CUMULATIVE INDEX INDEX TO TITLES Building with Kirby Lumber: A Cri- Notice to Fresh Water Rights Owners tique of Related-Party Debt Acquisi- of OCC Hearings: Oklahoma ex rel. tions. Mark R. Siegel (a) Corporation Commission v. Texas Dancing Around the First Amend- County Irrigation & Water Resources ment: Symbolic Speech After Barnes Association. Christopher L. Barnes (c) v. Glen Theatre, Inc. Eric Morrow (c) Responsible Regulation: Incentive Oklahoma Criminal Discovery after Rates for Natural Gas Pipelines. Al/- Allen. Christen R. Blair (a) exander J. Black (a) Title V II Litigation Under the Civil State Regulation over the Construction Rights Act of 1991. Cami Rae and Operation of Intrastate Pipelines Baker (c) and Gathering Systems in Oklahoma. Jay C. Jimmerson & A Serious Injury to the Eight Amend- Jack C. Moore (a) ment: The Supreme Court’s Cruel and Unusual Distortion of Precedent Legal Framework for Hydro-Quebec in Hudson v. McMillian. Melissa Imports, The. Pamela Prodan (a) Stewart Minton (c) Mixture and Derived-From Rules Back to the Future with Establishment Under RCRA: Is There Life After Clause Jurisprudence: Analysis and Shell Oil?, The. Julianne Platz Hand Application of Lee v. Weisman. Will (c) K. Wright (c) Agriculture and the Uruguay Round: Beyond Establishment Clause Analysis A United States Perspective. Jim- in Public School Situations: The mye S. Hillman (a) Need to Apply the Public Forum Estoppel of the Government to Collect and Tinker Doctrines. John W. Mineral Royalties: A Blind Alley. Whitehead & Alexis L. Crowe (a) Uisdean R. Vass & Margaret A. Nun- Shareholder Duties Under State Law. nery (a) M. Thomas Arnold (a) GATT and Future Soil Conservation The Not So “Friendly Takeover” Ex- Programs in the United States: penses: Indopco, Inc. v. Commis- Some Lessons from Australia. J. W. sioner. Stacy D. Ward (c) Looney (a) A Permissive Wheeling Scheme: Qual- Lien Survival in Chapter 13: The Af- ifying Facility Transmission Access termath of Dewsnup. Leah Patterson Strategies and the Energy Policy Act (c) of 1992. Martin F. Medeirds (c) NAFTA. AGriculture, and the Envi- Hydraulic Fracturing: The Stealthy ronment. David G. Abler (a) Subsurface Trespass. Terry D. Rag- Piercing the Corporate Veil: A Need sdale (a) for Clarification of Oklahoma’s Ap- Limiting the Scope of State Power to proach. Kenneth B. Watt (c) Confine Insanity Acquittees: Foucha Service (Now) Sold Separately: The v. Louisiana. Angela Paulsen (c) 28:537 Supreme Court Expands the Per Se (a) refers to articles; (c) notes and comments. 930 TULSA LAW JOURNAL Prohibition of Tying Arrangements ERISA Exclusion: Shielding Assets in Kodak Co. v. Image Technical From Creditors in the Bankruptcy Services. Neil D. Van Dalsem (c) Estate, The. Jeffrey Ruley (c) Some Crucial Issues in Administrative General Agreement on Tariffs and Law. Bernard Schwartz (a) Trade, the European Economic Determinants of International Pollu- Community, and Agriculture, The. tion: Empirical Evidence from CO, Eva Rook Basile (a) Emissions, The. M.L. Livingston, R.S. Risser & H. von Witzke (a) United States’s Organic Foods Produc- Dicey Business of Agricultural Trade tion Act: Does the Small-Farmer Policy: Where Does NAFTA Take Exception Breach the United States’s Us?, The. Jimmye S. Hillman, Julie Obligations Under GATT?, The. Leones & Russell Tronstad (a) Terence