1998-2005 (Volumes 67-74)

By Subject Administrative Decisions — A — A Species Unto Themselves: Professional Disciplinary Action Abstracts and Titles June/July 2002 ...... 71:6:29 Title and Related Considerations In Conveying Kansas Feighny, Mary and Nohe, Camille Water Rights Other topics: Administrative agencies, administrative Nov. 1997 ...... 66:9:38 law, Kansas Administrative Procedure Act, Kansas Peck, John C. Judicial Review and Civil Enforcement of Agency Other topics: Bankruptcy, deeds and conveyances, Action Act, professions and occupations, and state divorce, easements, foreclosure, judgement and liens, agencies judgements, mortgages, property, titles, title insurance, titles and land, titles to property, Uniform Administrative Law Commercial Code, water districts, water rights, Water A Practitioner’s Guide to Summary Judgement; Part l Transfer Act, and water and watercourses Dec. 1998 ...... 67:10:36 Parnacott, Robert W. Accord and satisfaction What’s Your Authority? And Other Issues In Oral A Practitioner’s Guide to Summary Judgement: Part ll Settlement Agreements Jan. 1999 ...... 68:1:30 May 2000 ...... 69:5:26 Parnacott, Robert W. Blegen, Daniel E. Other topics: Civil procedure, criminal procedure, Other topics: Attorney authority, consideration, con- judgment and liens, litigation, motions, and sum- tracts, litigation, settlements, and statutes of frauds mary judgement

Administrative Agencies A Species Unto Themselves: Professional Disciplinary A Species Unto Themselves: Professional Disciplinary Action Action June/July 2002 ...... 71:6:29 June/July 2002 ...... 71:6:29 Feighny, Mary and Nohe, Camille Feighny, Mary and Nohe, Camille Other topics: Administrative agencies, administrative Other topics: Administrative decisions, administrative law, decisions, Kansas Administrative Procedure Act, Kansas Administrative Procedure Act, Kansas Judicial Kansas judicial review and civil enforcement of Review and Civil Enforcement of Agency Action Act, Agency Action Act, professions and occupations, and professions and occupations, and state agencies state agencies

Administration of Estates Assessing the Quality of a Water Right An Accounting Primer for Estate Planning, Probate, and May 2001 ...... 70:5:26 Trust Counsel (The New Kansas Uniform Principal & Peck, John C. Income Act) Other topics: Agency, property, property law, real estate June/July 2002 ...... 71:6:51 law, real property, and water rights Newbery, C. David and Sullivan, D. Thad Other topics: Administration of estates, decedents’ Kansas Sunshine Law, How Bright Does It Shine Now? estates, estate and gift tax, estate planning, estate tax, (Part I - KORA) estates, executors and administrators, fiduciaries, May 2003 ...... 72:5:28 income, income tax, inheritance and estate planning, Nuckolls, Theresa Marcel inheritance and estate taxation, investments, pen- Other topics: Attorney and client, boards and commissions, probate, remainders and remaindermen, retire- sions, cities, city attorneys, confidential or privileged ment and pensions, Revised Uniform Principal and information, discovery, Freedom of Information Act, Income Act, tax, taxation, taxes, testators, trusts, trust government agencies, laws, local government and and trustees, uniform laws, and uniform legislation municipalities, municipal corporations, municipal law, municipalities, open meetings, open records, pri- Estate Tax Apportionment in Kansas — Out With the vacy, privileged information, privileged records,public Old, in With the New officials, public employees, records, and statutes Oct. 2001 ...... 70:9:16 Cotorceanu, Peter A. Other topics: Apportionment, estate planning, estates, estate tax, decedents’ estates, inheritance and estate planning, inheritance and estate taxation, inter vivos trusts, Internal Revenue Code, probate, tax, taxation, and trusts

2 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Kansas Sunshine Law, How Bright Does It Shine Now? Legal Service and Advertising in Cyberspace (Part II - KOMA) May 2001 ...... 70:5:20 June/July 2003 ...... 72:6:34 Hoeflich, Michael H. and Farmer, Karen Beth Nuckolls, Theresa Marcel Other topics: Ethics – professional and solicitation Other topics: Attorney and client, boards and commissions, cities, city attorneys, confidential or privileged Affirmative Defenses information, discovery, Freedom of Information Act, Governmental Immunity — Recent Developments government agencies, laws, local government and Concerning the 11th Amendment and the Kansas Tort municipalities, municipal corporations, municipal law, Claims Act municipalities, open meetings, open records, privacy, Aug. 2001 ...... 70:7:24 privileged information, privileged records, public Breer, Kevin J. and Pulikkan, Justin D. employees, public officials, records, records and recor- Other topics: Constitutional history, constitutional law, dation, school districts, state agencies, and statutes Constitution of the United States, 11th Amendment, government lawyers, government immunity, immu- See Dick and Jane Work: A Kansas Wage Payment Act nity, Kansas tort claims, personal injuries, school dis- Primer tricts, schools and school districts, state agencies, Oct. 2003 ...... 72:9:14 state of Kansas, state sovereignty, Tort Claims Act, Byers, Boyd A. and Rumfelt, Carolyn L. and tort liability Other topics: Agreements, attorney fees, civil claims, employer and employee, employment, Fair Labor Agency Standards Act, independent contractors, Kansas Assessing the Quality of a Water Right Administrative Procedure Act, Kansas judicial review May 2001 ...... 70:5:26 and civil enforcement of Agency Action Act, Kansas Peck, John C. Wage Payment Act, labor, labor and employment, Other topics: Administrative law, agency, property, master and servant, minimum wage and maximum property law, real estate law, real property, and water hour law, state agencies, statutes, and wages rights

Adoption Preparation and Use of Power of Attorney Act Adoptions and Safe Families Act: Reframe June 2005 ...... 74:6:20 Jan. 2004 ...... 73:1:38 Hoy, Matthew H. Sargent, Sarah Other topics: Estate planning, financial planning, Other topics: Safe Families Act power of attorney, and principal and agent

