INDEX INDEX TO TITLES Backlash: The Court Protects the Health Care & Retirement Corp. Entrenched Advantages of the of America: Potential Majority. Gary D. Allison, Broadening of the Test for Louis W. Bullock (d) 31:425 Supervisory Status Under the Commentary on Free Speech, NLRA. Angela R. Freeman (c) 31:323 Pamphleteering and Politics. S. Hobbs Act in the Nineties: Douglas Dodd (d) 31:503 Confusion or Clarification of the Consolidated Rail Corp. v. Quid Pro Quo Standard in Gottshall: “Closing the Door” Extortion Cases Involving Public on FELA Claims for Negligent Officials, The. Steven C. Infliction of Emotional Distress Yarbrough (d) 31:781 by Limiting Recovery to the Impact of Landowner/Lessor “Zone of Danger”. Alan C. Environmental Risk on Oil and Buckner (c) 31:161 Gas Lessee Rights and Development of First-Party Obligations, The. David E. Extracontractual Insurance Pierce (a) 31:731 Litigation in Oklahoma: An Incarnate Word, That Old Rugged Analytical Examination, The. Cross and the State: On the Johnny C. Parker (a) 31:57 Supreme Court’s October 1994 Dolan v. City of Tigard: Judicial Term Establishment Clause Panacea to the Takings Clause? Cases and the Persistence of Linas Grikis (c) 31:181 Comic Absurdity as Federal Role Under the Surface Jurisprudence, The. Larry Cata Mining Control and Reclamation Backer (d) 31:447 Act of 1977 (SMCRA) on Introduction: The October 1994 Nonfederal Lands After State Supreme Court Term. Sven Erik Primacy, The. Robert E. Beck Holmes, The Honorable (d) 31:421 (a) 31:677 Making a Case for Statutory Flores v. State: You’re Not Guilty Amendment to the in Oklahoma Until You’re Comprehensive Environmental Presumed Innocent. Eric Response, Compensation and Pfanstiel (c) 31:349 Liability Act (“CERCLA”): Fourth Amendment: Reflections on Solving the Section 107/Section the 1994 October Term, The. 113 Cause of Action. Richard D. Janet Koven Levit (d) 31:473 Buckley, Jr. (c) 31:851 Free Speech v. Abortion: Has the Parent Corporation’s Liability First Amendment Been Under CERCLA Section 107 for Expanded, Limited, or Blurred? the Environmental Violation of William C. Plouffe, Jr. (c) 31:203 their Subsidiaries. John M. Gustafson v. Alloyd Co.: The Brown (c) 31:819 Wrong Decision, But it is Still Paved with Good Intentions: Business as Usual in the Affirmative Action After Securities Markets. Kimberly D. Adarand? Donna Thompson- Krawiec (d) 31:509 Schneider (c) 31:611 (d) refers to addresses; (a) articles; (c) notes and comments; 877 878 TULSA LAW JOURNAL Press Access to American Military Takings Jurisprudence of the Operations and the First Warren Court: A Constitutional Amendment: The Siesta, The. Richard A. Epstein Constitutionality of Imposing (a) Restrictions. Brian William Term Limits, Commerce and the DelVecchio (c) Rehnquist Court. Bernard Problematic Expansion of the Schwarz (d) 31:521 Garner v. Wolfinbarger U.S. Term Limits, Inc. v. Thornton: Exception to the Corporate State Imposed Term Limits are Attorney-Client Privilege, The. Unconstitutional, But What Else Robert R. Summerhays (a) Did the Court Say? Jason M. Ready-Aim-Fire! - The Supreme Hans (c) 31:585 Court Continues Its Assault on Unit Valuation: Oklahoma’s Illegal the Wall of Separation in Tax on Intangible Property. Rosenberger. Howard Wade Bruce A. Fowler (c) 31:367 Bycroft (c) Vernonia School District 47J v. Recent Developments in Acton: The Demise of Oklahoma Law - Civil Individualized Suspicion in Procedure. Charles W. Adams Fourth Amendment Searches (a) and Seizures. Christopher S. Rehnquist, Runyon, and Jones — Hagge (c) 31:559 The Chief Justice, Civil Rights, Warren Court and Criminal Justice: and Stare Decisis. Bernard A Quarter-Century Schwartz (d) Retrospective, The. Yale Sacred Site Protection Against a Kamisar (a) 31:1 Backdrop of Religious 1994 Term of the Supreme Court Intolerance. Rayanne J. Griffin and Freedom of Speech, The. (c) Martin H. Belsky (d) 31:485 Supreme Court Superstars: The Ten Greatest Justices. Bernard Schwartz (a) (d) refers to addresses; (a) articles; (c) notes and comments; INDEX TO AUTHORS Adams, Charles, W. Recent DelVecchio, Brian William. Press Developments in Oklahoma Law Access to American Military - Civil Procedure (a) 31:753 Operations and the First Allison, Gary D. & Bullock, Louis Amendment: The W. Backlash: The Court Protects Constitutionality of Imposing the Entrenched Advantages of the Restrictions (c) 31:227 Majority (d) 31:425 Dodd, S. Douglas. Commentary on Backer, Larry Caté. The Incarnate Free Speech, Pamphleteering and Word, That Old Rugged Cross Politics (d) 31:503 and the State: On the Supreme Epstein, Richard A. The Takings Court’s October 1994 Term Jurisprudence of the Warren Establishment Clause Cases and Court: A Constitutional Siesta the Persistence of Comic (a) 31:643 Absurdity as Jurisprudence (d) 31:447 Fowler, Bruce A. Unit Valuation: Beck, Robert E. The Federal Role Oklahoma’s Illegal Tax on Under the Surface Mining Intangible Property (c) 31:367 Control and Reclamation Act of Freeman, Angela R. Health Care 1977 (SMCRA) on Nonfederal & Retirement Corp. of America: Lands After State Primacy (a) 31:677 Potential Broadening of the Test Belsky, Martin H. The 1994 Term for Supervisory Status Under the of the Supreme Court and NLRA (c) 31:323 Freedom of Speech (d) 31:485 Griffin, Rayanne J. Sacred Site Brown, John M. Parent Protection Against a Backdrop of Corporation’s Liability Under Religious Intolerance (c) 31:395 CERCLA Section 107 for the Grikis, Linas. Dolan v. City of Environmental Violations of their Tigard: Judicial Panacea to the Subsidiaries (c) 31:819 Takings Clause? (c) 31:181 Buckley, Richard D., Jr. Making a Hagge, Christopher S. Vernonia Case for Statutory Amendment to School District 47J v. Acton: The the Comprehensive Demise of Individualized Environmental Response, Suspicion in Fourth Amendment Compensation and Liability Act Searches and Seizures (c) 31:559 (“CERCLA”): Solving the Hans, Jason M. U.S. Term Limits, Section 107/Section 113 Cause of Inc. v. Thornton: State Imposed Action Controversy (c) 31:851 Term Limits are Unconstitutional, Buckner, Alan C. Consolidated But What Else Did the Court Rail Corp. v. Gottshall: “Closing Say? (c) 31:585 the Door” on FELA Claims for Holmes, Sven Erik, The Negligent Infliction of Emotional Honorable. Introduction: The Distress by Limiting Recovery to October 1994 Supreme Court the “Zone of Danger” (c) 31:161 Term (d) 31:421 Allison, Gary D. & Bullock, Louis Kamisar, Yale. The Warren Court W. Backlash: The Court Protects and Criminal Justice: A Quarter- the Entrenched Advantages of the Century Retrospective (a) 31:1 Majority (d) 31:425 Krawiec, Kimberly D. Gustafson Bycroft, Howard Wade. Ready- v. Alloyd Co.: The Wrong Aim-Fire! - The Supreme Court Decision, But it is Still Business Continues Its Assault on the Wall As Usual in the Securities of Separation in Rosenberger (c) 31:533 Markets (d) 31:509 (d) refers to addresses; (a) articles; (c) notes and comments; 879 880 TULSA LAW JOURNAL Levit, Janet Koven. The Fourth Schwartz, Bernard. Rehnquist, Amendment: Reflections on the Runyon, and Jones — The Chief 1994 October Term (d) 31:473 Justice, Civil Rights, and Stare Parker, Johnny C. The Decisis (d) 31:251 Development of First-Party Schwartz, Bernard. Term Limits, Extracontractual Insurance Commerce and the Rehnquist Litigation in Oklahoma: An Court (d) 31:521 Analytical Examination (a) 31:57 Summerhays, Robert R. The Pfanstiel, Eric. Flores v. State: Problematic Expansion of the You’re Not Guilty in Oklahoma Garner v. Wolfinbarger Until You’re Presumed Innocent Exception to the Corporate (c) 31:349 Attorney-Client Privilege (a) 31:275 Pierce, David E. The Impact of Thompson-Schneider, Donna. Landowner/Lessor Paved with Good Intentions: Environmental Risk on Oil and Affirmative Action After Gas