NEW MEXICO LAW REVIEW

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1 VOLUME School of Law THE UNIVERSITY OF NEW MEXICO Albuquerque, New Mexico

2 [Vol. 18 LEAD ARTICLES-AUTHORS Browde, Michael B.-Substantial Evidence Reconsidered: The Post-Duke City Difficulties and Some Suggestions for Their Resolution Burke, Lisa and Judith D. Schrandt-Civil Procedure (Survey) Carter, Phoebe and John Myers-Division and Distribution of the Community Interest in Defined Reconsidered Compton, J. Douglas, Cindy L. Turcotte and Nina H. Compton-Medical Malpractice (Survey) Cox, Stanley E.-Government as Arbiter, not Custodian: Relational Privacy as Foundation for a Right to Refuse Medical Treatment Prolonging Incompetents' Lives Enslen, Richard A.-ADR: Another Acronym, or a Viable Alternative to the High Cost of Litigation and Crowded Court Dockets? The Debate Commences... I Guttmann, Elliott -- Criminal Procedure (Survey) Hertz, Jay D. and W. Patrick Harman- Commercial Law (Survey) Horan, Kathleen Conrey-Post-Minority Support for College Education-A Legally Enforceable Obligation in Divorce Proceedings? Hughes, Richard W.-Indian Law (Survey) McGee, Tracy E.-Workers' Compensation Law (Survey) McNeal, Dan L.-Taxation of Corporate Distributions of Property: The Impact of the Tax Reform Act of Montoya, Thomas C.-Domestic Relations (Survey) Occhialino, M. E.-The Impact of Non-Mutual Collateral Estoppel On Tort Litigation Involving Several Liability Pommersheim, Frank -The Contextual Legitimacy of Adjudication in Tribal Courts and the Role of the Tribal Bar as an Interpretive Community: An Essay Romero, Leo M.-A Critique of the Willful, Deliberate, Second Degree Murder in New Mexico Sager, Stanley C. and Claudia L. Ray- Construction Law (Survey) Schultz, Andrew G. and M. E. Occhialino- in New Mexico: A Commentary and Quasi- Legislative History LEAD ARTICLES-TITLES and Premeditated Formula for Distinguishing between First and Second Degree Murder in New Mexico--Leo M. Romero Litigation and Crowded Court Dockets? The Debate Commences-Richard A. Enslen... I Civil Procedure (Survey)-Lisa Burke and Judith D. Schrandt Commercial Law (Survey)-Jay D. Hertz and W. Patrick Harman Construction Law (Survey)- Stanley C. Sager and Claudia L. Ray

3 Winter 1988] Criminal Procedure (Survey)- Elliott Guttmann Community Interest in Defined Benefit Pensions: Schweitzer Reconsidered-Phoebe Carter and John Myers Domestic Relations (Survey)-Thomas C. M ontoya for a Right to Refuse Medical Treatment Prolonging Incompetents' Lives- Stanley E. Cox Indian Law (Survey)-Richard W. Hughes Medical Malpractice (Survey)-J. Douglas Compton, Cindy L. Turcotte and Nina H. Compton Obligation in Divorce Proceedings?- Kathleen Conrey Horan in New Mexico: A Commentary and Quasi- Legislative History---Andrew G. Schultz and M. E. Occhialino Substantial Evidence Reconsidered: The Post- Duke City Difficulties and Some Suggestions for Their Resolution- Michael B. Browde Reform Act of 1986-Dan L. McNeal The Contextual Legitimacy of Adjudication in Tribal Courts and the Role of the Tribal Bar as an Interpretive Community: An Essay--Frank Pommersheim Involving Several Liability-M. E. Occhialino Workers' Compensation Law (Survey)- Tracy E. McGee NOTES AND COMMENTS CIVIL PROCEDURE-New Mexico Adopts the Modern View of Collateral Estoppel: Silva v. State Commercial Code: Kimura v. Wauford..237 The Apportionment of Marital Community Assets: Dorbin v. Dorbin CONSTITUTIONAL LAW Drug Courier Profile and Reasonable Articulable Suspicion-Does Conformity with the Former Give Rise to the Latter? State v. Cohen and Seizure-"Plane" View Surveillance of the Curtilage in California v. Ciraolo INDIAN LAW-Economic Development, Gambling on Continued Federal Interest: California v. Cabazon Band of Mission Indians Apply When a Newspaper Defendant Fairly Reports Statements Made by a Witness during its Own Litigation? Stover v. Journal Publishing Co WORKERS' COMPENSATION LAW-A Clinical Psychologist is Qualified to Give Expert Medical Testimony regarding Causation: Madrid v. University of California, d/b/a Los Alamos National Laboratory WORKMEN'S COMPENSATION-The Procedural Requirements of the Subsequent Injury Act: Fierro v. Stanley's Hardware