How Does Immigration Law Today Affect Your Domestic Some Issues Concerning the Property of Married Persons Law Practice in Kansas May 2003 ...... 72:5:16 Sept. 1999 ...... 68:8:18 Harvey, Kathleen Anne Peck, John C. Other topics: Aliens, child custody, citizens, citizenship, Other topics: Agreements, contracts, divorce, family crime victims, divorce, divorce/domestic relations, law, homestead, marriage, martial law, personal prop- ethics – professional, family law, government agen- erty, property, real estate, real estate law, and real cies, husband and wife, immigration, kidnapping, property marriage, professional liability, separation, and treaties Agreements See Dick and Jane Work: A Kansas Wage Payment Act Responding to the Lament of Invisible Children: Primer Achieving Meaningful Permanency for Foster Children Oct. 2003 ...... 72:9:14 June/July 2003 ...... 72:6:46 Byers, Boyd A. and Rumfelt, Carolyn L. Lee, Jae M. and Young, Thomas Wade Other topics: Administrative law, attorney fees, civil Other topics: Child abuse, child custody, children, chil- claims, employer and employee, employment, Fair dren and minors, disabilities, education, ethics – Labor Standards Act, independent contractors, professional, family law, federal acts, government Kansas Administrative Procedure Act, Kansas Judicial agencies, guardian and ward, infants, juvenile courts, Review and Civil Enforcement of Agency Action juvenile law, juvenile/domestic relations, minors, par- Act, Kansas Wage Payment Act, labor, labor and ent and child, public welfare, social welfare, state employment, master and servant, Minimum Wage agencies, and wards and Maximum Hour Law, state agencies, statutes, and wages Advertising The Increasing Use of the Internet in the Practice of Law Feb. 2000 ...... 69:2:15 Kraft, Eric G. Other topics: Attorney and client, ethics, and privilege

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 3

Some Issues Concerning the Property of Married Persons Appeal and Error in Kansas Tell it to the Judge: Appealing a Zoning Decision Sept. 1999 ...... 68:8:18 Sept. 1998 ...... 67:7:33 Peck, John C. Badeker, Roger Other topics: Agency, contracts, divorce, family law, Other topics: Property law, zones, and zoning homestead, marriage, martial law, personal property, property, real estate, real estate law, and real property Writing to the Kansas Appellate Courts: A Lesson in Appellate Jurisdiction Alternative Dispute Resolution April 2000 ...... 69:4:32 Mandatory Arbitration of Employment Law Claims: The Fox, Autumn Whats, Whys, and Hows Other topics: Appeals, appellate courts, appellate prac- April 1998 ...... 67:3:18 tice, appellate procedure, professional ethics, scope of Byers, Boyd A. review, and state courts Other topics: Arbitration, employer and employee, and employment Stroud’s Specific Jan. 2000 ...... 69:1:20 Aliens Nuss, Lawton M. Disaster on the Horizon: It’s Post-‘Conviction’ Time: Do Other topics: Biography, criminal law, historical, and You Know Where Your Alien Client Is? U.S. Supreme Court Feb. 2004 ...... 73:2:16 Harvey, Kathleen A., Sharma-Crawford, Rekha, and Appeals Sharma-Crawford, W. Michael Writing to the Kansas Appellate Courts: A Lesson in Other topics: Criminal law and post conviction Appellate Jurisdiction April 2000 ...... 69:4:32 How Does Immigration Law Today Affect Your Domestic Fox, Autumn Law Practice Other topics: Appeal and error, appellate courts, appel- May 2003 ...... 72:5:16 late practice, appellate procedure, professional ethics, Harvey, Kathleen Anne scope of review, and state courts Other topics: Adoption, child custody, citizens, citizenship, crime victims, divorce, divorce/domestic relations, Appellate Courts ethics – professional, family law, government agencies, Writing to the Kansas Appellate Courts: A Lesson in husband and wife, immigration, kidnapping, marriage, Appellate Jurisdiction professional liability, separation, and treaties April 2000 ...... 69:4:32 Fox, Autumn Alternative Dispute Resolution Other topics: Appeal and error, appeals, appellate prac- Corporate Corruption and Wall Street Finagling: How tice, appellate procedure, professional ethics, scope of Will it Play in Kansas after SLUSA review, and state courts Sept. 2003 ...... 72:8:14 Ramirez, Steven and Kruske, Jeffrey S. Appellate Practice Other topics: Arbitration, arbitration and award, class Writing to the Kansas Appellate Courts: A Lesson in actions, Consumer Protection Act, consumer rights, Appellate Jurisdiction financial advisors, investments, Kansas Consumer April 2000 ...... 69:4:32 Protection Act, legislation, legislative history, media- Fox, Autumn tion, professional liability, securities, Securities and Other topics: Appeal and error, appeals, appellate Exchange Commission, securities regulations, stock, courts,appellate procedure, professional ethics, scope stockholders, and stockholders rights of review, and state courts Animals Appellate Procedure The Endangered Species Act: A Primer for Kansas General Writing to the Kansas Appellate Courts: A Lesson in Practioners Appellate Jurisdiction April 2000 ...... 69:4:26 April 2000 ...... 69:4:32 McDonald, Richard J. Fox, Autumn Other topics: Civil law, conservation, environment, Other topics: Appeal and error, appeals, appellate environmental law, farms and farmers courts, appellate practice, professional ethics, scope of review, and state courts Annexation Annexation in Kansas Nov./Dec. 2001 ...... 70:10:28 Parnacott, Robert W. Other topics: Cities, local government and municipalities, municipal corporations, municipal law, and municipalities

