Index to Subjects Covered in Volume 56

Transcription

1 Missouri Law Review Volume 57 Issue 4 Fall 1992 Article 13 Fall 1992 Index to Subjects Covered in Volume 56 Follow this and additional works at: Part of the Law Commons Recommended Citation Index to Subjects Covered in Volume 56, 57 Mo. L. Rev. (1992) Available at: This Index and Tables is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized administrator of University of Missouri School of Law Scholarship Repository.

2 iv MISSOURI et al.: Index LAW to Subjects REVIEW Covered in Volume 59 [Vol. 57 Phillips, Michael, Drawing the Line: Missouri Adopts the Zone of Danger Rule for Bystander Emotional Distress Phillips, Michael, Maternal Rights v. Fetal Rights: Court-Ordered Caesareans Ripperger, Nancy, The Inherently Dangerous Doctrine in Missouri: A Socially Just Doctrine? Rollings, Richard, Jr., A Debtor's Interest in ERISA Funds as Property of the Estate: A Question of Statutory Interpretation Stewart, Teresa, Cover Your Assets! Expanding Successor Liability Under CERCLA Sullivan, Kevin, Chapter 13 Bankruptcy: A Foolproof Mechanism for Avoiding Payment of Civil Penalties Arising out of Criminal Conduct? Weinman, Shari S., Birth Related Torts: Can They Fit the Malpractice Mold? Wilson, Paul C., A Pedigree for Due Process? Wilson, Paul C., "Fresh Start" or "Head Start": Missouri Courts Rethink the Role of Tenancies by the Entirety in Bankruptcy Wolff, Nelson G., Minnick v. Mississippi: The Supreme Court Reinforces a Suspect's Right to Have Counsel Present During Custodial Interrogation INDEX TO SUBJECTS COVERED IN VOLUME 56 ACroNS AND DEFENSES Drawing the Line: Missouri Adopts the Zone of Danger Rule for Bystander Emotional Distress ADMINISTRATIVE AGENCIES The Effects of Recent Developments on the TELCO/CATV Cross-Ownership Prohibitions Published by University of Missouri School of Law Scholarship Repository,

3 1992] Missouri INDEX Law Review, Vol. 57, Iss. 4 [1992], Art. 13v AFFIRMATIVE ACTION Every Manager's Legal Guide to Hiring, August Bequai The New Disparate Impact Analysis in Employment Discrimination: Emanuel v. Marsh in Light of Watson, Atonio, and the Failed CivilRights Act of AGE DISCRIMINATION Every Manager's Legal Guide to Hiring, August Bequai ALIENS The Domestic Fourth Amendment Rights of Aliens: To What Extent Do They Survive United States v. Verdugo-Urquidez? ARREST Minnick v. Mississippi: The Supreme Court Reinforces a Suspect's Right to Have Counsel Present During Custodial Interrogation ATTORNEY AND CLIENT Minnick v. Mississippi: The Supreme Court Reinforces a Suspect's Right to Have Counsel Present During Custodial Interrogation AUTOBIOGRAPHY The First and Only Verified Autobiography of the 32nd President of the United States AUTOMOBILE INSURANCE Missouri's Stance on Household Exclusion Clauses in Automobile Insurance Contracts: Consistent with Public Policy? BANKS AND BANKING A Statutory Proposal for the Regulation of Fairness Opinions in Corporate Control Transactions