J. Centner (a) Duty to Protect School Children: The Who Owns Dinner: Evolving Legal Effect of the Third Circuit’s Middle Mechanisms for Ownership _ of: Bucks Decision, The. Helen Holt Plant Genetic Resources. Neil D. Blake (c) 28:911 Hamilton (a) (a) refers to articles; (c) notes and comments. INDEX TO AUTHORS Abler, David G. NAFTA, Agriculture, Hillman, Jimmye S. Agriculture and and the Environment (a) the Uruguay Round: A United States Perspective (a) Arnold, M. Thomas. Shareholder Du- ties Under State Law (a) Jimerson, Jay C. & Jack C. Moore Barnes, Christopher L. Notice to Fresh State Regulation over the Construc- Water Rights Owners of OCC Hear- tion and Operation of Intrastate Pipe- ings: Oklahoma ex rel. Corporation lines and Gathering Systems in Commission v. Texas County Irriga- Oklahoma (a) tion & Water Resources Association Leones, Julie, Tronstad, Russell & Hill- (c) man, Jimmye S. The Dicey Business Basile, Eva Rook. The General Agree- of Agricultural Trade Policy: Where ment on Tariffs and Trade, the Euro- Does NAFTA Take Us? (a) pean Economic Community, and Ag- Livingston, M.L., Risser, R.S. & von riculture (a) Witzke, H. The Determinants of In- Black, Alexander J. Responsible Regu- ternational Pollution: Empirical Evi- lation: Incentive Rates for Natural dence from CO, Emissions (a) Gas Pipelines (a) Looney, J.W. GATT and Future Soil Blair, Christen R. Oklahoma Criminal Conservation Programs in the United Discovery After Allen (a) States: Some Lessons from Australia (a) Blake, Helen Holt. (2). The Duty to Protect School Children: The Effect Minton, Melissa Stewart. A Serious In- of the Third Circuit’s Middle Bucks jury to the Eighth Amendment: The Decision (c) Supreme Court’s Cruel and Unusual Distortion of Precedent in Hudson v. Centner, Terence J. The United States’s Organic Foods Production McMillan (c) Act: Does the Small-Farmer Excep- Morrow, Eric. Dancing Around the tion Breach the United States’s Obli- First Amendment: Symbolic Speech gations Under GATT? (a) After Barnes v. Glen Theatre, Inc. (c) Crowe, Alexis I. & Whitehead, John W. Beyond Establishment Clause Nunnery, Margaret A. & Vass, Uis- Analysis in Public School Situations: dean R. Estoppel of the Government The Need to Apply the Public Forum to Collect Mineral Royalties: A Blind and inker Doctrines (a) Alley (a) Hamilton, Neil D. Who Owns Dinner: Patterson, Leah. Lien Survival in Evolving Legal Mechanisms for Own- Chapter 13: The Aftermath of Dew- ership of Plant Genetic Resources (a) snup (c) Paulsen, Angela. Limiting the Scope of Hand, Julianne Platz. The Mixture State Power To Confine Insanity Ac- and Derived-From Rules Under quitees: Foucha v. Louisiana (c) RCRA: Is There Life After Shell Oil? (c) Prodan, Pamela. The Legal Frame- work for Hydro-Quebec Imports (a) Hillman, Jimmye S., Leones, Julie, & Tronstad, Russell. The Dicey Busi- Ragsdale, Terry D. Hydraulic Fractur- ness of Agricultural Trade Policy: ing: The Stealthy Subsurface Tres- Where Does NAFTA Take Us? (a) 28:559 pass (a) (a) refers to articles; (c) notes and comments. 