4 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Apportionment Argument Estate Tax Apportionment in Kansas – Out With the Old, Dangerous Crossing: The Line Between Proper and in With the New Improper Argument Oct. 2001 ...... 70:9:16 February 2001 ...... 70:2:14 Cotorceanu, Peter A. McQuin, Hon. R. Scott Other topics: Administration of estates, estate planning, Other topics: Closing argument, new trial, and trial estates, estate tax, inheritance and estate planning, techniques inheritance and estate taxation, inter vivos trusts, Internal Revenue Code, probate, tax, taxation, and Articles of Incorporation trusts The New Corporate Landscape: 2004 Kansas General Corporation Code Revisions Arbitration July/Aug. 2004 ...... 73:7:30 Corporate Corruption and Wall Street Finagling: How Quick, William Will it Play in Kansas after SLUSA Other Topics: Corporate law, corporate reorganization, Sept. 2003 ...... 72:8:14 corporate taxation, corporation code, corporations, Ramirez, Steven and Kruske, Jeffrey S. stockholder rights, stockholders, stock redemption Other topics: Alternative dispute resolution, arbitration and awards, class actions, Consumer Protection Act, Assets consumer rights, financial advisors, investments, A Guide to Federal and Kansas Forfeiture: Beginner’s Kansas Consumer Protection Act, legislation, legisla- Guide to Federal Forfeiture tive history, mediation, professional liability, securities, March 2001 ...... 70:3:18 Securities and Exchange Commission, securities regu- Gurney, Annette Badwey lations, stock, stockholders, and stockholders’ rights When Good Property Goes Bad: A Primer on Kansas Asset Forfeiture Law and Procedure Mandatory Arbitration of Employment Law Claims: The March 2001 ...... 70:3:24 Whats, Whys, and Hows Wood, Colin D. April 1998 ...... 67:3:18 Other topics: Automobiles, burden of proof, civil Byers, Boyd A. claims, claims, crime and punishment, criminal Other topics: Alternative dispute resolution, employer code, criminal justice, criminal procedure, drugs, due and employee, and employment process, federal government, fines and penalties, homesteads, Kansas Code of Civil Procedure (plead- The Changing Face of Arbitration: What Once Was Old is ings), law enforcement, personal property, practice New Again and procedure, private property, property, property Aug. 2003 ...... 72:7:36 law, real estate, real estate law, real property, settle- Buchele, James P. and Rute, Larry R. ments, titles to property, and warrantless search Other topics: Class actions, contracts, employer/ employee, Federal Arbitration Act, judicial review, Assistance of Counsel and Uniform Arbitration Act WHO DECIDES: The Allocation of Powers Between the Lawyer and the Client in a Criminal Case The Kansas Residential Construction Defect Act: A Oct. 2002 ...... 71:9:28 Schematic Blueprint for Repairs Phillips, Jean K. Gilles and Allen, Joshua March 2005 ...... 74:3:20 Other topics: Attorney and client Hoch, Wyatt A. Other topics: Breach of warranty, contracts, implied Attorney and Client warranties, Rules of Civil Procedure, and warranty Kansas Sunshine Law, How Bright Does It Shine Now? (Part I - KORA) Arbitration and Awards May 2003 ...... 72:5:28 Corporate Corruption and Wall Street Finagling: How Nuckolls, Theresa Marcel Will it Play in Kansas after SLUSA Other topics: Administrative law, boards and commis- Sept. 2003 ...... 72:8:14 sions, cities, city attorneys, confidential or privileged Ramirez, Steven and Kruske, Jeffrey S. information, discovery, Freedom of Information Act, Other topics: Alternative dispute resolution, arbitration, government agencies, laws, local government and class actions, Consumer Protection Act, consumer municipalities, municipal corporations, municipal rights, financial advisors, investments, Kansas law, municipalities, open meetings, open records, Consumer Protection Act, legislation, legislative his- privacy, privileged information, privileged records, tory, mediation, professional liability, securities, public employees, public officials, records, records Securities and Exchange Commission, securities regu- and recordation, school districts, state agencies, and lations, stock, stockholders, and stockholders’ rights statutes