4 vi et al.: Index to Subjects Covered in Volume 59 MISSOURI LAW REVIEW [Vol. 57 Don't Get Involved!-How Unsuspecting Secured Creditors May Incur Liability under CERCLA by "Participating in the Management" of a Debtor's "Facility Examining the Mystery Behind the Unusually and Inexplicably Broad Provisions of Section Seven of the Uniform Trustees' Power -Act: A Call for Clarification BANKRUPTCY A Debtor's Interest in ERISA Funds as Property of the Estate: A Question of Statutory Interpretation Bankruptcy and Class Actions: The Continuing Conflict Over Class Proofs of Claim Bankruptcy, Contracts and Utilitarianism Chapter 13 Bankruptcy: A Foolproof Mechanism for Avoiding Payment of Civil Penalties Arising out of Criminal Conduct? Conversion of Nonexempt Assets to Exempt Assets Prior to Bankruptcy-A Question of Fraud? "Fresh Start" or "Head Start": Missouri Courts Rethink the Role of Tenancies by the Entirety in Bankruptcy Including Retirement Benefits in a Debtor's Bankruptcy Estate: A Proposal for Harmonizing ERISA and the Bankruptcy Code Modification of an Undersecured Home Mortgage in a Chapter 13 Proceeding Personal Bankruptcy Discharge and the Myth of the Unchecked Homestead Exemption Reasonably Necessary Expenses or Life of Riley?: The Disposable Income Test and a Chapter 13 Debtor's Lifestyle Recent Amendments to the Bankruptcy Code-A Politically Motivated Less Fresh Start? Section 362(h): Applicable to Corporate Debtors? Published by University of Missouri School of Law Scholarship Repository,

5 1992] Missouri INDEX Law Review, Vol. 57, Iss. 4 [1992], Art. 13 Statutory Authority for Bankruptcy Judges to Conduct Jury Trials: Fact or Fiction CHARITABLE TRUSTS Examining the Mystery Behind the Unusually and Inexplicably Broad Provisions of Section Seven of the Uniform Trustees' Power Act: A Call for Clarification CHURCHES Reasonably Necessary Expenses or Life of Riley?: The Disposable Income Test and a Chapter 13 Debtor's Lifestyle CITIZENS AND CITIZENSHIP A Pedigree for Due Process? CIVIL PROCEDURE A Pedigree for Due Process? Righting the Wrong of Woytus: A Proposal for Adoption of a Rule in Missouri Creating a New Category of Depositions Which May be Used for Discovery Purposes Only CIVIL RIGHTS Minnick v. Mississippi: The Supreme Court Reinforces a Suspect's Right to Have Counsel Present During Custodial Interrogation Schoolbooks In the Missouri River? A Possible Response to Missouri v. Jenkins The New Disparate Impact Analysis in Employment Discrimination: Emanuel v. Marsh in Light of Watson, Atonio, and the Failed Civil Rights Act of CLASS ACTIONS Bankruptcy and Class Actions: The Continuing Conflict Over Class Proofs of Claim

6 viii MISSOURI et al.: Index LAW to Subjects REVIEW Covered in Volume 59 [Vol. 57 CLOSE CORPORATIONS Avoiding a Minority Shareholder Oppression Claim in a Close Corporation in Missouri: The Impact of the New Close Corporation Statutes CoNFLicr OF LAW A Pedigree for Due Process? Dealing With Missouri's Choice of Law Mess... 1 CONSTITUTIONAL LAW A Pedigree for Due Process? Employee Refusals to Cooperate in Internal Investigations: "Into the Woods" with Employers, Courts, and Labor Arbitrators Earl F. Nelson Memorial Lecture Minnick v. Mississippi: The Supreme Court Reinforces a Suspect's Right to Have Counsel Present During Custodial Interrogation Preserving Pendent Claims Subject to Special Limitation Periods in Missouri after the Judicial Improvements Act of Schoolbooks In the Missouri River? A Possible Response to Missouri v. Jenkins The Domestic Fourth Amendment Rights of Aliens: To What Extent Do They Survive United States v. Verdugo-Urquidez? The Future of Desegregation After Dowell: Returning to Pre-Brown Days? The Supreme Court's Decision in Cheek: Does It Encourage Willful Tax Evasion? The Validity of Local Right-to-Work Ordinances under Federal and Missouri Law Published by University of Missouri School of Law Scholarship Repository,