Lessee Rights and Adarand? (c) 31:611 Obligations (a) 31:731 Yarbrough, Steven C. The Hobbs Plouffe, William C., Jr. Free Act in the Nineties: Confusion or Speech v. Abortion: Has the First Clarification of the Quid Pro Amendment Been Expanded, Quo Standard in Extortion Cases Limited, or Blurred? (c) 31:203 Involving Public Officials (d) 31:781 Schwartz, Bernard. Supreme Court Superstars: The Ten Greatest Justices (a) 31:93 (d) refers to addresses; (a) articles; (c) notes and comments; INDEX TO SUBJECTS ABORTION CHILDREN Analysis of standard for Discussing random, suspicionless determining constitutionality drug testing of high school of an injunction limiting student-athletes (c) 31:559 protestors access to abortion clinics (c) 31:203 CITY PLANNING ACTIONS AND DEFENSES Effect of new Federal Takings First party insurance claims (a) 31:57 standard on city planning (c) 31:181 ADMINISTRATIVE AGENCIES CIVIL RIGHTS Discussion of Supreme Court’s Discussion of Justice Rehnquist’s reversal of NLRB supervisory influence on the Court’s status policy and potential decisions interpreting Civil broadening of NLRA Rights Acts (d) 31:251 supervisory test (c) Discussion of Native American religious experiences and their ADMINISTRATIVE LAW current efforts to achieve Discussion of Native American religious freedom (c) 31:395 religious experiences and their Discussion of the Supreme current efforts to achieve Court’s October 1994 Term religious freedom (c) 31:395 equal opportunity cases Discussion of Supreme Court’s regarding public school potential broadening of segregation, minority business NLRA supervisory status test programs and racially (c) 31:323 influenced voting districts. (d) 31:425 This comment discusses the liability of parent corporations CONSTITUTIONAL LAW for the hazardous waste Analysis of standard for violations of their subsidiaries. determining constitutionality Based on the plain language of an injunction limiting of CERCLA, and on case law protestors access to abortion interpreting CERCLA, it is clinics (c) 31:203 unclear whether parent Constitutional qualifications of corporations may be held members of Congress (c) 31:585 liable for the hazardous waste Discussing the Takings Clause of violations of their subsidiaries. (c) 31:819 the United States Constitution and positing that the Warren APPEAL AND ERROR Court should have been more aware of the importance of Discussion of whether “presumed not guilty” jury strong protection of property instructions constitute rights (a) 31:643 reversible error (c) Discussion of exceptions to recent dramatic expansion of ATTORNEYS commercial speech protections Discussing the problems of (d) expanding exceptions to Discussion of federalism and the attorney-client privilege in Rehnquist Court decisions shareholder derivative actions limiting federal and state to “outsider” actions (a) 31:275 power. (d) 31:521 (d) refers to addresses; (a) articles; (c) notes and comments; 881 882 TULSA LAW JOURNAL Discussion of First Amendment, Impact of Adarand decision on Establishment Clause (c) 31:533 standard of review for Discussion of individualized affirmative action cases (c) 31:611 suspicion requirements in Introductory remarks to the Fourth Amendment searches University of Tulsa and seizures (c) 31:559 Conference on the October Discussion of Justice Rehnquist’s 1994 Supreme Court Term, influence on the Court’s discussing the role of decisions interpreting Civil governmental authotity under Rights Acts (d) 31:251 the Constitution and judicial restraint (d) Discussion of Native American religious experiences and their A review of the Supreme current efforts to achieve Court’s October 1994 Term religious freedom (c) 31:395 Establishment Clause cases which posits that the Supreme Discussion of new Federal Court has reached absurd Takings standard under the results in its three most Fifth Amendment (c) 31:181 significant 1994 