INDEX TO VOLUME 1994 ARTICLES & ESSAYS—AUTHORS Austin, Arthur—The Top Ten Politically Correct Law Reviews Austin, Regina—“A Nation of Thieves”: Securing Black People’s Right to Shop and to Sell in White America Burrington, Debra D.—Constructing the Outlaw, Outing the Law, and Throwing Out the Law Cassell, Paul G.—Balancing the Scales of Justice: The Case for and the Effects of Utah’s Victims’ Rights Amendment Danielsen, Dan—Law and Violence Engle, Karen L.—Views from the Margins: A Response to David Kennedy Kennedy, David—The International Style in Postwar Law and Policy Kogan, Terry S.—Legislative Violence Against Lesbians and Gay Men Koh, Harold Hongju—Refugees, the Courts, and the New World Order LaFrance, Mary—Constitutional Implications of Acquisition-Value Real Property Taxation: Assessing the Burdens on Travel and Commerce LaFrance, Mary—Constitutional Implications of Acquisition-Value Real Property Taxation: The Elusive Rational Basis Maltz, Earl M.—The Legacy of Griggs v. Duke Power Co.: A Case Study in the Impact of a Modernist Statutory Precedent Martinez, Theresa A.—Embracing the Outlaws: Deviance at the Intersection of Race, Class, and Gender Porras, Ileana M.—On Terrorism: Reflections on Violence and the Outlaw Regan, Milton C., Jr—Market Discourse and Moral Neutrality in Divorce Law Roberts, Dorothy E.—Deviance, Resistance, and Love Schneider, Carl E.—Marriage, Morals, and the Law: No-Fault Divorce and Moral Discourse Scott, Elizabeth S.—Rehabilitating Liberalism in Modern Divorce Law 1622 UTAH LAW REVIEW [1994:1621 Thornton, Arland—Comparative and Historical Perspectives on Marriage, Divorce, and Family Life Wardle, Lynn D.—Divorce Violence and the No-Fault Divorce Culture Weisbrod, Carol—The Way We Live Now: A Discussion of Contracts and Domestic Arrangements Wood, Mary Christina—Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited ARTICLES & ESSAYS—TITLES “A Nation of Thieves”: Securing Black People’s Right to Shop and to Sell in White America. Regina Austin Balancing the Scales of Justice: The Case for and the Effects of Utah’s Victims’ Rights Amendment. Paul G. Cassell .... Comparative and Historical Perspectives on Marriage, Divorce, and Family Life. Arland Thornton Constitutional Implications of Acquisition-Value Real Property Taxation: Assessing the Burdens on Travel and Commerce. Mary LaFrance Constitutional Implications of Acquisition-Value Real Property Taxation: The Elusive Rational Basis. Mary LaFrance Constructing the Outlaw, Outing the Law, and Throwing Out the Law. Debra D. Burrington Deviance, Resistance, and Love. Dorothy E. Roberts Divorce Violence and the No-Fault Divorce Culture. Lynn D. Wardle Embracing the Outlaws: Deviance at the Intersection of Race, Class, and Gender. Theresa A. Martinez Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited. Mary Christina Wood Law and Violence. Dan Danielsen Legislative Violence Against Lesbians and Gay Men. Terry S. Kogan Market Discourse and Moral Neutrality in Divorce Law. eS ao SW wk Soa es 4A Bawa aN s eee 605 Marriage, Morals, and the Law: No-Fault Divorce and Moral Discourse. Carl E. Schneider On Terrorism: Reflections on Violence and the Outlaw. Ileana M. Porras Refugees, the Courts, and the New World Order. Harold Hongju Koh Rehabilitating Liberalism in Modern Divorce Law. Elizabeth S. Scott The International Style in Postwar Law and Policy. David Kennedy The Legacy of Griggs v. Duke Power Co.: A Case Study in the Impact of a Modernist Statutory Precedent. Earl M. Maltz No. 4] INDEX The Top Ten Politically Correct Law Reviews. Arthur Austin ... The Way We Live Now: A Discussion of Contracts and Domestic Arrangements. Carol Weisbrod Views from the Margins: A Response to David Kennedy. Karen L. Engle DEVELOPMENTS IN UTAH LAW 1993 Amendments to Hazardous Waste Fees Amendments to Limit the Commitment of Incompetent Defendants Apportioning the Comparative Fault of Nonparty Joint Tortfeasors Centennial Schools Program Changes in the Laws of Defamation, Invasion of Privacy, and Intentional Infliction of Emotional Distress Constitutional Challenges