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 5

Kansas Sunshine Law, How Bright Does It Shine Now? A Second Chance for Kansas Attorneys: Supervision as an (Part II - KOMA) Alternative to Suspension or Disbarment June/July 2003 ...... 72:6:34 Nov./Dec. 2001 ...... 70:10:20 Nuckolls, Theresa Marcel Logan, William F. and Kruske, Jeffrey S. Other topics: Administrative law, boards and commis- Other topics: Attorney fees, counselor and adviser, sions, cities, city attorneys, confidential or privileged ethics, ethics-professional, lawyers, Legal ethics, information, discovery, Freedom of Information Act, Legal placement, professional ethics professional government agencies, laws, local government and practice, and reinstatement of disbarred or sus- municipalities, municipal corporations, municipal law, pended attorney municipalities, open meetings, open records, privacy, privileged information, privileged records, public offi- Representing the Criminal Defendant Who Intends to cials, public employees, records, records and recorda- Commit Perjury at Trial: Caught Between a Rock v. tion, school districts, state agencies, and statutes Arkansas and a Hard Place Oct. 2002 ...... 71:9:18 Legal Malpractice in Kansas: Principles and Examples Kittle, Rick Nov./Dec. 2003 ...... 72:10:16 Other topics: Attorney and client, constitutional law, Vines, Monte crimes, criminal law, criminal procedure, ethics – Other topics: Attorneys, counselor and advisor, law professional, professional ethics, right to counsel, practice, legal profession, malicious prosecution, Sixth Amendment, and testimony malpractice – legal, professional liability, torts, and tort liability WHO DECIDES: The Allocation of Powers Between the Lawyer and the Client in a Criminal Case Improper Advances: The Rule Against Sex with Clients Oct. 2002 ...... 71:9:28 June/July 1998 ...... 67:5:40 Phillips, Jean K. Gilles and Allen, Joshua Badgerow, J. Nick Other topics: Assistance of counsel Other topics: Disbarment, ethics, and ethics – professional Attorney Client Privilege To Preserve and Protect: A Nuts-and-Bolts Approach to On the Proper State of things: Multijurisdictional Practice Attorney-Client Privilege and Work-Product for the Kansas Practitioner Immunity in Kansas Federal Courts Feb. 2005 ...... 74:2:20 July/Aug. 2005 ...... 74:7:32 Hinderks, Mark D. Wolesky, Heather Brown Other topics: Bar admission, ethics-professional, profes- Other topics: Federal courts, and work-product sional ethics, and unauthorized practice of law Attorney Fees The “Good Lawyer” & Rule 2.1 Attorney Fees in Civil Rights Cases June/July 2000 ...... 69:6:38 Nov./Dec. 2005 ...... 74:10:42 Hoeflich, Michael H. Jilka, Michael T. Other topics: ethics, professional ethics, and profes- Other topics: Civil rights sional practice A Second Chance for Kansas Attorneys: Supervision as an The Increasing Use of the Internet in the Practice of Law Alternative to Suspension or Disbarment Feb. 2000 ...... 69:2:15 Nov./Dec. 2001 ...... 70:10:20 Kraft, Eric G. Logan, William F. and Kruske, Jeffrey S. Other topics: Advertising, and ethics Other topics: Attorney and client, counselor and adviser, ethics, ethics-professional, lawyers, Legal The Lawyers’ Creed of Professionalism — Some ethics, legal placement, professional ethics profes- Observations From the Field sional practice, and reinstatement of disbarred or Feb. 2000 ...... 69:2:24 suspended attorney Badgerow, J. Nick Other topics: Attorneys, clients, client and ethics, pro- See Dick and Jane Work: A Kansas Wage Payment Act fessional ethics, professional liability, professional Primer practice, professional relations, professions and occu- Oct. 2003 ...... 72:9:14 pations, and public relations Byers, Boyd A. and Rumfelt, Carolyn L. Other topics: Administrative law, Agreements, civil What’s Your Authority? And Other Issues In Oral claims, employer and employee, employment, Fair Settlement Agreements Labor Standards Act, independent contractors, Kansas May 2000 ...... 69:5:26 Administrative Procedure Act, Kansas Judicial Review Blegen, Daniel E. and Civil Enforcement of Agency Action Act, Kansas Other topics: Accord and satisfaction, attorney author- Wage Payment Act, labor, labor and employment, ity, consideration, contracts, litigation, settlements, master and servant, Minimum Wage and Maximum and statutes of frauds Hour Law, state agencies, statutes, and wages

6 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Attorneys Title and Related Considerations in Conveying Kansas Legal Malpractice in Kansas: Principles and Examples Water Rights Nov./Dec. 2003 ...... 72:10:16 Nov. 1997...... 66:9:38 Vines, Monte Peck, John C. Other topics: attorney and clients, counselor and advi- Other topics: Abstracts and titles, deeds and conveyances, sor, law practice, legal profession, malicious prosecu- divorce, easements, foreclosure, judgement and liens, tion, malpractice – legal, professional liability, torts, judgements, mortgages, property, titles, title insurance, and tort liability titles and land, titles to property, Uniform Commercial Code, water districts, water rights, Water The Lawyers’ Creed of Professionalism – Some Transfer Act, water and watercourses Observations From the Field Feb. 2000 ...... 69:2:24 Bar Admission Badgerow, J. Nick On the Proper State of things: Multijurisdictional Practice Other topics: Attorney and client, clients, client and for the Kansas Practitioner ethics, professional ethics, professional liability, pro- Feb. 2005 ...... 74:2:20 fessional practice, professional relations, professions Hinderks, Mark D. and occupations, and public relations Other topics: Attorney and client, ethics-professional, professional ethics, and unauthorized practice of law Authentication of Documents Admissibility of Electronic Information Biography Sept. 2002 ...... 71:8:33 “Blackie” – “A life outside the law” Garrett, Cecilia K. May 2000 ...... 69:5:16 Other topics: Computers and evidence Moline, Brian Other topics: Criminal law and historical Automobiles A Guide to Federal and Kansas Forfeiture: Beginner’s Stroud’s Specific Guide to Federal Forfeiture Jan. 2000 ...... 69:1:20 March 2001 ...... 70:3:18 Nuss, Lawton M. Gurney, Annette Badwey Other topics: Appeal and error, criminal law, historical, When Good Property Goes Bad: A Primer on Kansas and Supreme Court Asset Forfeiture Law and Procedure March 2001 ...... 70:3:24 Boards and Commissions Wood, Colin D. Kansas Sunshine Law, How Bright Does It Shine Now? Other topics: Assets, burden of proof, civil claims, (Part I - KORA) crime and punishment, criminal code, criminal jus- May 2003 ...... 72:5:28 tice, criminal procedure, drugs, due process, federal Nuckolls, Theresa Marcel government, fines and penalties, homesteads, Kansas Other topics: Administrative law, attorney and client, Code of Civil Procedure (pleadings), law enforce- cities, city attorneys, confidential or privileged infor- ment, personal property, practice and procedure, mation, discovery, Freedom of Information Act, gov- private property, property, property law, real estate, ernment agencies, laws, local government and real estate law, real property, settlements, titles to municipalities, municipal corporations, municipal property, and warrantless search law, municipalities, open meetings, open records, privacy, privileged information, privileged records, Authority public employees, public officials, records, records What’s Your Authority? And Other Issues In Oral and recordation, school districts, state agencies, and Settlement Agreements statutes May 2000 ...... 69:5:26 Blegen, Daniel E. Kansas Sunshine Law, How Bright Does It Shine Now? Other topics: Accord and satisfaction, authority, consid- (Part II - KOMA) eration, contracts, litigation, settlements, and statutes June/July 2003 ...... 72:6:34 of frauds Nuckolls, Theresa Marcel Other topics: Administrative law, attorney client, cities, city attorneys, confidential or privileged information, discovery, Freedom of Information Act, government — B — agencies, laws, local government and municipalities, municipal corporations, municipal law, municipali- Bankruptcy ties, open meetings, open records, privacy, privileged The Effect of Bankruptcy on Divorce Planning information, privileged records, public employees, March 2001 ...... 70:3:30 public officials, records, records and recordation, Bell, Brenda J., Kellstrom, Sharon Wright and Miller, school districts, state agencies, and statutes Anne Burke Other topics: Divorce and domestic relations