Establishment Discussion of parades as a form Clause decisions (d) 31:447 of expression protected by the First Amendment rights of privacy and freedom of CONTRACTS association (d) 31:485 Discussion of the Court’s recent Breach of insurance contracts willingness to broadly define (a) reasonableness and expand the good faith exception in the CORPORATIONS area of Fourth Amendment Rights. (d) é, 31:473 Discussion and analysis of Discussion of the greatest U.S. corporate management’s right Supreme Court Justices and to invoke the attorney-client their influence upon privilege in the context of Constitutional law (a) derivative and non-derivative Discussion of the Supreme shareholder litigation (a) 31:275 Court’s October 1994 Term Discussion of the Supreme equal opportunity cases Court’s interpretation of the regarding public school Securities Act of 1933 in segregation, minority business Gustafson limiting relief which programs and racially may be sought under federal influenced voting districts. (d) 31:425 securities law. (d) 31:509 Discussion of U.S. Supreme Regarding property tax policy Court’s holding that state for intangible assets of certain could not demonstrate a Oklahoma corporations (c) 31:367 compelling interest to justify identification requirement This comment discusses the liability of parent corporations regarding campaign literature. for the hazardous waste (d) 31:503 violations of their subsidiaries. Discussion of whether Based on the plain language “presumed not guilty” jury of CERCLA, and on case law instructions constitute interpreting CERCLA, it is reversible error (c) 31:349 unclear whether parent First Amendment’s protection of corporations may be held freedom of the press as liable for the hazardous waste applied to press coverage of violations of their subsidiaries. military operations (c) 31:227 (c) (d) refers to addresses; (a) articles; (c) notes and comments; INDEX 883 CRIMINAL LAW impact on oil and gas leases (a) 31:731 A review of the Warren Court’s impact on criminal procedure Effect of new Federal Takings (a) 31:1 standard on land-use planning (c) 31:181 Discussion of whether “presumed not guilty” jury ELECTION OF REMEDIES instructions constitute reversible error (c) 31:349 First party extracontractual This article discusses judicial remedies in insurance construction of the Hobbs litigation (a) Act, the federal act which has been used to prosecute public EMINENT DOMAIN Officials for corruption. The Discussion of new Federal author provides an analysis of, Takings standard under the and workable solution for, the Fifth Amendment (c) 31:181 apparent split in decisions among the circuit courts which EMPLOYMENT LAW have struggled to define the Negligent infliction of emotional elements required for distress claims under the conviction under the Act. (d) 31:781 Federal Employers’ Liability Act (FELA) (c) 31:161 DAMAGES Potential broadening of Election of damages for breach supervisory status under the of insurance contract (a) 31:57 NLRA (c) 31:323 DEFENSES Restrictions on political activity of U.S. government employees This article discusses judicial (c) 31:585 construction of the Hobbs Act, the federal act which has ENERGY LAW been used to prosecute public officials for corruption. The See also Oil & Gas; Mines and author provides an analysis of, Minerals and workable solution for, the Discussion of potential liability apparent split in decisions of landowners due to among the circuit courts which environmental risks and its have struggled to define the impact on oil and gas leases elements required for (a) 31:731 conviction under the Act. (d) 31:781 ENVIRONMENTAL LAW DISCOVERY Discussion of potential liability Assessing the degree to which of landowners due to corporate attorney-client environmental risks and its privilege should apply against impact on oil and gas leases shareholder discovery requests (a) 31:731 (a) This comment