FIVE-YEAR INDEX Volumes 26-30 LEADING ARTICLES ACTEC Commentaries on the Book Review: Homes for the Model Rules of Pro- Homeless: A Handbook fessional Conduct. 28:865 for Action. Reviewed by The Application of CERCLA and Peter W. Salsich, Jr. 27:775 Other Strict Liability Environmental Statutes to Book Review: The Law of Fixtures. Fiduciary Relationships— Reviewed by Putting City of Phoenix in Baxter Dunaway and Context. Michael L. Graham K. Randolph Peak, II —29:891 and Philip M. Lindquist 29:1 Comment—Dolan v. City of Tigard, An Approach to Opinion Letters— 114 S. Ct. 2309 (1994): The The Silverado Accord and Poor Relation Strikes It Rich. Other Model Forms From a Georgette C. Poindexter 29:451 Recipient’s Perspective. Alan Joel Robin and Conflict Resolved: Bankruptcy Edward M. Pollock 29:611 Code § 365(h) and the Contradictory Cases Book Review: The ACREL Papers: Requiring Its Amend- Real Estate Loan Workouts ment. and Real Estate Partner- Thomas C. Homburger, ships: Selected Problems Brian P. Gallagher, and Solutions. and Kimberly K. Rubel 29:869 Reviewed by Charles Applebaum 28:383 The Constitutionality of Proposition 13 Under Book Review: An Aging World, the Equal Protection Clause. Dilemmas and Challenges Jay Rappaport 26:235 for Law and Social Policy. Reviewed by Continuing a Decedent’s Business: Joel C. Dobris 27:559 Selected Creditors’ Rights and Fiduciary Liability Issues. Book Review: Civil and Criminal C. Boone Schwarizel 26:775 Forfeiture, Federal and State Practice. The Cranston-Gonzalez National Reviewed by Affordable Housing Act—An Eugene J. Morris Overview. Bruce C. Ramsey, et al. 28:177 752 30 REAL PROPERTY, PROBATE AND TRUST JOURNAL Deeds in Lieu of Foreclosure: Practical and Legal The Effect of a Trust on the Considerations. Eligibility or Liability of the John C. Murray 26:459 Trust Beneficiary for Public Assistance. Defining the Parent-Child Mayer Y. Silber 26:133 Relationship in an Age of Reproductive Technology: Effect of the Bankruptcy Reform Act Implications for Inheritance. of 1994 on Real Estate. Emily McAllister 29:55 Baxter Dunaway 30:601 The Definition of a Fiduciary Under Emerging Damages Claims and the ERISA: Basic Principles. Right to Jury Trials in Fiduciary Jane Kheel Stanley 21:237 Litigation. Dominic J. Campisi, Bruce S. Ross, and The Definition of a Fiduciary Under Thomas W. Latham 27:541 ERISA: Functions Covered Under Subsections 3(21)(A)(i), Employee Benefit Plans and Estate (ii) and (iii). Planning. Jane Kheel Stanley 27:467 30:27 The Definition of a Fiduciary Under Escape From the 15th Century: The ERISA: Particular Persons and Uniform Land Security Interest Entities. Act. Jane Kheel Stanley Zi Norman Geis 30:289 Developments Regarding the The Evolution of Sophisticated Tax Professional Responsibility of Planning for Lifetime the Estate Administration Gifts—What Planning Tech- Lawyer: The Effect of the niques Continue to Be Effec- Model Rules of Professional tive? Conduct. Don W. Llewellyn 30:213 Ronald C. Link 26:1 Fairness and Finality: Notice to Disclosure, Discretion, or Deception: Beneficiaries Under Prior Wills. The Estate Planner’s Ethical M. Read Moore 29:817 Dilemma From a Unilateral Confidence. Federal Securities Laws and Teresa Stanton Collett 28:683 Ownership of Nontraditional Real Property. Draft Regulations on Successive Thomas C. Homburger and Interests Under § 2032A. Paul F. Brown 27:523 Manin D. Begleiter and Robert M. Bellatti 27:185 WINTER 1996 Five-Year