7 1992] Missouri INDEX Law Review, Vol. 57, Iss. 4 [1992], Art. 13 ix CONTEMPT Section 362(h): Applicable to Corporate Debtors? CONTRACTS Missouri's Stance on Household Exclusion Clauses in Automobile Insurance Contracts: Consistent with Public Policy? Bankruptcy, Contracts and Utilitarianism CORPORATIONS A Statutory Proposal for the Regulation of Fairness Opinions in Corporate Control Transactions Avoiding a Minority Shareholder Oppression Claim in a Close Corporation in Missouri: The Impact of the New Close Corporation Statutes Section 362(h): Applicable to Corporate Debtors? COURTS A Pedigree for Due Process? Dealing With Missouri's Choice of Law Mess... 1 Maternal Rights v. Fetal Rights: Court-Ordered Caesareans CREDITOR RIGHTS Bankruptcy and Class Actions: The Continuing Conflict Over Class Proofs of Claim Chapter 13 Bankruptcy: A Foolproof Mechanism for Avoiding Payment of Civil Penalties Arising out of Criminal Conduct? Conversion of Nonexempt Assets to Exempt Assets Prior to Bankruptcy-A Question of Fraud? Don't Get Involved!-How Unsuspecting Secured Creditors May 6

8 x et al.: Index to Subjects Covered in Volume 59 MISSOURI LAWREVIEW [Vol. 57 Incur Liability under CERCLA by "Participating in the Management" of a Debtor's "Facility" "Fresh Start" or "Head Start": Missouri Courts Rethink the Role of Tenancies by the Entirety in Bankruptcy Including Retirement Benefits in a Debtor's Bankruptcy Estate: A Proposal for Harmonizing ERISA and the Bankruptcy Code Personal Bankruptcy Discharge and the Myth of the Unchecked Homestead Exemption Reasonably Necessary Expenses or Life of Riley?: The Disposable Income Test and a Chapter 13 Debtor's Lifestyle Section 362(h): Applicable to Corporate Debtors? CRIMINAL LAW Minnick v. Mississippi: The Supreme Court Reinforces a Suspect's Right to Have Counsel Present During Custodial Interrogation Missouri Takes a Step Forward: The Status of "Battered Spouse Syndrome" in Missouri Of Complicity and Enterprise Criminality: Applying Pinkerton Liability to RICO Actions The Supreme Court's Decision in Cheek: Does It Encourage Willful Tax Evasion? CRIMINAL PROCEDURE Minnick v. Mississippi: The Supreme Court Reinforces a Suspect's Right to Have Counsel Present During Custodial Interrogation The Domestic Fourth Amendment Rights of Aliens: To What Extent Do They Survive United States v. Verdugo-Urquidez? DAMAGES Bankruptcy, Contracts and Utilitarianism Published by University of Missouri School of Law Scholarship Repository,

9 1992] Missouri INDEX Law Review, Vol. 57, Iss. 4 [1992], Art. 13xi Section 362(h): Applicable to Corporate Debtors? Supervisory Liability Under 42 U.S.C. Section 1983: Searching for the Deep Pocket DEBTOR AND CREDITOR A Debtor's Interest in ERISA Funds as Property of the Estate: A Question of Statutory Interpretation Bankruptcy and Class Actions: The Continuing Conflict Over Class Proofs of Claim Bankruptcy, Contracts and Utilitarianism Conversion of Nonexempt Assets to Exempt Assets Prior to Bankruptcy-A Question of Fraud? Don't Get Involved!-How Unsuspecting Secured Creditors May Incur Liability under CERCLA by "Participating in the Management" of a Debtor's "Facility" "Fresh Start" or "Head Start": Missouri Courts Rethink the Role of Tenancies by the Entirety in Bankruptcy Modification of an Undersecured Home Mortgage in a Chapter 13 Proceeding Personal Bankruptcy Discharge and the Myth of the Unchecked Homestead Exemption Section 362(h): Applicable to Corporate Debtors? Statutory Authority for Bankruptcy Judges to Conduct Jury Trials: Fact or Fiction DEPOSITIONS Righting the Wrong of Woytus: A Proposal for Adoption of a Rule in Missouri Creating a New Category of Depositions Which May be Used for Discovery Purposes Only