discusses the liability of parent corporations DISCRIMINATION for the hazardous waste Discussion of Native American violations of their subsidiaries. religious experiences and their Based on the plain language current efforts to achieve of CERCLA, and on case law religious freedom (c) 31:395 interpreting CERCLA, it is unclear whether parent EASEMENTS corporations may be held Discussion of potential liability liable for the hazardous waste of landowners due to violations of their subsidiaries. environmental risks and its (c) 31:819 (d) refers to addresses; (a) articles; (c) notes and comments; 884 TULSA LAW JOURNAL FRAUD JUDGES Insurer’s liability for fraud; post- Discussion of the ten best U.S. application fraud in the Supreme Court justices (a) 31:93 insurance context (a) 31:57 JUDICIAL REVIEW GOVERNMENT See Appeal and Error Discussion of Native American Analysis of standard for religious experiences and their determining constitutionality current efforts to achieve of an injunction limiting religious freedom (c) 31:395 protestors access to abortion State-imposed term limits on Clinics (c) 31:203 members of Congress (c) 31:585 Discussion of Justice Rehnquist’s This comment answers the influence on the Court’s question whether the decisions interpreting Civil government can restrict the Rights Acts (d) 31:251 freedom of the press to cover JURISPRUDENCE military operations (c) 31:227 Introductory remarks to the HISTORY OF LAW University of Tulsa Conference on the October Discussion of Supreme Court’s 1994 Supreme Court Term, rulings on affirmative action discussing the role of cases (c) 31:611 governmental authority under Discussion of the Warren the Constitution and judicial Court’s failure to contribute to restraint (d) the protection of private property and economic liberty LABOR LAW (a) 31:643 Potential broadening of Impact of greatest U.S. Supreme supervisory status under the Court Justices on NLRA (c) 31:323 Constitutional jurisprudence (a) 31:93 LEGISLATION INDIANS Analysis of NLRA Health Care Amendments of 1974, 29 Discussion of Native American U.S.C. 152(14) (1988) (c) 31:323 religious experiences and their Discussion of federalism and the current efforts to achieve Rehnquist Court decisions religious freedom (c) 31:395 limiting federal and state power (d) 31:521 INJUNCTIONS Discussion of Justice Rehnquist’s Analysis of standard for influence on the Court’s determining constitutionality decisions interpreting Civil of an injunction limiting Rights Acts (d) 31:251 protestors access to abortion Discussion of Native American clinics (c) 31:203 religious experiences and their current efforts to achieve INSURANCE religious freedom (c) 31:395 First party extracontractual Discussion of the Supreme damages (a) 31:57 Court’s interpretation of the Securities Act of 1933 in INTERSTATE COMMERCE Gustafson, limiting relief Discussion of federalism and the which may be sought under Rehnquist Court decisions federal securities law. (d) 31:509 limiting federal and state State-imposed term limits on power (d) 31:521 members of Congress (c) 31:585 (d) refers to addresses; (a) articles; (c) notes and comments; INDEX MILITARY REVIEW PROPERTY Addresses whether the military See Personal Property; Real can restrict press coverage to Property military operations (c) 31:227 Discussion of new Federal Takings standard under the MINES AND MINERALS Fifth Amendment and its Discussion of potential liability impact on land-use exactions of landowners due to (c) 31:181 environmental risks and its impact on oil and gas leases RACE RELATIONS (a) 31:731 Discussion of Justice Rehnquist’s influence on the Court’s MUNICIPAL CORPORATIONS decisions interpreting Civil Impact on land-use exactions in Rights Acts (d) 31:251 municipalities under new Discussion of Native American Federal Takings standard (c) 31:181 religious experiences and their current efforts to achieve NEGLIGENCE religious