Index: Volumes 26-30 753 The Fiduciary’s Standard of Care in Joint Tenancy Accounts [An Un-Uni- the Enforcement, Contest, or form Law]. Compromise of Claims in Favor Dominic J. Campisi 30:399 of or Against the Estate. Dana T. Pickard and A Letter of Credit Primer for Real Janet Bohon O’Connor 30:1 Estate Lawyers. Beat U. Steiner 28:125 First Class Condition: Responsibilities, Rights, and May All or Portions of a Recorded Remedies Respecting the Shopping Center Reciprocal Condition of Commercial Arrangement Be Rejected as Leasehold Premises. an Executory Agreement Under Eugene L. Grant 29:735 Section 365 of the Bankruptcy Code? Marvin Garfinkel 28:83 Hotel Revenues in Bankruptcy: An Analysis and Analytic New Developments in Enforcing Framework. Prepayment Charges After Timothy J. Boyce 28:535 an Acceleration of a Mortgage Loan. The Identity Crisis of Community Debra Pogrund Stark 26:213 Associations: In Search of the Appropriate Analogy. Note—Intentional Interference with Wayne S. Hyatt and Inheritance. Jo Anne P. Stubblefield 27:589 Nita Ledford 30:325 The Impact of the Financial Opinions on Real Estate Secured Institutions Reform, Recovery, Transactions in a Post-Accord and Enforcement Act of 1989 World: The Opinion Giver’s (FIRREA) on Lending Practices Perspective. and Procedures of Savings Karl B. Holtzschue 29:655 Associations. Marc S. Loewenthai, Prepayment Rights: Abrogation et al. 26:577 by the Low-Income Housing Preservation and Resident Individual Prohibited Transaction Homeownership Act of 1990. Exemptions: The "Common Howard D. Cohen and Law." William P. Wade and Taylor Mattis 28:1 Richard I. Loebl 29:185 Privilege and Confidentiality Issues In Terrorem Inter Vivos: When an Attorney Represents a Terra Incognita. Fiduciary. Jo Ann Engelhardt 26:535 Rust E. Reid, William R. Mureiko, and Interstate Metro-Regional Responses D’Ana H. Mikeska 30:541 to Exclusionary Zoning. Stephen David Galowitz 27:49 754 30 REAL PROPERTY, PROBATE AND TRUST JOURNAL The Probate World at the End of the Would Notice to Benefi- Century: Is a New Principal ciaries Produce Either? and Income Act in Your H. Neal Wells, III 29:849 Future? Joel C. Dobris 28:393 Ritual Dance Between Lessee Real Return, Modern Portfolio and Lender—Subordination, Theory, and Coilege, University, Nondisturbance, and Attorn- and Foundation Decisions on ment. Annual Spending From Morton P. Fisher, Jr. and Endowments: A Visit to the Richard H. Goldman —_30:355 World of Spending Rules. Joel C. Dobris 28:49 Significant Probate and Trust Decisions. Recent Significant Probate and Trust John F. Kuether 29:263 Decisions. 30:645 John F. Kuether 26:299 30:645 Significant Probate and Trust Legislation. Recognizing Lenders’ Rents Interests Teresa Stanton Collett 29:381 in Bankruptcy. 30:143 Patrick A. Randolph, Jr. 27:281 Significant Probate and Trust Report of the Special Study Literature. Committee on Professional Susan N. Gary Responsibility: Comments Nancy E. Shurtz and Recommendations on the Lawyer’s Duties in Representing Husband and Wife. 28:765 Report of the Special Study Significant Real Property Committee on Professional Literature. Responsibility: Counseling Charles Applebaum 26:407 the Fiduciary. 28:825 28:257 Report of the Special Study Spousal Rights in Our Multiple- Committee on Professional Marriage Society: The Revised Responsibility: Preparation Uniform Probate Code. of Wills and Trusts That Name Lawrence W. Waggoner 26:683 Drafting Lawyer as Fiduciary. 