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 7

Breach of Warranty The Kansas Revised Limited Liability Company Act The Economic Loss Rule in Kansas and its Impact on Nov./Dec. 2000...... 69:10:16 Construction Cases Hecker, Edwin W. Jr. June 2005 ...... 74:6:30 Other topics: Business and commerce, liability, limited Breer, Kevin J. and Pulikkan, Justin D. liability companies, partnerships, uniform act, and Other topics: Construction law, contracts, damages, uniform laws fraud, implied warranty, machinery and equipment, personal injuries, property, real estate law, and tort liability — C — The Kansas Residential Construction Defect Act: A Schematic Blueprint for Repairs Child Abuse March 2005 ...... 74:3:20 Responding to the Lament of Invisible Children: Hoch, Wyatt A. Achieving Meaningful Permanency for Foster Children Other topics: Arbitration, contracts, implied warranties, June/July 2003 ...... 72:6:46 Rules of Civil Procedure, and warranty Lee, Jae M. and Young, Thomas Wade Other topics: Adoption, child custody, children, chil- Burden of Proof dren and minors, disabilities, education, ethics – A Guide to Federal and Kansas Forfeiture: Beginner’s professional, family law, federal Acts, government Guide to Federal Forfeiture agencies, guardian and ward, infants, juvenile courts, March 2001 ...... 70:3:18 juvenile law, juvenile/domestic relations, minors, par- Gurney, Annette Badwey ent and child, public welfare, social welfare, state When Good Property Goes Bad: A Primer on Kansas agencies, and wards Asset Forfeiture Law and Procedure March 2001 ...... 70:3:24 Child Custody Wood, Colin D. A Practical Guide to the Indian Child Welfare Act Other topics: Assets, automobiles, civil claims, crime Feb. 1999 ...... 68:2:22 and punishment, criminal code, criminal justice, Fox, Autumn criminal procedure, drugs, due process, federal gov- Other topics: Children and minors, Indian law, Indians, ernment, fines and penalties, homesteads, Kansas and Native American law Code of Civil Procedure (Pleadings), law enforcement, personal property, practice and procedure, Evidence for the Family Lawyer: Intrafamily Wiretapping, private property, property, property law, real estate, the Fifth Amendment and Other Selected Topics real estate law, real property, settlements, titles to March 1999 ...... 68:3:24 property, and warrantless search Leben, Hon. Steve Other topics: Child custody, divorce, domestic rela- Business tions, evidence, family law, Fifth Amendment, Contorts of Busted Business Deals hearsay, private property, and wiretap March 2003 ...... 72:3:24 Robinson, F. James Jr. How Does Immigration Law Today Affect Your Domestic Law Practice Business Associates May 2003 ...... 72:5:16 Caught Up in the Expanding Net: Regulation of the Harvey, Kathleen Anne Business Associate Under HIPAA Privacy Regulations Other topics: Adoption, aliens, citizens, citizenship, April 2003 ...... 72:4:32 crime victims, divorce, divorce/domestic relations, Matthews, William P. ethics – professional, family law, government agen- Other topics: Covered entities, employee health plans, cies, husband and wife, immigration, kidnapping, health care, health care clearinghouses, health care marriage, professional liability, separation, and insurers, health care providers, Health Insurance treaties Portability and Accountability Act of 1996 (HIPAA), privacy, and right to privacy Responding to the Lament of Invisible Children: Achieving Meaningful Permanency for Foster Children Business and Commerce June/July 2003 ...... 72:6:46 The Kansas Revised Uniform Partnership Act Lee, Jae M. and Young, Thomas Wade Oct. 1999 ...... 68:9:16 Other topics: Adoption, child abuse, children, children Hecker, Edwin W. Jr. and minors, disabilities, education, ethics – profes- Other topics: Fraudulent conveyances, fraudulent trans- sional, family law, federal acts, government agencies, fers, partnerships, uniform acts, and uniform laws guardian and ward, infants, juvenile courts, juvenile law, juvenile/domestic relations, minors, parent and child, public welfare, social welfare, state agencies, and wards

