: BALANCING THE NEED FOR EFFECTIVE LAW ENFORCEMENT AGAINST A SUSPECT’S CONSTITUTIONAL RIGHTS: Lisa P. Taylor THE LEGISLATIVE REVERSAL OF DURO V. REINA: Helen A. Gaebler N.N. V. MORAINE MUTUAL INSURANCE Co.: THE LIABILITY INSURANCE INTENTIONAL INJURY EXCLUSION IN CASES OF CHILD SEXUAL ABUSE: Joseph R. Long, II THE PAROL EVIDENCE RULE IN WISCONSIN: STATUS IN THE LAW OF CONTRACT, REVISITED: Michael A. Lawrence PARTNERSHIP AND TITLE VII REMEDIES: PRICE WATERHOUSE CRACKS THE GLASS CEILING: Robert C. Johnson REGULATIONS 14A AND 13D: IMPEDIMENTS TO PENSION FUND PARTICIPATION IN CORPORATE GOVERNANCE: Colleen D. Ball SEX, SPEECH, AND VIDEOTAPE: PRIOR RESTRAINT AND FW/PBS, INC. V. CITY OF DALLAS: Andrew B. Bloomer STATE INDUSTRIES V. MOR-FLO AND THE MARKET SHARE APPROACH TO PATENT -DAMAGES: WHAT IS HAPPENING TO THE PANDUIT TEST?: Joel Meyer "YOU MURDERED QUEEG": LAWYERS’ ETHICS, MILITARY JUSTICE, AND THE CAINE MUTINY: Kevin M. Kelly WHEN PROBABLE CAUSE IS CONSTITUTIONALLY SUSPECT: THE STATUS OF PRETEXT ARRESTS AND SEARCHES IN WISCONSIN: Joanne R. Whiting WISCONSIN’S RECREATIONAL USE STATUTE: TOWARDS SHARPENING THE PICTURE AT THE EDGES: Stuart J. Ford eee SUBJECT INDEX ADMINISTRATIVE LAW Callahan, Must Federal Courts Defer to Agency Interpretation of Statutes? A New Doctrinal Basis of Chevron U.S.A v. Natural Resources Defense Council BANKING Shively, An Alternative Analysis of Lender Liability and the Fleet Factors Decision: Practical Policy or Pariah? 1991 Index BANKRUPTCY Keating, Pension Insurance, Bankruptcy and Moral Hazard LoPucki & Whitford, Venue Choice and Forum Shopping in the Bankruptcy Reorganization of Large, Publicly Held Companies CIVIL PROCEDURE Crump, The Twilight Zone of the Erie Doctrine: Is there Really a Different Choice of Equitable Remedies in the "Court a Block Away"? Gross, Expert Evidence LoPucki & Whitford, Venue Choice and Forum Shopping in the Bankruptcy Reorganization of Large, Publicly Held Companies Tobias, Standing to Intervene CONFLICT OF LAWS Borchers, Professor Brilmayer and the Holy Grail CONSTITUTIONAL LAW Althouse, Saying What Rights Are-In and Out of Context Crump, The Twilight Zone of the Erie Doctrine: Is there Really a Different Choice of Equitable Remedies in the "Court a Block Away"? Illinois v. Perkins: Balancing the Need for Effective Law Enforcement Against a Suspect’s Constitutional Rights Bloomer, Sex, Speech, and Videotape: Prior Restraint and FW/PBS, Inc. v. City of Dallas Sterk & Goldman, Controlling Legislative Shortsightedness: The Effectiveness of Constitutional Debt Limitations Tobias, Standing to Intervene Whiting, When Probable Cause is Constitutionally Suspect: The Status of Pretext Arrests and Searches in Wisconsin CONSTRUCTION LAW Sweet, The American Institute of Architects: Dominant Actor in the Construction Documents Market WISCONSIN LAW REVIEW CONTRACTS Macaulay, The Reliance Interest and the World Outside the Law Schools’ Doors Lawrence; The Parol Evidence Rule in Wisconsin: Status in the Law of Contract, Rakoff, Fuller and Perdue’s The Reliance Interest as a Work of Legal Scholarship Sweet, The American Institute of Architects: Dominant Actor in the Construction Documents Market CORPORATIONS Regulations 14A and 13D: Impediments to Pension Fund Participation in Corporate Governance CRIMINAL LAW Taylor, Illinois v. Perkins: Balancing the Need for Effective Law Enforcement Against a Suspect’s Constitutional Rights Whiting, When Probable Cause is Constitutionally Suspect: The Status