28:803 The Tax Consequences of the Ownership and Cleanup of Responding to the Call for Environmentally Contami- Fairness and Finality: nated Properties. Thomas H. Steele 26:655 WINTER 1996 Five-Year Index: Volumes 26-30 755 Third-Party Legal Opinions in Real The Uniform Common Interest Estate Transactions: A Clearer Ownership Act Nonresidential Path. William B. Dunn 29:461 Use Exemption: When an Out May Not Be an Out. To Pay or Not to Pay: Claiming Richard J. Wirth 26:885 Damages for Recharacterization of Sale Leaseback Transactions The Uniform Statutory Rule Against Under Owner’s Title Insurance Perpetuities and the GST Tax: Policies. New Perils for Practitioners and Thomas C. Homburger and New Opportunities. Brian P. Gallagher 30:443 Jesse Dukeminier 30:185 Transferring Title to Partnership Real The UPC and the New Durable Property Under the UPA and Powers. Proposed RUPA. David M. English 27:333 Don L. Kristinik, IIT 27:143 Valuing Works of Art for Tax Trust Investment Law in the Third Purposes. Restatement. Ralph E. Lerner 28:593 Edward C. Halbach, Jr. 27:407 When the Fiduciary’s Agent Trusts, Custodianships, and Durable Errs—Who Pays the Powers of Attorney. Bill—Fiduciary, Agent, William M. McGovern, Jr.27:1 or Beneficiary? Charles M. Bennett 28:429 Undue Influence and Professional Responsibility. William M. McGovern, Jr. 28:643 AUTHOR INDEX Applebaum, Charles Bellatti, Robert M. and Significant Real Property Martin D. Begleiter Literature 26:407 Draft Regulations on 28:257 Successive Interests Under § 2032A 27:185 Begleiter, Martin D. and Robert M. Bellatti Bennett, Charles M. Draft Regulations on When the Fiduciary’s Agent Successive Interests Errs—Who Pays the Bill— Under § 2032A 27:185 Fiduciary, Agent, or Beneficiary? 28:429 756 30 REAL PROPERTY, PROBATE AND TRUST JOURNAL Boyce, Timothy J. Real Return, Modern Portfolio Hotel Revenues in Bankruptcy: Theory, and College, University, An Analysis and Analytic and Foundation Decisions on Framework 28:535 Annual Spending From Endowments: A Visit to the Brown, Paul F. and World of Spending Thomas C. Homburger Rules 28:49 Federal Securities Laws and Ownership of Non- Dukeminier, Jesse traditional Real The Uniform Statutory Rule Property 27:523 Against Perpetuities and the GST Tax: New Perils for Prac- Campisi, Dominic J. titioners and New Opportuni- Joint Tenancy Accounts [An ties 30:185 Un-Uniform Law] 30:399 Dunaway, Baxter Campisi, Dominic J., Effect of the Bankruptcy Re- Bruce S. Ross, and form Act of 1994 on Real Es- Thomas W. Latham tate 30:601 Emerging Damages Claims and the Right to Jury Trials in Dunn, William B. Fiduciary Litigation 27:541 Third-Party Legal Opinions in Real Estate Transactions: Cohen, Howard D. and Taylor Mattis A Clearer Path 29:461 Prepayment Rights: Abrogation by the Low-Income Housing Engelhardt, Jo Ann Preservation and Resident In Terrorem Inter Vivos: Homeownership Act of Terra Incognita 26:535 1990 28:1 English, David M. Collett, Teresa Stanton The UPC and the New Disclosure, Discretion, or Durable Powers 27:333 Deception: The Estate Planner’s Ethical Dilemma Fisher, Morton P., Jr. From a Unilateral Con- and Richard H. Goldman fidence 28:683 The Ritual Dance Between Lessee and Lender— Significant Probate and Subordination, Nondisturbance, Trust Legislation 29:381 and Attornment 30:355 30:143 Dobris, Joel C. Gallagher, Brian P. and The Probate World at the End Thomas C. Homburger of the Century: Is a New To Pay or Not to Pay: Claiming Principal and Income Act in Damages for Recharacterization Your Future? 