932 TULSA LAW JOURNAL Risser, R.S., Livingston, M.L., & von ternational Pollution: Empirical Evi- Witzke, H. The Determinants of In- dence from CO, Emissions (a) ternational Pollution: Empirical Evi- Ward, Stacy D. The Not So “Friendly dence from CO, Emissions (a) 28:793 Takeover” Expenses: Indopco, Inc. v. Siegel, Mark R. Building with Kirby Commissioner (c) Lumber. A Critique of Related- Whitehead, John W. & Crowe, Alexis Party Debt Acquisitions (a) I. Beyond Establishment Clause Tronstad, Russell, Leones, Julie & Hill- Analysis in Public School Situations: man, Jimmye S. The Dicey Business The Need to Apply the Public Forum of Agricultural Trade Policy: Where and inker Doctrines (a) Does NAFTA Take Us? (a) 28:559 Wright, Will K. Back to the Future Vass, Uisdean R. & Nunnery, Mar- with the Establishment Clause Juris- garet A. Estoppel of the Government prudence: Analysis and Application to Collect Mineral Royalties: A Blind of Lee v. Weisman (c) Alley (a) 28:409 von Witzke, H., Livingston, M.L., & Risser, R.S. The Determinants of In- (a) refers to articles; (c) notes and comments. TABLE OF CASES 68th Street Apartments, Inc. v. Consolidated Edison Co. v. Public Lauricella 28:238 Serv. Comm’n Abington School District v. Schempp 28:302 Continental Oil Co. v. Jones Alaska Plastics v. Coppcock 28:238 Cornelius v. NAACP Legal Defense & Allen v. District Court of Washington Educational Fund, Inc. County 28:71 County of Allegheny v. American Civil Allied Chemical & Dye Corp. v. Steel Liberties Union & Tube Co. 28:229 Cressy v. Shannon Continental Corp. Asgrow Seed Co. v. Winterboer 28:634 D.R. v. Middle Bucks Area Vocational Atlantic Richfield Co. v. Hickel 28:418 Technical School Barnes v. Glen Theatre, Inc. 28:113 Delhi-Taylor Oil Corp. v. Holmes Bell v. Wolfish 28:267 Delta and Pine Land Co. v. People Gin Bethel School District v. Frazer 28:192 Co. Bluejacket State Bank v. First National Delta and Pine Land Co. v. People Gin Bank of Bluejacket 28:879 Co. Board of Education v. Mergens 28:184 DeShaney v. Winnebego County De- partment of Social Services Bowers v. Hardwick 28:121 Dewsnup v. Timm Brady v. Maryland 28:86 Diamond v. Chakrabarty Brandon v. Holt 28:916 Briarcliff Candy Corp. v. Commis- Dieckmann v. Robyn sioner 28:284 Doe “A” v. Special School District of Briarcliff Investment Co. v. Commis- St. Louis County sioner 28:3 Doleman v. Meiji Mutual Insurance Brown v. Board of Education 28:172 Co. Brown v. Halbert 28:260 Dolese v. United States California v. LaRue 28:115 Donahue v. Rodd Electrotype Co. Canadian Wildlife Federation v. Can- Doran v. Salem Inn, Inc. ada Minister of the Environment 28:468 Dunnett v. Arn Caplan’s Petition, Jn re 28:250 Eastman Kodak Co. v. Image Techni- Champion v. Ames 28:171 cal Services, Inc. Chemical Waste Management, Inc. v. Edwards v. Lachman (Lachman II) EPA 28:505 Eliff v. Texon Drilling Co. Chew sv. Inverness Management Employment Division v. Smith Corp. 28:226 Engel v. Vitale Clark v. Community for Creative Non- Environmental Action v. FERC Violence 28:120 Environmental Action, Inc. v. FERC Clarke v. Greenberg 28:255 Equidae Partners v. Oklahoma Depart- Colorado Springs National Bank v. United States 28:285 ment of Health Commissioner v. Lincoln Savings & Essex Universal Corp. v. Yates Loan Ass’n 28:280 Estelle v. Gamble Comolli v. Comolli 28:235 Evangelista v. Holland Cones Ex’rs v. Russell 28:227 Everson v. Board of Education 933 934 TULSA LAW JOURNAL Ex Parte Hibberd 28:596 International Society for Krishna Con- Federal Crop Insurance Corp. v. Mer- sciousness, Inc. v. Lee rill 28:412 Iowa-Des Moines National Bank v. Fish v. East 28:882 Commissioner Fix v. Fix Material