8 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Children and Minors Information Act, government agencies, laws, local A Practical Guide to the Indian Child Welfare Act government and municipalities, municipal corpora- Feb. 1999 ...... 68:2:22 tions, municipal law, municipalities, open meetings, Fox, Autumn open records, privacy, privileged information, privi- Other topics: Child custody, Indian law, Indians, and leged records, public employees, public officials, Native American law records, records and recordation, school districts, state agencies, and statutes Responding to the Lament of Invisible Children: Achieving Meaningful Permanency for Foster Children City Attorneys June/July 2003 ...... 72:6:46 Kansas Sunshine Law, How Bright Does It Shine Now? Lee, Jae M. and Young, Thomas Wade (Part I - KORA) Other topics: Adoption, child abuse, child custody, dis- May 2003 ...... 72:5:28 abilities, education, ethics – professional, family law, Nuckolls, Theresa Marcel federal acts, government agencies, guardian and Other topics: Administrative law, attorney and client, ward, infants, juvenile courts, juvenile law, boards and commissions, cities, confidential or privi- juvenile/domestic relations, minors, parent and leged information, discover, Freedom of Information child, public welfare, social welfare, state agencies, Act, government agencies, laws, local government and wards and municipalities, municipal corporations, municipal law, municipalities, open meetings, open records, Students, Discipline and Disabilities privacy, privileged information, privileged records, June/July 1999 ...... 68:6:44 public employees, public officials, records, records Hall, Carol and Paretsky, Jonathan and recordation, school districts, state agencies, and Other topics: Children and minors, disabilities, educa- statutes tion, educational records, and schools Kansas Sunshine Law, How Bright Does It Shine Now? Cities (Part II - KOMA) Annexation in Kansas June/July 2003 ...... 72:6:34 Nov./Dec. 2001 ...... 70:10:28 Nuckolls, Theresa Marcel Parnacott, Robert W. Other topics: Administrative law, attorney client, boards Other topics: Local government and municipalities, and commissions, cities, confidential or privileged municipal corporations, municipal law, and munici- information, discovery, Freedom of Information Act, palities government agencies, laws, local government and municipalities, municipal corporations, municipal Home Rule: A Primer law, municipalities, open meetings, open records, Jan. 2005 ...... 74:1:26 privacy, privileged information, privileged records, Heim, Mike public employees, public officials, records, records Other topics: Counties, home rule, liquor regulations, and recordation, school districts, state agencies, and local government, municipal law, planning and zon- statutes ing, and police power Citizens Kansas Sunshine Law, How Bright Does It Shine Now? How Does Immigration Law Today Affect Your Domestic (Part I KORA) Law Practice May 2003 ...... 72:5:28 May 2003 ...... 72:5:16 Nuckolls, Theresa Marcel Harvey, Kathleen Anne Other topics: Administrative law, attorney and client, Other topics: Adoption, aliens, child custody, citizen- boards and commissions, city attorneys, confidential ship, crime victims, divorce, divorce/domestic rela- or privileged information, discover, Freedom of tions, ethics – professional, family law, government Information Act, government agencies, laws, local agencies, husband and wife, immigration, kidnap- government and municipalities, municipal corpora- ping, marriage, professional liability, separation, and tions, municipal law, municipalities, open meetings, treaties open records, privacy, privileged information, privileged records, public employees, public officials, Citizenship records, records and recordation, school districts, How Does immigration law Today Affect Your Domestic state agencies, and statutes law practice May 2003 ...... 72:5:16 Kansas Sunshine Law, How Bright Does It Shine Now? Harvey, Kathleen Anne (Part II - KOMA) Other topics: Adoption, aliens, child custody, citizens, June/July 2003 ...... 72:6:34 crime victims, divorce, divorce/domestic relations, Nuckolls, Theresa Marcel ethics – professional, family law, government agen- Other topics: Administrative law, attorney client, boards cies, husband and wife, immigration, kidnapping, and commissions, city attorneys, confidential or priv- marriage, professional liability, separation, and ileged information, discovery, Freedom of treaties

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 9

Civil Claims dure, private property, property, property law, real A Guide to Federal and Kansas Forfeiture: Beginner’s estate, real estate law, real property, settlements, titles Guide to Federal Forfeiture to property, and warrantless search March 2001 ...... 70:3:18 Gurney, Annette Badwey An Overview of the 2000 Amendments to the Federal When Good Property Goes Bad: A Primer on Kansas Rules of Civil Procedure Asset Forfeiture Law and Procedure Feb. 2001 ...... 70:2:26 March 2001 ...... 70:3:24 Davis, Tamara L. Wood, Colin D. Other topics: Depositions, disclosure, discovery, evi- Other topics: Assets, automobiles, burden of proof, dence, expert testimony, expert witness, experts, fed- Claims, crimes and punishment, criminal code, eral civil procedure, federal courts, Federal Rules of criminal justice, criminal procedure, drugs, due Civil Procedure, impeachment, interrogatories, process, federal government, fines and penalties, nondisclosure, Rules of Civil Procedure, Federal Rule homesteads, Kansas Code of Civil Procedure (plead- 34 and 35, K.S.A. 60-236(1975 Supp.), and sanc- ings), law enforcement, personal property, practice tions and procedure, private property, property, property law, real estate, real estate law, real property, settle- An Ounce of Prevention: Motions in Liminie in Kansas ments, titles to property, and warrantless search State and Federal Courts Nov./Dec. 1999 ...... 68:10:36 See Dick and Jane Work: A Kansas Wage Payment Act Parnacott, Robert W. Primer Other topics: Criminal procedure and motions Oct. 2003 ...... 72:9:14 Byers, Boyd A. and Rumfelt, Carolyn L. A Practitioner’s Guide to Summary Judgement; Part l Other topics: Administrative law, agreements, attorney Dec. 1998 ...... 67:10:36 Fees, employer and employee, employment, Fair Parnacott, Robert W. Labor Standards Act, independent contractors, Other topics: Administrative law, criminal procedure, Kansas Administrative Procedure Act, Kansas judicial judgment and liens, litigation, motions, and sum- review and civil enforcement of Agency Action Act, mary judgement Kansas Wage Payment Act, labor, labor and employment, master and servant, minimum wage and maxi- A Practitioner’s Guide to Summary Judgement: Part ll mum hour law, state agencies, statutes, and wages Jan. 1999 ...... 68:1:30 Parnacott, Robert W. The Potential Civil Liability of Law enforcement officers Other topics: Administrative law, criminal procedure, and agencies judgment and liens, litigation, motions, and sum- Sept. 1998 ...... 67:7:14 mary judgement McAllister, Stephen R. and Robinson, Peyton H. Other topics: Civil procedure, Kansas tort claims, law May Fault Be Considered in Deciding Financial Issues in enforcement, litigation, and municipalities Divorce Cases? No, Except in Rare Cases Involving Gross and Extreme Civil Law Misconduct The Endangered Species Act: a primer for Kansas general June/July 1998 ...... 67:5:28 practioners O’Hara, James P. April 2000 ...... 69:4:26 Yes, When a Fault-Based Divorce is Granted McDonald, Richard J. June/July 1998 ...... 67:5:28 Other topics: Animals, civil law, conservation environ- Leben, Hon. Steve ment, environmental law, and farms and farmers Other topics: Divorce, domestic relations, and evidence