10 et al.: Index to Subjects Covered in Volume 59 MISSOURI LAW REVIEW [Vol. 57 DESEGREGATION Earl F. Nelson Memorial Lecture DISCOVERY Righting the Wrong of Woytus: A Proposal for Adoption of a Rule in Missouri Creating a New Category of Depositions Which May be Used for Discovery Purposes Only DISCRIMINATION Every Manager's Legal Guide to Hiring, August Bequai The Future of Desegregation After Dowell: Returning to Pre-Brown Days? DOMESTIC RELATIONS Missouri Takes a Step Forward: The Status of "Battered Spouse Syndrome" in Missouri DOMICILE The Domestic Fourth Amendment Rights of Aliens: To What Extent Do They Survive United States v. Verdugo-Urquidez? DRUGS AND NARCOTICS The Domestic Fourth Amendment Rights of Aliens: To What Extent Do They Survive United States v. Verdugo-Urquidez? DUE PROCESS OF LAW A Pedigree for Due Process? EDUCATION Reasonably Necessary Expenses or Life of Riley?: The Disposable Income Test and a Chapter 13 Debtor's Lifestyle Schoolbooks In the Missouri River? A Possible Response to Missouri v. Jenkins Published by University of Missouri School of Law Scholarship Repository,

11 Missouri 1992] INDEX Law Review, Vol. 57, Iss. 4 [1992], Art. 13 xiii The Future of Desegregation After Dowell: Returning to Pre-Brown Days? EMPLOYER AND EMPLOYEE Every Manager's Legal Guide to Hiring, August Bequai Supervisory Liability Under 42 U.S.C. Section 1983: Searching for the Deep Pocket The New Disparate Impact Analysis in Employment Discrimination: Emanuel v. Marsh in Light of Watson, Atonio, and the Failed Civil Rights Act of EMPLOYMENT DISCRIMINATION Every Manager's Legal Guide to Hiring, August Bequai The New Disparate Impact Analysis inemployment Discrimination: Emanuel v. Marsh in Light of Watson, Atonio, and the Failed Civil Rights Act of EMPLOYMENT LAW Employee Refusals to Cooperate in Internal Investigations: "Into the Woods" with Employers, Courts, and Labor Arbitrators Every Manager's Legal Guide to Hiring, August Bequai ENVIRONMENTAL LAW Don't Get Involved!-How Unsuspecting Secured Creditors May Incur Liability under CERCLA by "Participating in the Management" of a Debtor's "Facility" Maternal Rights v. Fetal Rights: Court-Ordered Caesareans EQUAL PROTECTION The Future of Desegregation After Dowell: Returning to Pre-Brown Days?

12 et al.: Index to Subjects Covered in Volume 59 xiv MISSOURI LAW REVIEW [Vol. 57 EQUITABLE REMEDIES Every Manager's Legal Guide to Hiring, August Bequai Maternal Rights v. Fetal Rights: Court-Ordered Caesareans ERISA A Debtor's Interest in ERISA Funds as Property of the Estate: A Question of Statutory Interpretation Including Retirement Benefits in a Debtor's Bankruptcy Estate: A Proposal for Harmonizing ERISA and the Bankruptcy Code EVIDENCE Missouri Removes a Tough Hurdle for "Slip and Fall" Plaintiffs Missouri Takes a Step Forward: The Status of "Battered Spouse Syndrome" in Missouri Reexamining Polygraph Admissibility FAMILY LAW Maternal Rights v. Fetal Rights: Court-Ordered Caesareans Missouri Takes a Step Forward: The Status of "Battered Spouse Syndrome" in Missouri FEDERAL COURTS A Pedigree for Due Process? Preserving Pendent Claims Subject to Special Limitation Periods in Missouri after the Judicial Improvements Act of Statutory Authority for Bankruptcy Judges to Conduct Jury Trials: Fact or Fiction The Effects of Recent Developments on the TELCO/CATV Cross-Ownership Prohibitions Published by University of Missouri School of Law Scholarship Repository,