4 [Vol. 18 DIGEST ADMINSTRATIVE LAW AND PROCEDURE Substantial Evidence Reconsidered: The Post-Duke City Difficulties and Some Suggestions for Their Resolution ADOPTIONS ALTERNATIVE DISPUTE RESOLUTION Dockets? The Debate Commences... APPEAL AND ERROR and Seizure- "Plane" View ARBITRATION Dockets? The Debate Commences... I ATTORNEY AND CLIENT The Contextual Legitimacy of Adjudication in Tribal Courts and the Role of the Tribal Bar as an Interpretive Community: An Essay.. 49 ATTORNEY'S FEES Workers' Compensation Law (Survey). 579 AVIATION and Seizure-' 'Plane" View CIVIL RIGHTS COLLATERAL ESTOPPEL CIVIL PROCEDURE-New Mexico COMMERCIAL LAW Commercial Code: Kimura v. W auford COMMUNITY PROPERTY Community Assets: Dorbin v. Dorbin 613 COMPARATIVE NEGLIGENCE COMPROMISE AND SETTLEMENT Dockets? The Debate Commences... CONSTITUTIONAL LAW CONSTITUTIONAL LAW-Drug Courier Profile and Reasonable Articulable Suspicion-Does Conformity with the Former Give Rise to the Latter? State v. Cohen TORT LAW-Fair Report Privilege Fairly Reports Statements Made by a Stover v. Journal Publishing Co CONTRACTS Commercial Law (Survey) CONTRIBUTION I

5 Winter CORPORATIONS Reform Act of COURTS Dockets? The Debate Commences... I Obligation in Divorce Proceedings? 153 Substantial EvidencerReconsidered: The Post-Duke City Difficulties and Some Suggestions for Their Resolution The Contextual Legitimacy of Adjudication in Tribal Courts and the Role of the Tribal Bar as an Interpretive Community: An Essay.. 49 COVENANTS CRIMINAL LAW and Seizure-'"Plane" View CONSTITUTIONAL LAW-Drug Courier Profile and Reasonable Articulable Suspicion-Does Conformity with the Former Give Rise to the Latter? State v. Cohen CRIMINAL PROCEDURE and Seizure-"Plane" View DAMAGES DEATH Treatment irolonging Incompetents' DEBTOR AND CREDITOR Commercial Code: Kimura v. W auford DIVORCE Community Assets: Dorbin v. Dorbin Obligation in Divorce Proceedings? 153 ELECTION OF REMEDIES Commercial Code: Kimura v. W auford ESTOPPEL CIVIL PROCEDURE--New Mexico EVIDENCE and Seizure-"Plane" View Substantial Evidence Reconsidered: The Post-Duke City Difficulties and Some Suggestions for Their Resolution EXPERT TESTIMONY Workers' Compensation Law (Survey). 579

