INDEX ARIZONA REVIEW VOLUME 39 1997 NUMBER 4 VOLUME 39 INDEX INDEX OF SUBJECTS TABLE OF CASES TABLE OF STATUTES ARIZONA LAW REVIEW TABLE OF AUTHORS Authors are listed alphabetically. ALEXANDER, Mark C. COX, James D. Religiously Motivated Murder: The Making Securities Fraud Class Rabin Assassination and Actions Virtuous Abortion Clinic Killings DIAMOND, Thomas A. Choice of Law Clauses and Their ARES, Charles E. Preemptive Effect upon the Stanley G. Feldman and the Craft of Federal Arbitration Act: Leadership Reconciling the Supreme Court with Itself BILBY, Richard M. Horatio Alger FAIGMAN, David L., WRIGHT, Amy J. BLOCK-LIEB, Susan The Battered Woman Syndrome in Congress’ Temptation to Defect: A the Age of Science Political and Economic Theory of Legislative Resolutions to FISCH, Jill E. Financial Common Pool Class Action Reform: Lessons from Problems Securities Litigation 39:533 BRODY, Evelyn GORDON, Jr., Frank X. Charitable Endowments and the Reflections About Stanley Feldman Democratization of Dynasty GREENBERG, Jack CALKINS, Stephen Civil Rights Class Actions: An Enforcement Official’s Procedural Means of Obtaining Reflections on Antitrust Class Substance Actions GROSSMAN, Stanley G. CARRINGTON, Paul D., Statutory Fee Shifting in Civil APANOVITCH, Derek P. Rights Class Actions: Incentive The Constitutional Limits of Judicial OE EI Piscec eisinscvseseseees 39:587 Rulemaking: The Illegitimacy of Mass-Tort Settlements HARKINS, Jr., John G. Negotiated Under Federal Rule Federal Rule 23—The Early Years COHEN, Marvin S. Justice Stanley G. Feldman... 39:371 1997] INDEX 1449 HARRISON, Jeffrey L. McGOVERN, Francis E. Piercing Pareto Superiority: Real The Defensive Use of Federal Class People and the Obligations of Actions in Mass Torts 39:595 Legal Theory MIKVA, Abner J. HAZARD, Jr., Geoffrey C. Doubting Our Claims to Democracy “Practice” in Law and Other Professions MORRIS, Grant H. HUGHES, Jr., James B. Places in Purgatory: Conditional Taking Personal Responsibility: A Release of Insanity Acquittees Different View of Mortgage 39:1061 Anti-Deficiency and Redemption Statutes MULLENIX, Linda S. The Constitutionality of the JARVIS, Robert M., Proposed Rule 23 Class Action COLEMAN, Phyllis G. Amendments Ranking Law _ Reviews: An Empirical Analysis Based on MULLINGS, Sandra J. Author Prominence WARN: Judicial Treatment of Exemptions, Exclusions, and JOHNSON, Christian A. Excuses 39:1209 Derivatives and Rehypothecation Failure: It’s 3:00 P.M., Do you NIEMEYER, Paul V. Know Where Your Collateral Is? Remarks to the Institute for Law and Economic Policy 39:719 JONES, Jr., William R. RAY, Laura Krugman A Tribute to Stanley G. Feldman Judicial Fictions: Images of Supreme Court Justices in the Novel, Drama, and Film...39:151 LEUBSDORF, John Class Actions at the Cloverleaf ROWE, Jr., Thomas D. A Distant Mirror: The Bill of Peace in Early American Mass Torts McGINLEY, Ann C. and Its Implications for Modern The Emerging Cronyism Defense Class Actions and Affirmative Action: A Critical Perspective on _ the SARNOFF, Joshua D. Distinction Between Colorblind Cooperative Federalism, the and Race-Conscious Decision Delegation of Federal Power, Making Under Title VII and the Constitution 39:205 1450 ARIZONA LAW REVIEW [Vol. 39 SAVETT, Sherrie R. UDALL, Calvin H. The Merits Matter Most and Justice Stanley G. Feldman, A Observations on a Changing Common Law Judge 39:379 Landscape Under the Private Securities Litigation Reform Act WALKER, Richard H., of 1995 LEVINE, David M., PRITCHARD, Adam C. SELIGMAN, Joel The New Securities Class Action: Introduction Federal Obstacles, State Detours SELIGMAN, Joel, HUNTER, Lindsey WEISS, Elliott J. Introduction Comment: The Impact to Date of the Lead Plaintiff Provisions of the SHARGEL, Johanna R. Private Securities Litigation United States v. Lanier: Securing the Reform Act Freedom to Choose 39:1115 WEZELMAN, Janice A. SOLED, Jay A. Stanley G. Feldman—A Tribute Transfer Tax Valuation Issues, the Game Theory, and Final Offer Arbitration: A Modest Proposal YEAZELL, Stephen C. for Reform The Past and Future of Defendant and Settlement Classes in SPORKIN, Stanley Collective Litigation 39:687 Legal Profession Under STOLLE, Dennis P., WEXLER, David B. Therapeutic Jurisprudence and Preventive Law: A Combined Concentration to Invigorate the Everyday Practice of Law STRONG, S.I. Romer vv. Evans’ and __ the Permissibility of Morality Legislation 39:1259 TAYLOR, Ellen Teaching an Old Law New Tricks: Rethinking Section 16... 