freedom (c) 31:395 Negligent infliction of emotional Discussion of the Supreme distress claims under the Court’s October 1994 Term Federal Employers’ Liability equal opportunity cases Act (FELA) (c) 31:161 regarding public school Negligent settlement practices of segregation, minority business insurance companies (a) 31:57 programs and racially influenced voting districts. (d) 31:425 OIL & GAS Impact of Adarand decision on Discussion of potential liability standard of review for of landowners due to affirmative action cases (c) 31:611 environmental risks and its impact on oil and gas leases REAL PROPERTY (a) 31:731 Discussion of new Federal Takings standard under the PARTIES TO ACTIONS Fifth Amendment and its First party insurance (a) 31:57 impact on land-use exactions (c) 31:181 POWERS Discussion of federalism and the RECENT DEVELOPMENTS Rehnquist Court decisions First-party extracontractual limiting federal and state insurance litigation in power (d) 31:521 Oklahoma (a) 31:57 Oklahoma Civil Procedure (a) 31:753 PRACTICE AND PROCEDURE Supreme Court’s new ruling on Developments in Oklahoma Law standard of review for (a) 31:753 affirmative action cases (c) 31:611 PROCEDURE RELIGION Developments in Oklahoma Law A review of the Supreme (a) 31:753 Court’s October 1994 Term Establishment Clause cases PROFESSIONS AND OCCUPATIONS which posits that the Supreme Impact on nurses of Supreme Court has reached absurd Court’s potential broadening results in its three most of NLRA supervisory status significant Establishment test (c) 31:323 Clause decisions (d) 31:447 State-imposed term limits on Discussion of First Amendment, members of Congress (c) 31:585 Establishment Clause (c) 31:533 (d) refers to addresses; (a) articles; (c) notes and comments; 886 TULSA LAW JOURNAL Discussion of Native American transportation companies religious experiences and their which are subject to current efforts to achieve centralized assessment based religious freedom (c) 31:395 on unit valuation are assessed property taxes on their intangible assets (c) 31:367 REMEDIES TORTS Extracontractual remedies for Developments in Oklahoma Law breach of insurance contracts (a) 31:753 (a) Negligent infliction of emotional distress claims under the SECURITIES Federal Employers’ Liability Act (FELA) (c) 31:161 Discussion of the Supreme Tort liability for breach of Court’s interpretation of the insurance contracts; tort of Securities Act of 1933 in bad faith; intentional infliction Gustafson limiting relief which of emotional distress applied may be sought under federal to insurance contracts; tortious securities law. (d) 31:509 interference with property in the insurance context (a) 31:57 STATUTORY CONSTRUCTION TRIAL PRACTICE Developments in Oklahoma Law This article discusses judicial (a) 31:753 construction of the Hobbs VOTING Act, the federal act which has been used to prosecute public Discussion of the Supreme Officials for corruption. The Court’s October 1994 Term author provides an analysis of, equal opportunity cases and workable solution for, the regarding public school apparent split in decisions segregation, minority business among the circuit courts which programs and racially have struggled to define the influenced voting districts. (d) 31:425 elements required for State-imposed term limits on conviction under the Act. (d) 31:781 members of Congress (c) 31:585 This comment discusses the ZONING liability of parent corporations Impact on land-use exactions for the hazardous waste under new Federal Takings violations of their subsidiaries. standard (c) 31:181 Based on the plain language of CERCLA, and on case law interpreting CERCLA, it is unclear whether parent corporations may be held liable for the hazardous waste violations of their subsidiaries. (c) 31:819 TAXATION In the State of Oklahoma public service companies and various (a) refers to addresses; (a) articles; (c) notes and comments;