Volume 26, Issue 1

ARTICLES

The Tort of Bad Faith in First-Party Insurance Transactions: Refining the Standard of Culpability and Reformulating the Remedies by Statute
Roger C. Henderson

Deconstructing Los Angeles or a Secret Fax from Magritte Regarding Postliterate Legal Reasoning: A Critique of Legal Education
C. Garrison Lepow

Comparative Negligence Under the Code: Protecting Negligent Bands Against Negligent Customers
Julianna J. Zekan

NOTES

Equity in Public Education: School-Finance Reform in Michigan
William S. Koski

You’ve Built the Bridge, Why Don’t You Cross It? A Call for State Labor Laws Prohibiting Private Employment Discrimination on the Basis of Sexual Orientation
David E. Morrison

Volume 26, Issue 2

ARTICLES

The Challenge of Indigenous Self-Determination
Russel Lawrence Barsh

Public Employees’ Right to Strike: Law and Experience
Martin H. Malin

Filling an Enforcement Void: Using Testers to Uncover and Remedy Discrimination in Hiring for Lower-Skilled, Entry-Level Jobs
Michael J. Yelnosky

NOTE

A Failure of Communication: An Argument for the Closing of the NYSE Floor
Gerald T. Nowak

Volume 26, Issue 3

Eliminating the Labyrinth: A Proposal to Simplify Federal Mortgage Lending Discrimination Laws
Stephen M. Dane

Designating Male Parents at Birth
Jeffrey A. Parness

NOTES

Starting from Scratch: The First-Amendment Reporter-Source Privilege and the Doctrine of Incidental Restrictions
Marcus A. Asner

The Writing on Our Walls: Finding Solutions Through Distinguishing Graffiti Art from Graffiti Vandalism
Marisa A. Gómez

Reforming FCC Regulation of Dominant Telephone Carriers: Putting Some Teeth into the Test for Predation
Thomas K. Gump

Volume 26, Issue 4

Symposium: Welfare Law

ARTICLES

Foreword: The Many Contexts of Welfare Reform
Jeffrey S. Lehman

Disentitling the Poor: Waivers and Welfare "Reform"
Susan Bennett and Kathleen A. Sullivan

The Income Tax Treatment of Social Welfare Benefits
Jonathan Barry Forman

Reforming Welfare Through Social Security
Stephen D. Sugarman

NOTE

The Bar in America: The Role of Elitism in a Liberal Democracy
Philip S. Stamatakos

Volume 27, Issue 1

ARTICLES

Lawyers at the Prison Gates: Organizational Structure and Corrections Advocacy
Susan P. Sturm

War and P.E.A.C.E.: A Preliminary Report and a Model Statute on an Interdisciplinary Educational Program for Divorcing and Separating Parents
Andrew Schepard

Excuses, Excuses: Neutral Explanations Under Batson v. Kentucky
Michael J. Raphael and Edward J. Ungvarsky

NOTES

Nothing Lasts Forever: Toward a Coherent Theory in American Preservation Law
Kathryn R.L. Rand

Bankruptcy Courts and Stare Decisis: The Need for Restructuring
Jeffrey J. Brookner

Volume 27, Issue 2

ARTICLES

The Individuals with Disabilities Education Act: A Parent’s Perspective and Proposal for Change
Martin A. Kotler

Uncivil Procedure: Ranking Law Students Among Their Peers
Douglas A. Henderson

Aiding and Altruism: A Mythopsycholegal Analysis
Thomas C. Galligan, Jr.

NOTES

Toward a More Perfect Union: A Federal Cause of Action for Physician Aid-in-Dying
Todd David Robichaud

Verbal Sexual Harassment as Equality-Depriving Conduct
Keith R. Fentonmiller

Volume 27, Issues 3 & 4

Symposium: Revitalizing America’s Cities

ARTICLES

Urban Revitalization and Community Finance: An Introduction
Peter R. Pitegoff

Meeting the Challenge of Urban Revitalization
Henry G. Cisneros

Building Community Among Diversity: Legal Services for Impoverished Immigrants
Robert L. Bach

United States Urban Policy: What Is Left? What Is Right?
Jack Sommer

Redevelopment Redefined: Revitalizing the Central City with Resident Control
Benjamin B. Quinones

Community Development Banking Strategy for Revitalizing our Communities
Rochelle E. Lento

Revitalizing our Cities or Restoring Ties to Them? Redirecting the Debate
Donald A. Hicks

NOTES

Losing the Right to Confront: Defining Waiver to Better Address a Defendant’s Actions and Their Effects on a Witness
David J. Tess

The New Gold Rush: Mine Tailings in Southeast Alaska and Perversion of the Clean Water Act
Beth Leibowitz

Eyes to the Future, Yet Remembering the Past: Reconciling Tradition with the Future of Legal Education
Amy M. Colton

Volume 28, Issue 1

ARTICLES

Employment Discrimination Testing: Theories of Standing and a Reply to Professor Yelnosky
Leroy D. Clark

Erasing Race from Legal Education
Judith G. Greenberg

Restrictions on Publication and Citation of Judicial Opinions: A Reassessment
Robert J. Martineau

Salvaging the Opportunity: A Response to Professor Clark
Michael J. Yelnosky

NOTE

Mail-Order Brides: Gilded Prostitution and the Legal Response
Eddy Meng

Volume 28, Issue 2

ARTICLES

Furthering the Accountability Principle in Privatized Federal Corrections: The Need for Access to Private Prison Records
Nicole B. Casarez

Legislatively Directed Judicial Activism: Some Reflections on the Meaning of the Civil Justice Reform Act
Matthew R. Kipp and Paul B. Lewis