to Alleged Discriminatory Peremptory Strikes Constitutional Defense Council Discovery of Expert Witnesses Evidentiary Exclusion Improper Remedy for Failure to Justify Nighttime Search in Affidavit for Search Warrant Exclusion of Illegally Obtained Evidence in a Quasi-Criminal Proceeding Fruit of the Poisonous Tree Doctrine and Standard of Review for Voluntariness of Consent Following Police Illegality Liability of Municipalities for Civil Rights Violations Under Section 1983 Limiting Administrative Agencies’ Ability to Avoid Stare Decisis When Making Decisions Mandatory Judicial Enforcement of Final Orders of the Industrial Commission in Employment Discrimination Cases Priorities of the Trustee in Administering Utah’s School Trust Lands Private Property Protection Act Recognizing Constitutional Freedoms in Public Schools Sexual Harassment, Retaliatory Discharge, and Common-law Causes of Action The 1993 Utah Abortion Act Revision The Assault and Battery Exception to Waiver of Governmental Immunity in Utah The Manufacturer’s Sales Tax Exemption The Public Policy Exception to Utah’s Employment-at-Will Doctrine and Attorney Fees as Consequential Damages .... The Utah Supreme Court Extends Judicial Immunity to the State Bar in Disciplinary Proceedings 1624 UTAH LAW REVIEW [1994:1621 Toward a Framework for Assessing When a Defendant Is Capable of Knowingly and Intelligently Waiving the Right to Counsel Uninsured Motorist Protection: Application of the Reasonable Expectations Doctrine and Prejudgment Interest Utah Judicial Nomination Commission Amendments Utah Redevelopment Amendments Utah’s Child Welfare Reform Act Utah’s Consortium Laws Unavailable to Parents of an Injured Adult Child Utah’s Standard for Jury Unanimity in Aggravated Murder Cases Utah’s Term Limits Act of 1994 NOTES & COMMENTS Herrera v. Collins: Assuming the Constitution Prohibits the Execution of an Innocent Person, Is the Needle Worth the Search? On Humanitarian Intervention: The New World Order and Wars to Preserve Human Rights Rethinking the ABCs of Utah’s School Trust Lands Rethinking Utah’s Death Penalty Statute: A Constitutional Requirement for the Substantive Narrowing of Aggravating Circumstances Should the Butcher, the Baker, and the Candlestick Maker Be Held Responsible for Hazardous Waste? The Aftermath of Austin v. United States: When Is Civil Forfeiture an Excessive Fine? .................00000- United States v. Denny-Shaffer and Multiple Personality Disorder: “Who Stole the Cookie from the Cookie Jar?” Woodland v. Angus: The Right to Refuse Antipsychotic Drugs and Safeguards Appropriate for Its Protection Zobrest v. Catalina Foothills School District: The Establishment Clause, Government Aid, and Religious CASES NOTED Austin v. United States, 113 S. Ct. 2801 (1993) Herrera v. Collins, 113 S. Ct. 853 (1993) National Parks and Conservation Association v. Board of State Lands, 869 P.2d 909 (Utah 1993) United States v. Denny-Shaffer, 2 F.3d 999 (10th Cir. 1993) .... Woodland v. Angus, 820 F. Supp. 1497 (D. Utah 1993) Zobrest v. Catalina Foothills School District, 113 S. Ct. 2462 (1993) INDEX LIST OF SUBJECTS INDEXED ADMINISTRATIVE LAW FAMILY LAW CIVIL RIGHTS GAY AND LESBIAN RIGHTS CONSTITUTIONAL LAW GOVERNMENT COURTS INDIAN LAW CRIMINAL LAW & INSURANCE LAW PROCEDURE INTERNATIONAL LAW EDUCATION JURY EMPLOYMENT LAW PROPERTY LAW ENVIRONMENTAL LAW TAXATION ETHICS TORT LAW UTAH LAW REVIEW [1994:1621 SUBJECT INDEX ADMINISTRATIVE LAW Limiting Administrative Agencies’ Ability to Avoid Stare Decisis When Making Decisions CIVIL RIGHTS “A Nation of Thieves”: Securing Black People’s Right to Shop and to Sell in White America Deviance, Resistance, and Love Embracing the Outlaws: Deviance at the Intersection of Race, Class, and Gender CONSTITUTIONAL LAW The Aftermath of Austin v. United States: When Is Civil Forfeiture an Excessive Fine? ...................005- 1255 The Legacy of Griggs v. Duke Power Co.: A Case Study in the Impact of a Modernist Statutory Precedent Woodland v. Angus: The Right to Refuse Antipsychotic Drugs and Safeguards Appropriate for Its Protection