28:393 of Sale Leaseback Transactions WINTER 1996 Five-Year Index: Volumes 26-30 757 Under Owner’s Title Insurance Environmental Statutes to Policies 30:443 Fiduciary Relationships— Putting City of Phoenix in Gallagher, Brian P., Context Thomas C. Homburger, and Kimberly K. Rubel Grant, Eugene L. Conflict Resolved: First Class Condition: Bankruptcy Code § 365(h) Responsibilities, Rights, and and the Contradictory Remedies Respecting the Cases Requiring Its Condition of Commercial Amendment 29:869 Leasehold Premises 29:735 Galowitz, Stephen David Halbach, Edward C., Jr. Interstate Metro-Regional Trust Investment Law in the Responses to Exclusionary Third Restatement 27:407 Zoning 27:49 Holtzschue, Karl B. Garfinkel, Marvin Opinions on Real Estate May All or Portions of a Secured Transactions in Recorded Shopping Center a Post-Accord World: Reciprocal Arrangement The Opinion Giver’s Be Rejected as an Execu- Perspective 29:655 tory Agreement Under Section 365 of the Homburger, Thomas C. and Bankruptcy Code? 28:83 Paul F. Brown Federal Securities Laws Gary, Susan N. and Ownership of Non- Significant Probate and Trust traditional Literature 30:493 Real Property 27:523 Geis, Norman Homburger, Thomas C. and Escape From the 15th Century: Brian P. Gallagher The Uniform Land Security To Pay or Not to Pay: Claiming Interest Act 30:289 Damagefso r Recharacterization of Sale Leaseback Transactions Goldman, Richard H. and Under Owner’s Title Insurance Morton P. Fisher, Jr. Policies 30:443 The Ritual Dance Between Lessee and Lender— Homburger, Thomas C., Subordination, Nondisturbance, Brian P. Gallagher, and and Attornment 30:355 Kimberly K. Rubel Conflict Resolved: Graham, Michael L. and Philip M. Bankruptcy Code § 365(h) Lindquist and the Contradictory The Application of CERCLA Cases Requiring Its and Other Strict Liability Amendment 29:869 758 30 REAL PROPERTY, PROBATE AND TRUST JOURNAL Hyatt, Wayne S. and to Fiduciary Relation- Jo Anne P. Stubblefield ships—Putting City of The Identity Crisis of Phoenix in Context 29:1 Community Associations: In Search of the Appropriate Link, Ronald C. Analogy 27:589 Developments Regarding the Professional Respon- Kristinik, Don L., III sibility of the Estate Transferring Title to Administration Lawyer: Partnership Real Property The Effect of the Model Under the UPA and Rules of Professional Proposed RUPA 27:143 Conduct 26:1 Kuether, John F. Llewellyn, Don W. Recent Significant Probate The Evolution of Sophisticated and Trust Decisions 26:299 Tax Planning for Lifetime Gifts—What Planning Tech- Significant Probate and niques Continue to Be Effec- Trust Decisions 29:263 tive? 30:213 30:645 Loebl, Richard I. and Latham, Thomas W., William P. Wade Dominic J. Campisi, and Individual Prohibited Bruce S. Ross Transaction Exemptions: Emerging Damages Claims The "Common Law" 29:185 and the Right to Jury Trials in Fiduciary Loewenthal, Marc S., et al. Litigation 27:541 The Impact of the Financial Institutions Reform, Recovery, Ledford, Nita and Enforcement Act of 1989 Note—lIntentional Interference (FIRREA) on Lending Practices with Inheritaace 30:325 and Procedures of Savings Associations 26:577 Lerner, Ralph E. Valuing Works of Art for Mattis, Taylor, and Tax Purposes 28:593 Howard D. Cohen Prepayment Rights: Lindquist, Philip M. and Abrogation by the Low- Michael L. Graham Income Housing Preser- The Application of vation and