13 Missouri Law Review, Vol. 57, Iss. 4 [1992], Art ] INDEX xv FEDERAL PROCEDURE A Pedigree for Due Process? Preserving Pendent Claims Subject to Special Limitation Periods in Missouri after the Judicial Improvements Act of Reexamining Polygraph Admissibility Statutory Authority for Bankruptcy Judges to Conduct Jury Trials: Fact or Fiction FEDERAL TAXATION The Supreme Court's Decision in Cheek: Does It Encourage Willful Tax Evasion? FEDERALISM Dealing With Missouri's Choice of Law Mess... 1 FETAL HEALTH Birth Related Torts: Can They Fit the Malpractice- Mold? Maternal Rights v. Fetal Rights: Court-Ordered Caesareans FIDUCIARY DuTY Avoiding a Minority Shareholder Oppression Claim in a Close Corporation in Missouri: The Impact of the New Close Corporation Statutes FIFrH AMENDMENT Employee Refusals to Cooperate in Internal Investigations: "Into the Woods" with Employers, Courts, and Labor Arbitrators FINANCIAL INSTITUTIONS Recent Amendments to the Bankruptcy Code-A Politically Motivated Less Fresh Start?

14 et al.: Index to Subjects Covered in Volume 59 MISSOURI LAW REVIEW [Vol. 57 FORECLOSURE Don't Get Involved!l-How Unsuspecting Secured Creditors May Incur Liability under CERCLA by "Participating in the Management" of a Debtor's "Facility" Modification of an Undersecured Home Mortgage in a Chapter 13 Proceeding FOURTH AMENDMENT The Domestic Fourth Amendment Rights of Aliens: To What Extent Do They Survive United States v. Verdugo-Urquidez? FOURTEENTH AMENDMENT Employee Refusals to Cooperate in Internal Investigations: "Into the Woods" with Employers, Courts, and Labor Arbitrators FRAUD AND DECEIT Avoiding a Minority Shareholder Oppression Claim in a Close Corporation in Missouri: The Impact of the New Close Corporation Statutes Conversion of Nonexempt Assets to Exempt Assets Prior to Bankruptcy-A Question of Fraud? Personal Bankruptcy Discharge and the Myth of the Unchecked Homestead Exemption GIFTs Examining the Mystery Behind the Unusually and Inexplicably Broad Provisions of Section Seven of the Uniform Trustees' Power Act: A Call for Clarification HOMICIDE Missouri Takes a Step Forward: The Status of "Battered Spouse Syndrome" in Missouri Published by University of Missouri School of Law Scholarship Repository,

15 1992] Missouri Law Review, Vol. 57, Iss. 4 [1992], Art. 13 INDEX xvii HOMESTEAD "Fresh Start" or "Head Start": Missouri Courts Rethink the Role of Tenancies by the Entirety in Bankruptcy Personal Bankruptcy Discharge and the Myth of the Unchecked Homestead Exemption HUSBAND AND WIFE "Fresh Start" or "Head Start": Missouri Courts Rethink the Role of Tenancies by the Entirety in Bankruptcy Missouri Takes a Step Forward: The Status of "Battered Spouse Syndrome" in Missouri IMPEACHMENT OF WITNESSES Reexamining Polygraph Admissibility INFANTS Birth Related Torts: Can They Fit the Malpractice Mold? INJUNCrIONS The Future of Desegregation After Dowell: Returning to Pre-Brown Days? INSIDER TRADING A Statutory Proposal for the Regulation of Fairness Opinions in Corporate Control Transactions JOINT TENANCY "Fresh Start" or "Head Start": Missouri Courts Rethink the Role of Tenancies by the Entirety in Bankruptcy JUDICIAL REVIEW The Role of Legislative History in Statutory Interpretation: A New ERA After the Resignation of Justice William Brennan?