6 [Vol. 18 FEDERAL CIVIL PROCEDURE CIVIL PROCEDURE-New Mexico Collateral Estoppel: Silva v. State 597 FRAUD GUARANTY GUARDIAN AND WARD L ives HEALTH AND ENVIRONMENT WORKMEN'S COMPENSATION- The Procedural Requirements of the Subsequent Injury Act: Fierro v. Stanley's Hardware HOMICIDE HOSPITALS L ives HUSBAND AND WIFE Community Assets: Dorbin v. Dorbin 613 IMPROVEMENTS INDEMNITY INDIAN CLAIMS COMMISSION ACT INDIANS INDIANS-Economic Development, Gambling on Continued Federal Interest: California v. Cabazon Band of Mission Indians The Contextual Legitimacy of Adjudication in Tribal Courts and the Role of the Tribal Bar as an Interpretive Community: An Essay.. 49 INSURANCE INTERNAL REVENUE Reform Act of INTOXICATING LIQUORS JUDGES Dockets? The Debate Commences... JUDGMENTS Obligation in Divorce Proceedings? 153 JURY WORKMEN'S COMPENSATION- The Procedural Requirements of the Subsequent Injury Act: Fierro v. Stanley's Hardware

7 Winter 1988] LIBEL AND SLANDER Fairly Reports Statements Made by a Stover v. Journal Publishing Co LIMITATION OF ACTIONS MARRIAGE Community Assets: Dorbin v. Dorbin MASTER AND SERVANT MECHANICS LIENS MENTAL HEALTH L ives NEGLIGENCE Fairly Reports Statements Made by a Stover v. Journal Publishing Co NEWSPAPERS Fairly Reports Statements Made by a Stover v. Journal Publishing Co NOTICE PARDON AND PAROLE PARENT AND CHILD Obligation in Divorce Proceedings? PARTIES CIVIL PROCEDURE--New Mexico PENALTIES PENSIONS PHYSICIANS AND SURGEONS L ives

8 [Vol. 18 PILOTS and Seizure- "Plane" View PLEADING PRETRIAL PRACTICE PRETRIAL PROCEDURE CIVIL PROCEDURE--New Mexico Workers' Compensation Law (Survey). 579 PRIVACY and Seizure-' 'Plane" View PRODUCTS LIABILITY PROPERTY Community Assets: Dorbin v. Dorbin 613 Reform Act of PUBLIC CONTRACTS REAL ESTATE CONTRACTS RELIGIOUS SOCIETIES RES JUDICATA CIVIL PROCEDURE-New Mexico REVIEW Substantial Evidence Reconsidered: The Post-Duke City Difficulties and Some Suggestions for Their Resolution SALES SEARCHES AND SEIZURES CONSTITUTIONAL LAW-Drug Courier Profile and Reasonable Articulable Suspicion--Does Conformity with the Former Give Rise to the Latter? State v. Cohen and Seizure- "Plane" View SECURED TRANSACTIONS Commercial Code: Kimura v. W auford SEVERAL LIABILITY STATE & TRIBAL JURISDICTION STATUTES M exico: Reform Act of

9 Winter 1988] SUBMISSION OF CONTROVERSY Dockets? The Debate Commences... SUICIDE Lives... I TAXATION Reform Act of TORTS Medical Malpractice (Survey) WORKERS' COMPENSATION in New Mexico: A Commenfary and Quasi-Legislative History Quasi-Legislative History... Workers' Compensation Law (Survey). WORKERS' COMPENSATION Involving Several Liability... 5' Fairly Reports Statements Mbde by a Stover v. Journal Publishing Co... 1 TRESPASS 31 and Seizure-"Plane" View California v. Ciraolo... TRIAL CIVIL PROCEDURE-New Mexico Collateral Estoppel: Silva v. State. 597 Workers' Compensation Law (Survey). 579 UNIFORM COMMERCIAL CODE WATER LAW?9 59 LAW-A Clinical Psychologist is Qualified to Give Expert Medical Testimony Regarding Causation: Madrid v. University of California, d/b/a Los Alamos National Laboratory !3 WORKMEN'S COMPENSATION- The Procedural Requirements of the Subsequent Injury Act: Fierro v. Stanley's Hardware

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