Co. 28:222 Jackson v. Indiana Foucha v. Louisiana 28:541 Jefferson Parrish Hospital District No. Fought v. Morris 28:234 2 v. Hyde Frazier v. Bryan Memorial Hospital Jicarilla Apache Tribe v. Supron En- Authority 28:891 ergy Corp. Friends of the Oldman River Society v. Jones v. H.F. Ahmanson & Co. Canada Minister of Transport 28:468 Jones v. North Carolina Prisoners’ La- General Bancshares Corp. v. Commis- bor Union sioner 28:290 Jones v. United States Geo Viking, Inc. v. Tex-Lee Operating Katz v. T.H. Canty & Co. Co. 28:131 Keaty v. United Railways Co. Getty Oil Co. v. Skelly Oil Co. 28:233 Kentucky Package Store v. Checani Gifford Operating Co. v. Indrex, Inc. 28:132 Key v. Liquid Energy Corp. Gliptis v. Fifteen Oil Co. 28:120 Lebold v. Inland Steel Co. Gottesman v. General Motors Corp. 28:229 Lee v. Weisman Grayburg Oil Co. v. Jiles 28:426 Lemon v. Kurtzman Grayburg Oil Co. v. State 28:426 Little Rock & F.T.S. Railway Co. v. Gregg v. Delhi-Taylor Oil Corp. 28:129 Oppenheimer Gregoire v. Centennial School District Luckett v. Bethlehem Steel Corp. 28:181 Macht v. Merchants Mortgage Credit Gulf Oil Corp. v. Morton 28:420 Co. Hall v. Hall 28:221 Maggiore v. Bradford Hallahan v. Haltom Corp. 28:238 Marathon Oil Co. v. United States Hancock Oil Co. v. Meeker-Garner Oil Co. 28:119 Marsh v. Chambers Harman v. Willbern 28:243 McCulloch v. Maryland Hastings Oil Co. v. Texas Co. 28:110 Members of the City Council v. Tax- payers for Vincent Hazelwood School District — v. Kuhlmeier 28:192 Monell v. Department of Special Serv- ices Heckler v. Community Health Services 28:413 Monroe v. Pape Heil v. Standard Gas & Electric Co. 28:223 Mullane v. Central Hanover Bank & Hodgson & Ors v. Cranbourne & Trust Co. Molera Pty. Ltd. 28:698 NCNB Corp. v. United States Home-Stake Production Co. v. Talon New York State Liquor Authority v. Petroleum, C.A. 28:885 Bellanca Honodel v. Commissioner 28:285 Northern Pacific Railway v. United Hudson v. McMillian 28:265 States In re Davidoff 28:859 Office of Personnel Management v. Richmond In re Hart 28:857 Oklahoma ex re/. Corporation Comm'n In re Strober 28:857 v. Texas County Irrigation & Water In re Ward 28:866 Resources Ass’n Indopco, Inc. v. Commissioner 28:279 P.L.C. v. Housing Authority of the Ingraham v. Wright 28:912 County of Warren CUMULATIVE INDEX 935 Pacific Western Oil Co. v. Bern Oil Co. Sundberg v. Lampert Lumber Co. 28:240 Tanzer v. International General Indus- Paris Adult Theatre I v. Slaton tries 28:223 Penzoil Exploration & Production Co. Tennessee Valley Authority v. Hill 28:464 v. Lujan Tillis v. United Parts, Inc. 28:236 Perlman v. Feldmann Tilton v. Richardson 28:305 Phillips Petroleum C. v. Wisconsin Tinker v. Des Moines Independent Plateau Mining Co. v. Utah Division of Community School District 28:153 State Lands and Forestry Toner v. Baltimore Envelope Co. 28:236 Porter v. Healy Trop v. Dulles 28:267 Reilly v. Korholz Tulsa Tribune Co. v. Oklahoma 28:891 Renton v. Playtime Theatres, Inc. Union Oil Co. v. Reconstruction Oil Rhodes v. Chapman Co. 28:118 Ringling Bros.