16 et al.: Index to Subjects xviii MISSOURI LAW REVIEW Covered in Volume [Vol JURISDICTION A Pedigree for Due Process? Preserving Pendent Claims Subject to Special Limitation Periods in Missouri after the Judicial Improvements Act of JURISPRUDENCE Dealing With Missouri's Choice of Law Mess... 1 JURY INSTRUCTIONS The Supreme Court's Decision in Cheek: Does It Encourage Willful Tax Evasion? JURY TRIAL Statutory Authority for Bankruptcy Judges to Conduct Jury Trials: Fact or Fiction LABOR LAW Every Manager's Legal Guide to Hiring, August Bequai The Inherently Dangerous Doctrine in Missouri: A Socially Just Doctrine? The Validity of Local Right-to-Work Ordinances under Federal and Missouri Law LABOR RELATIONS Every Manager's Legal Guide to Hiring, August Bequai The Validity of Local Right-to-Work Ordinances under Federal and Missouri Law LEGISLATION Including Retirement Benefits in a Debtor's Bankruptcy Estate: A Proposal for Harmonizing ERISA and the Bankruptcy Code Modification of an Undersecured Home Mortgage Published by University of Missouri School of Law Scholarship Repository,

17 1992] Missouri INDEX Law Review, Vol. 57, Iss. 4 [1992], Art. 13 xix in a Chapter 13 Proceeding LEGISLATIVE HISTORY The Role of Legislative History in Statutory Interpretation: A New ERA After the Resignation of Justice William Brennan? LIABILITY WITHOUT FAULT The Inherently Dangerous Doctrine in Missouri: A Socially Just Doctrine? LIENS Don't Get Involved-How Unsuspecting Secured Creditors May Incur Liability under CERCLA by "Participating in the Management" of a Debtor's "Facility" Modification of an Undersecured Home Mortgage in a Chapter 13 Proceeding LITIGATION The First and Only Verified Autobiography of the 32nd President of the United States MASTER AND SERVANT The Inherently Dangerous Doctrine in Missouri: A Socially Just Doctrine? MEDICAL MALPRACTICE Birth Related Torts: Can They Fit the Malpractice Mold? Drawing the Line: Missouri Adopts the Zone of Danger Rule for Bystander Emotional Distress MEDICINE Maternal Rights v. Fetal Rights: Court-Ordered Caesareans

18 et al.: Index to Subjects Covered in Volume 59 xx MISSOURI LAW REVIEW [Vol. 57 MORTGAGES Don't Get Involved!-How Unsuspecting Secured Creditors May Incur Liability under CERCLA by "Participating in the Management" of a Debtor's "Facility" Modification of an Undersecured Home Mortgage in a Chapter 13 Proceeding Reasonably Necessary Expenses or Life of Riley?: The Disposable Income Test and a Chapter 13 Debtor's Lifestyle NEGLIGENCE Birth Related Torts: Can They Fit the Malpractice Mold? Drawing the Line: Missouri Adopts the Zone of Danger Rule for Bystander Emotional Distress Missouri Removes a Tough Hurdle for "Slip and Fall" Plaintiffs Missouri's Stance on Household Exclusion Clauses in Automobile Insurance Contracts: Consistent with Public Policy? PARENT AND CHILD Birth Related Torts: Can They Fit the Malpractice Mold? Maternal Rights v. Fetal Rights: Court-Ordered Caesareans PENDENT CLAIMS Preserving Pendent Claims Subject to Special Limitation Periods in Missouri after the Judicial Improvements Act of PENSIONS A Debtor's Interest in ERISA Funds as Property of the Estate: A Question of Statutory Interpretation Including Retirement Benefits in a Debtor's Bankruptcy Estate: A Proposal for Harmonizing ERISA and the Bankruptcy Code Published by University of Missouri School of Law Scholarship Repository,

19 1992] Missouri INDEX Law Review, Vol. 57, Iss. 4 [1992], Art. 13 xxi PHYSICIANS AND SURGEONS Birth Related Torts: Can They Fit the Malpractice Mold? Maternal Rights v. Fetal Rights: Court-Ordered Caesareans Righting the Wrong of Woytus: A Proposal for Adoption of a Rule in Missouri Creating a New Category of Depositions Which May be Used for Discovery Purposes Only PINKERTON DOCTRrNE Of Complicity and Enterprise Criminality: Applying Pinkerton Liability to RICO Actions POLITICS The First and Only Verified Autobiography of the 32nd President of the United States PRACrICE AND PROCEDURE A Pedigree for Due Process? PREGNANCY Birth Related Torts: Can They Fit the Malpractice Mold? Maternal Rights v. Fetal Rights: Court-Ordered Caesareans PRETRIAL PROCEDURE Righting the Wrong of Woytus: A Proposal for Adoption of a Rule in Missouri Creating a New Category of Depositions Which May be Used for Discovery Purposes Only PROCEDURE A Pedigree for Due Process? REAL PROPERTY Don't Get Involved!-How Unsuspecting Secured Creditors May 18