Zobrest v. Catalina Foothills School District: The Establishment Clause, Government Aid, and Religious Liberty COURTS Utah Judicial Nomination Commission Amendments CRIMINAL LAW & PROCEDURE Amendments to Limit the Commitment of Incompetent Defendants Balancing the Scales of Justice: The Case for and the Effects of Utah’s Victims’ Rights Amendment Discovery of Expert Witnesses Evidentiary Exclusion Improper Remedy for Failure to Justify Nighttime Search in Affidavit for Search Warrant Exclusion of Illegally Obtained Evidence in a Quasi-Criminal Proceeding Fruit of the Poisonous Tree Doctrine and Standard of Review for Voluntariness of Consent Following Police Illegality .. . . Herrera v. Collins: Assuming the Constitution Prohibits the Execution of an Innocent Person, Is the Needle Worth the Search? No. 4] INDEX Rethinking Utah’s Death Penalty Statute: A Constitutional Requirement for the Substantive Narrowing of Aggravating Circumstances Toward a Framework for Assessing When a Defendant Is Capable of Knowingly and Intelligently Waiving the Right to Counsel United States v. Denny-Shaffer and Multiple Personality Disorder: “Who Stole the Cookie From the Cookie Jar?” .... Utah’s Standard for Jury Unanimity in Aggravated Murder Cases EDUCATION Centennial Schools Program Recognizing Constitutional Freedoms in Public Schools The Top Ten Politically Correct Law Reviews EMPLOYMENT LAW Mandatory Judicial Enforcement of Final Orders of the Industrial Commission in Employment Discrimination Cases Sexual Harassment, Retaliatory Discharge, and Common-law Causes of Action The Public Policy Exception to Utah’s Employment-at-Will Doctrine and Attorney Fees as Consequential Damages .... ENVIRONMENTAL LAW 1993 Amendments to Hazardous Waste Fees Rethinking the ABCs of Utah’s School Trust Lands Should the Butcher, the Baker, and the Candlestick Maker Be Held Responsible for Hazardous Waste? ETHICS The Utah Supreme Court Extends Judicial Immunity to the State Bar in Disciplinary Proceedings FAMILY LAW Comparative and Historical Perspectives on Marriage, Divorce, and Family Life Divorce Violence and the No-Fault Divorce Culture Market Discourse and Moral Neutrality in Divorce Law Marriage, Morals, and the Law: No-Fault Divorce and Moral Discourse Rehabilitating Liberalism in Modern Divorce Law The 1993 Utah Abortion Act Revision 1628 UTAH LAW REVIEW [1994:1621 The Way We Live Now: A Discussion of Contracts and Domestic Arrangements Utah’s Child Welfare Reform Act GAY AND LESBIAN RIGHTS Constructing the Outlaw, Outing the Law, and Throwing Out the Law Law and Violence Legislative Violence Against Lesbians and Gay Men GOVERNMENT Constitutional Defense Council Liability of Municipalities for Civil Rights Violations Under Section 1983 Priorities of the Trustee in Administering Utah’s School Trust Lands The Assault and Battery Exception to Waiver of Governmental Immunity in Utah Utah’s Term Limits Act of 1994 INDIAN LAW Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited INSURANCE LAW Uninsured Motorist Protection: Application of the Reasonable Expectations Doctrine and Prejudgment Interest INTERNATIONAL LAW On Humanitarian Intervention: The New World Order and Wars to Preserve Human Rights On Terrorism: Reflections on Violence and the Outlaw Refugees, the Courts, and the New World Order The International Style in Postwar Law and Policy Views from the Margins: A Response to David Kennedy JURY Constitutional Challenges to Alleged Discriminatory Peremptory Strikes No. 4] PROPERTY LAW Private Property Protection Act Utah Redevelopment Amendments TAXATION Constitutional Implications of Acquisition-Value Real Property Taxation: Assessing the Burdens on Travel and Commerce Constitutional Implications of Acquisition-Value Real Property Taxation: The Elusive Rational Basis The Manufacturer’s Sales Tax Exemption TORT LAW Apportioning the Comparative Fault of Nonparty Joint Tortfeasors Changes in the Laws of Defamation, Invasion of Privacy, and Intentional Infliction of Emotional Distress Utah’s Consortium Laws Unavailable to Parents of an Injured Adult Child