-Barnum & Bailey Com- Union Oil of California v. Morton 28:420 bined Shows v. Ringling United States v. Bagley 28:87 Rivera v. East Otero School District R-1 United States v. Goodner Brothers Air- craft, Inc. 28:508 Robinson v. California United States v. Kirby Lumber Co. 28:2 Roby v. Dunnett Rosenblatt v. Getty Oil Co. United States v. Lazy FC Ranch 28:415 Roth v. United States United States v. Loew’s, Inc. 28:820 Sautbine v. Keller United States v. Mississippi Chemical Corp. 28:284 Schad v. Borough of Mt. Ephraim United States v. O’Brien 28:113 Schlumberger Well Surveying Corp. v. Nortex Oil & Gas Corp. United States v. Salerno 28:549 School District of Grand Rapids v. United States v. Agurs 28:87 Ball Utah Power & Light/Pacific Power & Schreiber v. Bryan Electric Merger, Opinion 318 28:525 Schreiber v. Penzoil Co. Vitek v. Jones 28:545 Schroeder v. City of New York Walker v. Kansas City 28:114 Seventeen Stone Corp. v. General Tele- Wallace v. Tulsa Yellow Cab Taxi & phone Co. Baggage 28:880 Shell Oil v. Environmental Protection Waters v. Double L, Inc. 28:225 Agency Weems v. United States 28:267 Sinclair Oil Corp. v. Levien West Virginia Board of Education v. Slotterback v. Interboro School Dis- Barnette 28:189 trict Whitley v. Albers 28:269 Smith v. Atlantic Properties Wilkes v. Springside Nursing Home 28:237 Smith v. SPNV Holdings, Inc. Wilson v. Seiter 28:269 Stevens v. Richardson Windmuller v. Standard Distilling & Stoltz, Wagner & Brown v. Cimarron Distributing Co. 28:223 Exploration Co. Zahn v. Transamerica Corp. 28:214 Stoneking v. Bradford Area School District Zimmerman v. Bofoff 28:238 INDEX TO SUBJECTS ANTITRUST CORPORATIONS Tying arrangements (c) 28:817 Piercing the corporate veil in BANKRUPTCY bankruptcy cases (c) Piercing the corporate veil in tax Lien Stripping in Chapter 13 (c) 28:843 cases (c) Piercing the corporate veil in Piercing the corporate veil: bankruptcy cases (c) 28:869 Oklahoma courts’ requirements Proposed regulations affecting tax- (c) ation of debt discharge in re- Fiduciary duties of shareholders lated-party debt acquisitions (a) (a) CHILDREN CRIMINAL LAW Analysis of liability of public Insanity Acquitees (c) schools and their officials under Ramifications of Allen v. District 42 U.S.C. section 1983 for acts Court of Washington County on perpetrated by private parties Oklahoma criminal discovery (c) (a) CIVIL RIGHTS ENERGY LAW Analysis of liability of public schools and their officials under Public Utility Regulatory Policies 42 U.S.C. section 1983 for acts Act of 1978 (c) 28:523 perpetrated by private parties Electric power generation (e) 28:435 (c) United States-Canada Free Trade Agree- ment CONSTITUTIONAL LAW Due process constraints of the ENVIRONMENTAL LAW OCC and administrative agen- cies require notice to water Analysis of Mexican pesticide reg- rights owners of enhanced re- ulation and the impact of covery operations (c) NAFTA (a) 8th Amendment: serious injury Analysis of whether the Small- not required in excessive force Farmer exception to the U.S.’s cases (c) Organic Foods Production Act Establishment Clause (c) conflicts with GATT (a) Prayer in public schools (c) Defining hazardous waste under Religion Clause (c) proposed changes to RCRA’s 2ist Amendment, symbolic mixture and derived-from rules speech, and nude dancing as ex- (c) pressive conduct after Barnes y. Discussion and analysis of key en- Glen Theatre, Inc. (c) vironmental issues arising out of 8th Amendment, standards for de- NAFTA and U.S.-Mexican hor- termining violations (c) ticultural trade (a) lst Amendment, Establishment Discussion of international legisla- clause, prayer in public schools; tive trends and their impact on Public Forum and Tinker doc- U.S. soil conservation policy (a) trines (a) 28:149 (a) refers to articles; (e) essays; (c) notes and comments. 