20 et al.: Index to Subjects Covered in Volume 59 xxii MISSOURI LAW REVIEW [Vol. 57 Incur Liability under CERCLA by "Participating in the Management" of a Debtor's "Facility" "Fresh Start" or "Head Start": Missouri Courts Rethink the Role of Tenancies by the Entirety in Bankruptcy Modification of an Undersecured Home Mortgage in a Chapter 13 Proceeding The Inherently Dangerous Doctrine in Missouri: A Socially Just Doctrine? REMEDIES Bankruptcy, Contracts and Utilitarianism Supervisory Liability Under 42 U.S.C. Section 1983: Searching for the Deep Pocket RESPONDEAT SUPERIOR Supervisory Liability Under 42 U.S.C. Section 1983: Searching for the Deep Pocket RESTTUTION Recent Amendments to the Bankruptcy Code-A Politically Motivated Less Fresh Start? REnREmENT BENEFITS A Debtor's Interest in ERISA Funds as Property of the Estate: A Question of Statutory Interpretation Including Retirement Benefits in a Debtor's Bankruptcy Estate: A Proposal for Harmonizing ERISA and the Bankruptcy Code RICO Of Complicity and Enterprise Criminality: Applying Pinkerton Liability to RICO Actions Published by University of Missouri School of Law Scholarship Repository,

21 1992] Missouri INDEX Law Review, Vol. 57, Iss. 4 [1992], Art. xxiii 13 RIGHT OF PRIVACY The Domestic Fourth Amendment Rights of Aliens: To What Extent Do They Survive United States v. Verdugo-Urquidez? Maternal Rights v. Fetal Rights: Court-Ordered Caesareans RIGHT-TO-WORK LAWS The Validity of Local Right-to-Work Ordinances under Federal and Missouri Law SCHOOL BUSING The Future of Desegregation After Dowell: Returning to Pre-Brown Days? SCHOOLS AND SCHOOL DISTRICTS Earl F. Nelson Memorial Lecture Schoolbooks In the Missouri River? A Possible Response to Missouri v. Jenkins The Future of Desegregation After Dowell: Returning to Pre-Brown Days? SEARCH AND SEIZURE The Domestic Fourth Amendment Rights of Aliens: To What Extent Do They Survive United States v. Verdugo-Urquidez? SECURED TRANSACTIONS Don't Get Involved!-How Unsuspecting Secured Creditors May Incur Liability under CERCLA by "Participating in the Management" of a Debtor's "Facility" "Fresh Start" or "Head Start": Missouri Courts Rethink the Role of Tenancies by the Entirety in Bankruptcy Modification of an Undersecured Home Mortgage in a Chapter 13 Proceeding

22 xxiv et al.: Index to Subjects Covered in Volume 59 MISSOURI LAW REVIEW [Vol. 57 SECURITIES A Statutory Proposal for the Regulation of Fairness Opinions in Corporate Control Transactions STATES Dealing With Missouri's Choice of Law Mess... 1 Schoolbooks In the Missouri River? A Possible Response to Missouri v. Jenkins STATUTE OF LIMITATIONS Preserving Pendent Claims Subject to Special Limitation Periods in Missouri after the Judicial Improvements Act of STATUTES A Debtor's Interest in ERISA Funds as Property of the Estate: A Question of Statutory Interpretation Modification of an Undersecured Home Mortgage in a Chapter 13 Proceeding Section 362(h): Applicable to Corporate Debtors? Statutory Authority for Bankruptcy Judges to Conduct Jury Trials: Fact or Fiction Supervisory Liability Under 42 U.S.C. Section 1983: Searching for the Deep Pocket The Role of Legislative History in Statutory Intepretation: A New ERA After the Resignation of Justice William Brennan? The Validity of Local Right-to-Work Ordinances under Federal and Missouri Law STATUTORY INTERPRETATION The Role of Legislative History in Statutory Interpretation: A New ERA After the Resignation of Justice William Brennan? Published by University of Missouri School of Law Scholarship Repository,