Civil Procedure Some Other Dude Did It (But Will You Be Able to Prove A Guide to Federal and Kansas Forfeiture: Beginner’s It) Guide to Federal Forfeiture May 1998 ...... 67:4:28 March 2001 ...... 70:3:18 Prater, Dennis and Somogye, Tammy M. Gurney, Annette Badwey Other topics: Evidence When Good Property Goes Bad: A Primer on Kansas Asset Forfeiture Law and Procedure The Potential Civil Liability of Law Enforcement Officers March 2001 ...... 70:3:24 and Agencies Wood, Colin D. Sept. 1998 ...... 67:7:14 Other topics: Assets, automobiles, burden of proof, civil McAllister, Stephen R. and Robinson, Peyton H. claims, crimes and punishment, criminal code, crim- Other topics: Civil claims, Kansas tort claims, law inal justice, criminal procedure, drugs, due process, enforcement, litigation, and municipalities federal government, fines and penalties, homesteads, Kansas Code of Civil Procedure (pleadings), law enforcement, personal property, practice and proce-

10 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Civil Protection homesteads, Kansas Code of Civil Procedure (plead- Soldiers’ and Sailors’ Civil Relief Act Protection: An ings), law enforcement, personal property, practice Update for the War Against Terrorism and procedure, private property, property, property Feb. 2002 ...... 71:2:17 law, real estate, real estate law, real property, settle- Pottorff, James P. Jr. ments, titles to property, and warrantless search Other topics: Sailors, soldiers, and war Class Actions Civil Rights Corporate Corruption and Wall Street Finagling: How Attorney Fees in Civil Rights Cases Will it Play in Kansas after SLUSA Nov./Dec. 2005 ...... 74:10:42 Sept. 2003 ...... 72:8:14 Jilka, Michael T. Ramirez, Steven and Kruske, Jeffrey S. Other topics: Attorney fees Other topics: Alternative dispute resolution, arbitration, arbitration and award, Consumer Protection Act, con- Free Speech Rights of Public Employees sumer rights, financial advisors, investments, Kansas Jan. 2002 ...... 71:1:30 Consumer Protection Act, legislation, legislative his- Jilka, Mike tory, mediation, professional liability, securities, Other topics: Constitution of the United States Securities and Exchange Commission, securities regulations, stock, stockholders, and stockholders rights Municipal Government Liability Under Section 1983 Dec. 1998 ...... 67:10:22 The Changing Face of Arbitration: What Once Was Old is Jilka, Mike New Again Other topics: Litigation, municipal corporations, Aug. 2003 ...... 72:7:36 municipal immunity, and municipalities Buchele, James P. and Rute, Larry R. Other topics: Arbitration, contracts, Title VII at 40: A Look Back employer/employee, Federal Arbitration Act, judicial Nov./Dec. 2004 ...... 73:10:18 review, and Uniform Arbitration Act Schroeder, Elinor P. Other topics: Title VII Closing Argument Dangerous Crossing: The Line Between Proper and Client and Ethics Improper Argument The Lawyers’ Creed of Professionalism – Some Feb. 2001 ...... 70:2:14 Observations From the Field McQuin, Hon. R. Scott Feb. 2000 ...... 69:2:24 Other topics: Argument, new trial, and trial techniques Badgerow, J. Nick Other topics: Attorney and client, clients, client and Commercial Code ethics, professional ethics, professional liability, pro- Electronic Commerce in Kansas Contract Formation and fessional practice, professional relations, professions Formalities Under Article 2 and occupations, and public relations May 1999 ...... 68:5:22 Drahozal, Christopher R. Clients Other topics: Commercial law, computers, contracts, The Lawyer’s Creed of Professionalism — Some and Uniform Commercial Code Observations From the Field Feb. 2000 ...... 69:2:24 Commercial Law Badgerow, Nick J. Electronic Commerce in Kansas Contract Formation and Other topics: Attorney and client, attorneys, client and Formalities Under Article 2 ethics, professional ethics, professional liability, pro- May 1999 ...... 68:5:22 fessional practice, professional relations, professions Drahozal, Christopher R. and occupations, and public relations Other topics: Commercial code, computers, contracts, and Uniform Commercial Code Claims A Guide to Federal and Kansas Forfeiture: Beginner’s Computers Guide to Federal Forfeiture Admissibility of Electronic Information March 2001 ...... 70:3:18 Sept. 2002 ...... 71:8:33 Gurney, Annette Badwey Garrett, Cecilia K. When Good Property Goes Bad: A Primer on Kansas Other topics: Authentication of documents and evidence Asset Forfeiture Law and Procedure March 2001 ...... 70:3:24 Electronic Commerce in Kansas Contract Formation and Wood, Colin D. Formalities Under Article 2 Other topics: Assets, automobiles, burden of proof, civil May 1999 ...... 68:5:22 claims, civil procedure, crimes and punishment, crim- Drahozal, Christopher R. inal code, criminal justice, criminal procedure, drugs, Other topics: Commercial code, commercial law, con- due process, federal government, fines and penalties, tracts, and Uniform Commercial Code

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 11

Internet Researcher: Selected United States Supreme Court Conservators and Conservatorships Sources Overview of the New Guardianship and Conservatorship Act April 2002 ...... 71:4:32 Aug. 2002 ...... 71:7:25 Christensen, John E. Molzen, Christy R. Other topics: Research and United States Supreme Other topics: Disabled persons, fiduciaries, guardian Court and ward, impaired persons, and legislation