Resident CERCLA and Other Homeownership Act Strict Liability of 1990 Environmental Statutes McAllister, Emily Defining the Parent-Child Relationship in an Age of WINTER 1996 Five-Year Index: Volumes 26-30 759 Reproductive Technology: Pickard, Dana T. and Implications for Inheri- Janet Bohon O’Connor tance 29:55 The Fiduciary’s Standard of Care in the Enforcement, Con- McGovern, William M., Jr. test, or Compromise of Claims Trusts, Custodianships, in Favor of or Against the Es- and Durable Powers of tate 30:1 Attorney 27:1 Poindexter, Georgette C. Undue Influence and Comment—Dolan v. City of Professional Responsi- Tigard, 114 S. Ct. 2309 (1994): bility 28:643 The Poor Relation Strikes It Rich 29:451 Mikeska, D’Ana H., Rust E. Reid, and Pollock, Edward M. and William R. Mureiko Alan Joel Robin Privilege and Confidentiality An Approach to Opinion Issues When an Attorney Rep- Letters—The Silverado resents a Fiduciary 30:541 Accord and Other Model Forms From a Recipient’s Moore, M. Read Perspective 29:611 Fairness and Finality: Notice to Beneficiaries Under Prior Ramsey, Bruce C., et al. Wills 29:817 The Cranston-Gonzalez National Affordable Housing Mureiko, William R., Act—An Overview 28:177 Rust E. Reid, and D’Ana H. Mikeska Randolph, Patrick A., Jr. Privilege and Confidentiality Recognizing Lenders’ Rents Issues When an Attorney Rep- Interests in Bankruptcy 27:281 resents a Fiduciary 30:541 Rappaport, Jay Murray, John C. The Constitutionality of Deeds in Lieu of Foreclosure: Proposition 13 Under the Practical and Legal Con- Equal Protection Clause 26:235 siderations 26:459 Reid, Rust E., O’Connor, Janet Bohon and William R. Mureiko, and Dana T. Pickard D’Ana H. Mikeska The Fiduciary’s Standard of Privilege and Confidentiality Care in the Enforcement, Con- Issues When an Attorney Rep- test, or Compromise of Claims resents a Fiduciary 30:541 in Favor of or Against the Es- tate 30:1 760 30 REAL PROPERTY, PROBATE AND TRUST JOURNAL Robin, Alan Joel and Stanley, Jane Kheel Edward M. Pollock The Definition of a Fidu- An Approach to Opinion ciary Under ERISA: Letters—The Silverado Basic Principles 27:237 Accord and Other Model Forms From a Recipient’s The Definition of a Fidu- Perspective 29:611 ciary Under ERISA: Functions Covered Under Ross, Bruce S., Subsections 3(21)(A)(i), Dominic J. Campisi, and (ii) and (iii) 27:467 Thomas W. Latham Emerging Damages Claims and The Definition of a Fidu- the Right to Jury Trials in ciary Under ERISA: Fiduciary Litigation 27:541 Particular Persons and Entities 27:711 Rubel, Kimberly K., Thomas C. Homburger, and Stark, Debra Pogrund Brian P. Gallagher New Developments in Conflict Resolved: Enforcing Prepayment Bankruptcy Code Charges After an Accel- § 365(h) and the eration of a Mortgage Contradictory Cases Loan 26:213 Requiring Its Amendment Steele, Thomas H. The Tax Consequences of Schwartzel, C. Boone the Ownership and Continuing a Decedent’s Cleanup of Environ- Business: Selected Creditors’ mentally Contaminated Rights and Fiduciary Liability Properties 26:655 Issues 26:775 Steiner, Beat U. Shurtz, Nancy E. A Letter of Credit Significant Probate and Trust Primer for Real Literature 26:615 Estate Lawyers 28:125 28:321 29:119 Stubblefield, Jo Anne P. and 30:79 Wayne S. Hyatt The Identity Crisis of Silber, Mayer Y. Community Associations: The Effect of a Trust on the In Search of the Eligibility or Liability of Appropriate Analogy 27:589 the Trust Beneficiary for Public Assistance 26:133