936 CUMULATIVE INDEX Proposed changes to RCRA in the Uruguay Round of GATT light of Shell Oil v. Environmen- (a) tal Protection Agency (c) International Standards Need to Global warming (a) be Set to Protect Breeder’s Greenhouse gases (a) Rights Relating to Plant Intel- lectual Property Rights (a) EQUITY NAFTA’s effect on U.S. agricul- Futility of pleading estoppel theo- tural trade policy (a) ries as defenses to government claims for mineral royalties (a) LEGISLATION Analysis of NAFTA’s potential ef- fect on U.S. agricultural trade ESTOPPEL policy (a) Futility of pleading estoppel theo- ries as defenses to government NEGLIGENCE claims for mineral royalties (a) Analysis of liability of public schools and their officials under EVIDENCE 42 U.S.C. section 1983 for acts Implications of Allen y. District perpetrated by private parties (c) Court of Washington Country on Oklahoma criminal discov- NOTICE ery (a) Fresh water rights owners are en- FOREIGN LAW titled to notice of OCC hearings Canadian hydroelectric power (e) (c) OIL & GAS GOVERNMENT Enhanced recovery operations: Analysis of liability of public OCC procedures and notice to schools and their officials under water rights owners (c) 42 U.S.C. section 1983 for acts Futility of pleading estoppel theo- perpetrated by private parties ries as defenses to government (c) claims for mineral royalties (a) INDIANS Hydraulic Fracturing is an action- Quebec court decisions affecting able trespass (a) indigenous peoples (e) Intrastate Pipelines (a) INTERNATIONAL LAW TAXATION Analysis of U.S. position on Uru- guay Round of GATT (a) Capitalization or deduction of Analysis of whether the Small- friendly takeover expenses (c) Farmer exception to the U.S.’s Piercing the corporate veil in tax Organic Foods Production Act cases (c) conflicts with GATT (a) Related-party debt acquisition (a) Canadian energy law (e) Discussion and analysis of key en- TORTS vironmental issues arising out of NAFTA and U.S.-Mexican hor- Analysis of liability of public ticultural trade (a) schools and their officials under Discussion of internaticnal legisla- 42 U.S.C. section 1983 for acts tive trends and their impact on perpetrated by private parties U.S. soil conservation policy (a) (c) Hydraulic fracturing of an oil and European perspective on protec- gas well is an actionable tres- tionism and the U.S. position on pass; other theories include con- (a) refers to articles; (e) essays; (c) notes and comments. TULSA LAW JOURNAL version, private nuisance and NAFTA and U.S.-Mexican hor- negligence (a) ticultural trade (a) TRADE REGULATIONS Discussion of international legisla- tive trends and their impact on Analysis of U.S. position on Uru- U.S. soil conservation policy (a) guay Round of GATT (a) Analysis of whether the Small- Farmer exception to the U.S.’s European perspective on protec- Organic Foods Production Act tionism and the U.S. position on conflicts with GATT by impos- the Uruguay Round of GATT ing unlawful trade barriers to (a) organic foods (a) Potential effects of NAFTA on Discussion and analysis of key en- U.S. agricultural trade policy vironmental issues arising out of (a) (a) refers to articles; (e) essays; (c) notes and comments.