39:1315 INDEX TABLE OF STUDENT AUTHORS Student authors are listed alphabetically. ABDEL-GAWAD, Jehan A. PARK, David M. Kiddie Sex Harassment: How Title Re-Examining the Attorney IX Could Level the Playing Field General’s Guidelines for FBI Without Leveling Investigations of Domestic Playground CHUNG, June SULMAN KAHANA, Stacy The Digital Performance Right in Crossing the Border of Plenary Sound Recordings Act and Its Power: The Viability of an Equal Failure to Address the Issue of Protection Challenge to Title IV Digital Music’s New Form of of the Welfare Law 39:1421 Distribution 39:1361 GRIEGO, Patrik M. The “Great Writ” May Once Again Deliver Justice to the Most Deserving Prisoners: An Analysis of Arizona Criminal Rule of Procedure 31.2(b) in Light of Beam v. Paskett HODDER, Broady R. Central Bank v. First Interstate Bank and Its Aftermath: Securities Professionals’ Ever- Changing Liabilities 39:343 JONES, Marzetta The 1996 Arizona Employment Protection Act: A Return to the Employment-at-Will Doctrine 39:1139 KIRSCHENBAUM, Sheila R. Banking on Discord: Property Conflicts in the Transplantation of Umbilical Cord Stem Cells 39:1391 ARIZONA LAW REVIEW [Vol. 39 TABLE OF SUBJECTS Items published in Volume 39 are indexed under appropriate subject headings. ABORTION CLINIC ANTI-DEFICIENCY KILLINGS LEGISLATION Religiously Motivated Murder: The Taking Personal Responsibility: A Rabin Assassination Different View of Mortgage Abortion Clinic Killings Anti-Deficiency and Redemption Statutes AFFIRMATIVE ACTION ANTITRUST The Emerging Cronyism Defense An Enforcement Official’s and Affirmative Action: A Reflections on Antitrust Class Critical Perspective on _ the Actions Distinction Between Colorblind and Race-Conscious Decision ARBITRATION Making Under Title VII Transfer Tax Valuation Issues, the Game Theory, and Final Offer AGREEMENTS, PRIVATE Arbitration: A Modest Proposal for Reform Piercing Pareto Superiority: Real People and the Obligations of ARBITRATION Legal Theory AGREEMENTS AIDING AND ABETTING Choice of Law Clauses and Their Preemptive Effect Upon the Central Bank v. First Interstate Federal Arbitration Act: Bank and _ Its Aftermath: Reconciling the Supreme Court Securities Professionals’ Ever- with Itself Changing Liabilities 39:343 ARIZONA EMPLOYMENT ALIENS PROTECTION ACT OF 1996 Crossing the Border of Plenary The 1996 Arizona Employment Power: The Viability of an Equal Protection Act: A Return to the Protection Challenge to Title IV Employment-at-Will Doctrine of the Welfare Law 39:1421 39:1139 1997] INDEX 1453 ATTORNEYS’ FEES The Constitutional Limits of Judicial Rulemaking: The Illegitimacy of Statutory Fee Shifting in Civil Rights Mass-Tort Settlements Class Actions: Incentive or Negotiated Under Federal Rule RINE akcicsiccwsititletion 39:587 BANKRUPTCY The Defensive Use of Federal Class Actions in Mass Torts 39:595 Congress’ Temptation to Defect: A Political and Economic Theory A Distant Mirror: The Bill of Peace of Legislative Resolutions to in Early American Mass Torts Financial Common Pool and Its Implications for Modern Problems Class Actions CHARITABLE An Enforcement Official’s Reflections on Antitrust Class ENDOWMENTS Actions Charitable Endowments and Introduction to Symposium on Rule CHOICE OF LAW CLAUSES 23: Class Actions at _ the Crossroads Choice of Law Clauses and Their Preemptive Effect Upon the Making Securities Fraud Class Federal Arbitration Act: Actions Virtuous Reconciling the Supreme Court with Itself. The Merits Matter Most and Observations on a Changing CIVIL LIBERTARIAN Landscape Under the Private Securities Litigation Reform Act Re-Examining the Attorney General’s Guidelines for FBI Investigations of Domestic CIVIL RIGHTS Civil Rights Class Actions: CIVIL PROCEDURE Procedural Means of Obtaining Substance Civil Rights Class Actions: Procedural Means of Obtaining Kiddie Sex Harassment: How Title Substance IX Could Level the Playing Field Without Leveling the Playground Re-Examining the Attorney General’s Guidelines for FBI 1454 ARIZONA LAW REVIEW [Vol. 39 Investigations of Domestic Federal Rule 23—The Early Years... Statutory Fee Shifting in Civil Rights Introduction to Symposium on Rule Class Actions: Incentive or 23: Class Actions at the |. Se 39:587 Crossroads CLASS ACTIONS Making Securities Fraud Class Actions Virtuous