of Pretext Arrests and Searches in Wisconsin ENVIRONMENTAL LAW Shively, An Alternative Analysis of Lender Liability and the Fleet Factors Decision: Practical Policy or Pariah? Kelly, "You Murdered Queeg": Lawyers’ Ethics, Military Justice, and The Caine Mutiny .. EVIDENCE Gross, Expert Evidence FEDERAL COURTS Althouse, Saying What Rights Are-In and Out of Context Brown, Bright Lines Callahan, Must Federal Courts Defer to Agency Interpretation of Statutes? A New Doctrinal Basis of Chevron U.S.A v. Natural Resources Defense Council 1991 :I1 1991 Index Crump, The Twilight Zone of the Erie Doctrine: Is There Really a Different Choice of Equitable Remedies in the "Court a Block Away"? Edwards, The Judicial Function and the Elusive Goal of Principled Decisionmaking Starr, The Courts of Appeals and the Future of the Federal Judiciary INDIAN LAW Gaebler, The Legislative Reversal of Duro v. Reina: A First Step Toward Making Rhetoric A Reality Wilkinson, To Feel the Summer in the Spring: The Treaty Fishing Rights of the Wisconsin Chippewa INSURANCE LAW N.N. v. Moraine Mutual Insurance Co.: The Liability Insurance Intentional Injury Exclusion in Cases of Child Sexual Abuse INDELLECTUAL PROPERTY Meyer, State Industries v. Mor-Flo and the Market Share Approach to Patent Damages: What is Happening to the Panduit Test? INTERNATIONAL LAW Langley, The Fortress Faces East: Protecting Europe’s Auto Industry LABOR LAW Flynn, A Triple Standard at the NLRB: Employer Challenges to an Incumbent Union .... 653 Johnson, Partnership and Title VII Remedies: Price Waterhouse Cracks the Glass Ceiling .. 787 LAW AND SOCIETY Cassels, Bitter Knowledge, Vibrant Action: Reflections of Law and Society in Modern India Brown, Bright Lines Edwards, The Judicial Function and the Elusive Goal of Principled Decisionmaking Macaulay, The Reliance Interest and the World Outside the Law Schools’ Doors Monahan & Walker, Empirical Questions Without Empirical Answers WISCONSIN LAW REVIEW LEGAL EDUCATION Sokolow, From Kurosawa to (Duncan) Kennedy: The Lessons of Rashomon for Contemporary Legal Education LEGAL SCHOLARSHIP Rakoff, Fuller and Perdue’s The Reliance Interest as a Work of Legal Scholarship MILITARY LAW Kelly, "You Murdered Queeg": Lawyers’ Ethics, Military Justice, and The Caine Mutiny .. PENSION LAW Keating, Pension Insurance, Bankruptcy and Moral Hazard Alame, Regulations 14A and 13D: Impediments to Pension Fund Participation in Corporate Governance PROFESSIONAL MALPRACTICE Levy, Liability of the Art Expert for Professional Malpractice SECURITIES Regulations 14A and 13D: Impediments to Pension Fund Participation in Corporate Governance Adler, Relying Upon the Reasonableness of Strangers: Some Observations About the Current State of Common Law Affirmative Duties to Aid or Protect Others Levy, Liability of the Art Expert for Professional Malpractice N.N. v. Moraine Mutual Insurance Co.: The Liability Insurance Intentional Injury Exclusion in Cases of Child Sexual Abuse Ford, Wisconsin’s Recreational Use Statute: Towards Sharpening the Picture at the 1991 Index WISCONSIN LAW N.N. v. Moraine Mutual Insurance Co.: The Liability Insurance Intentional Injury Exclusion in Cases of Child Sexual Abuse Lawrence, The Parol Evidence Rule in Wisconsin: Status in the Law of Contract, Revisited Whiting, When Probable Cause is Constitutionally Suspect: The Status of Pretext Arrests and Searches in Wisconsin Ford, Wisconsin’s Recreational Use Statute: Towards Sharpening the Picture at the