23 Missouri Law Review, Vol. 57, Iss. 4 [1992], Art ] INDEX xxv STERILIZATION Birth Related Torts: Can They Fit the Malpractice Mold? STUDENT LOANS Recent Amendments to the Bankruptcy Code-A Politically Motivated Less Fresh Start? 705 SUCCESSOR LIABILITY Cover Your Assets! Expanding Successor Liability Under CERCLA. 427 SUPERVISORY LIABILITY Supervisory Liability Under 42 U.S.C. Section 1983: Searching for the Deep Pocket TAXATION Earl F. Nelson Memorial Lecture Reasonably Necessary Expenses or Life of Riley?: The Disposable Income Test and a Chapter 13 Debtor's Lifestyle Schoolbooks In the Missouri River? A Possible Response to Missouri v. Jenkins The Supreme Court's Decision in Cheek: Does It Encourage Willful Tax Evasion? TELECOMMUNICATIONS The Effects of Recent Developments on the TELCO/CATV Cross-Ownership Prohibitions TORTS Birth Related Torts: Can They Fit the Malpractice Mold? Drawing the Line: Missouri Adopts the Zone of Danger Rule for Bystander Emotional Distress Missouri Removes a Tough Hurdle for "Slip and Fall" Plaintiffs

24 xxvi MISSOURI et al.: Index LAW to Subjects REVIEW Covered in Volume 59 [Vol. 57 Missouri's Stance on Household Exclusion Clauses in Automobile Insurance Contracts: Consistent with Public Policy? Righting the Wrong of Woytus: A Proposal for Adoption of a Rule in Missouri Creating a New Category of Depositions Which May be Used for Discovery Purposes Only The Inherently Dangerous Doctrine in Missouri: A Socially Just Doctrine? TRADE REGULATION The Effects of Recent Developments on the TELCO/CATV Cross-Ownership Prohibitions TRIAL Dealing With Missouri's Choice of Law Mess... 1 TRUSTS A Debtor's Interest in ERISA Funds as Property of the Estate: A Question of Statutory Interpretation Examining the Mystery Behind the Unusually and Inexplicably Broad Provisions of Section Seven of the Uniform Trustees' Power Act: A Call for Clarification TRUSTS AND FIDUCIARIES A Statutory Proposal for the Regulation of Fairness Opinions in Corporate Control Transactions Examining the Mystery Behind the Unusually and Inexplicably Broad Provisions of Section Seven of the Uniform Trustees' Power Act: A Call for Clarification UNFAIR COMPETITION A Statutory Proposal for the Regulation of Fairness Opinions in Corporate Control Transactions Published by University of Missouri School of Law Scholarship Repository,

25 1992] Missouri INDEX Law Review, Vol. 57, Iss. 4 [1992], Art. xxvii 13 UNIFORM COMMERCIAL CODE Examining the Mystery Behind the Unusually and Inexplicably Broad Provisions of Section Seven of the Uniform Trustees' Power Act: A Call for Clarification WITNESSES Reexamining Polygraph Admissibility Missouri Removes a Tough Hurdle for "Slip and Fall" Plaintiffs Righting the Wrong of Woytus: A Proposal for Adoption of a Rule in Missouri Creating a New Category of Depositions Which May be Used for Discovery Purposes Only WOMEN Missouri Takes a Step Forward: The Status of "Battered Spouse Syndrome" in Missouri WORKMEN'S COMPENSATION The Inherently Dangerous Doctrine in Missouri: A Socially Just Doctrine?

26 et al.: Index to Subjects Covered in Volume 59 Published by University of Missouri School of Law Scholarship Repository,