Diluting Justice on Appeal? An Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals
Richard B. Saphire and Michael E. Solimine

NOTES

The Emerging Role of the Quid Pro Quo Requirement in Public Corruption Prosecutions Under the Hobbs Act
Peter D. Hardy

Professional Responsibility and Choice of Law: A Client-Based Alternative to the Model Rules of Professional Conduct
Colin Owyang

Volume 28, Issue 3

Symposium: Adequacy Litigation in School Finance

ARTICLES

Educational Adequacy: A Theory and Its Remedies
William H. Clune

School Finance Adequacy as Vertical Equity
Julie K. Underwood

Oklahoma School Finance Litigation: Shifting from Equity to Adequacy
Mark R. Grossman

Establishing Education Program Inadequacy: The Alabama Example
Martha I. Morgan, Adam S. Cohen, and Helen Hershkoff

Achieving Equity and Excellence in Kentucky Education
C. Scott Trimble and Andrew C. Forsaith

Accelerated Education as a Remedy for High-Poverty Schools
William H. Clune

NOTES

Decreasing the Costs of Jurisdictional Gridlock: Merger of the Securities and Exchange Commission and the Commodity Futures Trading Commission
Mark Frederick Hoffman

Parents and the State: Joining Forces to Report Incest and Support Its Victims
Lynne Olman Lourim

Volume 28, Issue 4

ARTICLES

Calming AIDS Phobia: Legal Implications of the Low Risk of Transmitting HIV in the Health Care Setting
American Bar Association
AIDS Coordinating Committee
Edited by Eric N. Richardson and Salvatore J. Russo

Direct Democracy and Bioethical Choices: Voting Life and Death at the Ballot Box
Judith F. Daar

Fictions, Fault, and Forgiveness: Jury Nullification in a New Context
David N. Dorfman and Chris K. Iijima

NOTES

Regulating Viatical Settlements: Is the Invisible Hand Picking the Pockets of the Terminally Ill?
Russell J. Herron

Electronic Mail and Michigan’s Public Disclosure Laws: The Argument for Public Access to Governmental Electronic Mail
Daniel F. Hunter

Volume 29, Issues 1 & 2

Symposium: Unemployment Compensation: Continuity and Change

ARTICLES

Introduction
Jerry L. Mashaw

Part I:  Unemployment Compensation and Eligibility

Introduction: Unemployment Compensation Eligibility
Cheryl A. Leanza

A Case for Pregnancy-Based Unemployment Insurance
Mark. R. Brown

Clarifying Conditions for Nonmonetary Eligibility in the Unemployment Insurance System
Amy B. Chasanov

Unemployment Compensation in a Time of Increasing Work-Family Conflicts
Martin H. Malin

Down and Out in Weslaco, Texas and Washington, D.C.: Race-Based Discrimination Against Farm Workers Under Federal Unemployment Insurance
Laurence E. Norton II and Marc Linder

Part II: Unemployment Compensation and Procedural Issues

Introduction: Procedural Reform in the Unemployment Insurance System
Marla D. Clark and Jesse S. Reyes

Timeliness in the Unemployment Compensation Appeals Process: The Need for Increased Federal Oversight
Sharon M. Dietrich and Cynthia L. Rice

Representation of Claimants at Unemployment Compensation Proceedings: Identifying Models and Proposed Solutions
Maurice Emsellem and Monica Halas

Are Non-English-Speaking Claimants Served by Unemployment Compensation Programs? The Need for Bilingual Services
Mary K. Gillepsie and Cynthia G. Schneider

Essay: Torquemada and Unemployment Compensation Appeals
William W. Milligan

Due Process Implications of Telephone Hearings: The Case for an Individualized Approach to Scheduling Telephone Hearings
Allan A. Toubman, Tim McArdle, Linda Rogers-Tomer

Part III: Federal Standards and Enforcement

Introduction: The Federal-State Partnership of Unemployment Compensation
Richard W. Fanning, Jr.

Interstate Claims: Their History and Their Challenges
Mark D. Esterle

The Law and Politics of the Enforcement of Federal Standards for the Administration of Unemployment Insurance Hearings
John C. Gray, Jr. and Jane Greengold Stevens

Federal Law Requirements for the Federal-State Unemployment Compensation System: Interpretation and Application
Gerard Hildebrand

Unemployment Compensation for Employees of Educational Institutions: How State Courts Have Created Variations on Federally Mandated Statutory Language
Maribeth Wilt-Seibert

NOTES

The Big Chill: Third-Party Documents and the Reporter’s Privilege
Bradley S. Miller

ABA Accreditation of Law Schools: An Antitrust Analysis
Andy Portinga

Volume 29, Issue 3

ARTICLES

The Proposed Model Surrogate Parenthood Act: A Legislative Response to the Challenges of Reproductive Technology
Murray L. Manus

Are the Similarities Between a Woman’s Right to Choose an Abortion and the Alleged Right to Assisted Suicide Really Compelling?
Marc Spindelman

NOTE

Loss of Protection as Injury in Fact: An Approach to Establishing Standing to Challenge Environmental Planning Decisions
Miles A. Yanick

Volume 29, Issue 4

ARTICLES

A Mere Youthful Indiscretion? Reexamining the Policy of Expunging Juvenile Delinquency Records
T. Markus Funk

Adverse Possession Against the States: The Hornbooks Have It Wrong
Paula R. Latovick

The Future of the Post-Batson Peremptory Challenge: Voir Dire by Questionnaire and the "Blind" Peremptory
Jean Montoya

NOTE

Drive-Through Deliveries: In Support of Federal Legislation to Mandate Insurer Coverage of Medically Sound Minimum Lengths of Postpartum Stays for Mothers and Newborns
Freeman L. Farrow