Class Action Reform: Lessons from Securities Litigation The Merits Matter Most and Observations on a Changing Landscape Under the Private Securities Litigation Reform Act Civil Rights Class Actions: Procedural Means of Obtaining The New Securities Class Action: Substance Federal Obstacles, State Detours Comment: The Impact to Date of the Lead Plaintiff Provisions of the The Past and Future of Defendant Private Securities Litigation and Settlement Classes in Reform Act Collective Litigation 39:687 The Constitutional Limits of Judicial Remarks to the Institute for Law and Rulemaking: The Illegitimacy of Economic Policy Mass-Tort Settlements Negotiated Under Federal Rule Statutory Fee Shifting in Civil Rights Class Actions: Incentive or &s e Oe 39:587 The Constitutionality of the Proposed Rule 23 Class Action COLLATERAL Amendments Derivatives and Rehypothecation The Defensive Use of Federal Class Failure: It’s 3:00 P.M., Do You Actions in Mass Torts 39:595 Know Where Your Collateral Is? A Distant Mirror: The Bill of Peace in Early American Mass Torts CONDITIONAL RELEASE and Its Implications for Modern Class Actions Placed in Purgatory: Conditional Release of Insanity Acquittees .... An Enforcement Official’s Reflections on Antitrust Class Actions 1997] INDEX CONGRESSIONAL POWER CONTRACT LAW Cooperative Federalism, the The 1996 Arizona Employment Delegation of Federal Power, Protection Act: A Return to the and the Constitution 39:205 Crossing the Border of Plenary Power: The Viability of an Equal Choice of Law Clauses and Their Protection Challenge to Title IV Preemptive Effect Upon the of the Welfare Law 39:1421 Federal Arbitration Act: Reconciling the Supreme Court CONSTITUTIONALITY with Itself The 1996 Arizona Employment Piercing Pareto Superiority: Real Protection Act: A Return to the People and the Obligations of Employment-at-Will Doctrine Legal Theory 39:1139 Taking Personal Responsibility: A The Constitutional Limits of Judicial Different View of Mortgage Rulemaking: The Illegitimacy of Anti-Deficiency and Redemption Mass-Tort Settlements Statutes Negotiated Under Federal Rule COPYRIGHT INFRINGEMENT The Constitutionality of the Proposed Rule 23 Class Action The Digital Performance Right in Amendments Sound Recordings Act and Its Failure to Address the Issue of Crossing the Border of Plenary Digital Music’s New Form of Power: The Viability of an Equal Distribution 39:1361 Protection Challenge to Title IV of the Welfare Law 39:1421 COPYRIGHT LAW Re-Examining the Attorney The Digital Performance Right in General’s Guidelines for FBI Sound Recordings Act and Its Investigations of Domestic Failure to Address the Issue of Digital Music’s New Form of Distribution 39:1361 CONSUMER PROTECTION CORD BLOOD REGISTRY Taking Personal Responsibility: A Different View of Mortgage Banking on Discord: Property Anti-Deficiency and Redemption Conflicts in the Transplantation of Umbilical Cord Stem Cells 39:1391 1456 ARIZONA LAW REVIEW [Vol. 39 CRIMINAL LAW Remarks to the Institute for Law and Economic Policy The Battered Woman Syndrome in the Age of Science DEFENSE OF OTHERS An Enforcement Official’s Religiously Motivated Murder: The Reflections on Antitrust Class Rabin Assassination Actions Abortion Clinic Killings The “Great Writ” May Once Again Deliver Justice to the Most DEMOCRACY Deserving Prisoners: An Analysis of Arizona Criminal Doubting Our Claims to Democracy. Rule of Procedure 31.2(b) in Light of Beam v. Paskett DERIVATIVE TRANSACTIONS Derivatives and Rehypothecation Failure: It’s 3:00 P.M., Do You Know Where Your Collateral Is? Religiously Motivated Murder: The Rabin Assassination Abortion Clinic Killings DISCLOSURE OF INSIDER TRADING DEATH PENALTY Teaching an Old Law New Tricks: Rethinking Section 16....39:1315 The “Great Writ” May Once Again Deliver Justice to the Most DISCRIMINATION Deserving Prisoners: An Analysis of Arizona Criminal Civil Rights Class Actions: Rule of Procedure 31.2(b) in Procedural Means of Obtaining Light of Beam v. Paskett Substance The Emerging Cronyism Defense DEFENDANT CLASS and Affirmative Action: A Critical Perspective on _ the A Distant Mirror: The Bill of Peace Distinction Between Colorblind in Early American Mass Torts and Race-Conscious Decision and Its Implications for Modern Making Under Title VII Class Actions The Past and Future of Defendant and Settlement Classes’ in Collective Litigation 39:687