The Paper Trail Has Gone Digital: Discovery in the Age of Consideration Electronic Information What’s Your Authority? And Other Issues In Oral March 2002 ...... 71:3:16 Settlement Agreements Thompson, Todd N. May 2000 ...... 69:5:26 Other topics: Data processing, discovery, evidence, practice Blegen, Daniel E. and procedure, privacy, privileged records, privilege, Other topics: Accord and satisfaction, authority, con- privileged information, production of books and tracts, litigation, settlements, and statutes of frauds papers, records, Rules of Civil Procedure-Federal Rules 34 and K.S.A. 60-234(1975 Supp.) and K.S.A. 60- Constitutional History 236(1975 Supp.), and spoliation of evidence Governmental Immunity — Recent Developments Concerning the 11th Amendment and the Kansas Tort Confidential or Privileged Information Claims Act Kansas Sunshine Law, How Bright Does It Shine Now? Aug. 2001 ...... 70:7:24 (Part I KORA) Breer, Kevin J. and Pulikkan, Justin D. May 2003 ...... 72:5:28 Other topics: Affirmative defenses, constitutional law, Nuckolls, Theresa Marcel Constitution of the United States, 11th Amendment, Other topics: Administrative law, attorney and client, government immunity, government lawyers, Kansas boards and commissions, cities, city attorneys, dis- tort claims, personal injuries, school districts, schools covery, Freedom of Information Act, government and school districts, state agencies, state of Kansas, agencies, laws, local government and municipalities, state sovereignty, Tort Claims Act, and tort liability municipal corporations, municipal law, municipalities, open meetings, open records, privacy, privileged Constitution of the United States information, privileged records, public employees, Free Speech Rights of Public Employees public officials, records, records and recordation, Jan. 2002 ...... 71:1:30 school districts, state agencies, and statutes Jilka, Mike Other topics: Civil rights Kansas Sunshine Law, How Bright Does It Shine Now? (Part II - KOMA) Governmental Immunity - Recent Developments June/July 2003 ...... 72:6:34 Concerning the 11th Amendment and the Kansas Tort Nuckolls, Theresa Marcel Claims Act Other topics: Administrative law, attorney client, boards Aug. 2001 ...... 70:7:24 and commissions, cities, city attorneys, discovery, Breer, Kevin J. and Pulikkan, Justin D. Freedom of Information Act, government agencies, Other topics: Affirmative defenses, constitutional his- laws, local government and municipalities, municipal tory, constitutional law, 11th Amendment, govern- corporations, municipal law, municipalities, open ment lawyers, government immunity, immunity, meetings, open records, privacy, privileged informa- Kansas tort claims, personal injuries, school districts, tion, privileged records, public employees, public schools and school districts, state agencies, state of officials, records, records and recordation, school Kansas, state sovereignty, Tort Claims Act, and tort districts, state agencies, and statutes liability Conflict of Laws Constitutional Law Conflict of Laws in Kansas: A Guide to Navigating the Governmental Immunity - Recent Developments Dismal Swamp Concerning the 11th Amendment and the Kansas Tort Sept. 2002 ...... 71:8:21 Claims Act Bezek, Terri Savely Aug. 2001 ...... 70:7:24 Other topics: Contracts, property law, and torts Breer, Kevin J. and Pulikkan, Justin D. Other topics: Affirmative defenses, constitutional his- Conservation tory, Constitution of the United States, 11th The Endangered Species Act: A Primer for Kansas General Amendment, government lawyers, government Practioners immunity, immunity, Kansas tort claims, personal April 2000 ...... 69:4:26 injuries, school districts, schools and school districts, McDonald, Richard J. state agencies, state of Kansas, state sovereignty, Tort Other topics: Animals, civil law, environment, environ- Claims Act, and tort liability mental law, and farms and farmers

12 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Invocation of the Fifth Amendment Privilege: Application Consumer Rights of the Privilege and Rebutting the Imposition of Corporate Corruption and Wall Street Finagling: How Adverse Inferences Will it Play in Kansas after SLUSA March 2004 ...... 73:3:14 Sept. 2003 ...... 72:8:14 Morris, Jeff D. Ramirez, Steven and Kruske, Jeffrey S. Other topics: Criminal law, litigation, and Fifth Other topics: Alternative dispute resolution, arbitration, Amendment arbitration and award, class actions, Consumer Protection Act, financial advisors, investments, Kansas Representing the Criminal Defendant Who Intends to Consumer Protection Act, legislation, legislative his- Commit Perjury at Trial: Caught Between a Rock v. tory, mediation, professional liability, securities, Arkansas and a Hard Place Securities and Exchange Commission, securities regu- Oct. 2002 ...... 71:9:18 lations, stock, stockholders, and stockholders rights Kittle, Rick Other topics: Attorney and client, crimes, criminal law, The Untapped Potential of the Kansas Consumer criminal procedure, ethics – professional, profes- Protection Act sional ethics, right to counsel, Sixth Amendment, April 2005 74:4:24 and testimony Fellows, Amy Other Topics: Kansas Consumer Protection Act Surviving Apprendi: A Procedural Ideal Meets the Real World of Determinate Sentencing Contracts Jan. 2003 ...... 72:1:44 Conflict of Laws in Kansas: A Guide to Navigating the Sittenauer, Teresa L. Dismal Swamp Other topics: Constitutional law, crimes and punish- Sept. 2002 ...... 71:8:21 ment, criminal cases, criminal law, due process, 14th Bezek, Terri Savely Amendment, guilty plea – vacating, legislation, prior Other topics: Conflict of laws, property law, and torts conviction, right to jury trial, sentencing, Sixth Amendment, and statutes Electronic Commerce in Kansas Contract Formation and Formalities Under Article 2 Construction Law May 1999 ...... 68:5:22 If Wishes Were Horses: The Economic-Waste Doctrine in Drahozal, Christopher R. Construction Litigation Other topics: Commercial code, commercial law, com- April 2001 ...... 70:4:28 puters, and Uniform Commercial Code Robinson, F. James, Jr. Other topics: Contracts and damages If Wishes Were Horses: The Economic-Waste Doctrine in Construction Litigation The Economic Loss Rule in Kansas and its Impact on April 2001 ...... 70:4:28 Construction Cases Robinson, F. James, Jr. June 2005 ...... 74:6:30 Other topics: Construction law and damages Breer, Kevin J. and Pulikkan, Justin D. Other topics: Breach of warranty, contracts, damages, Some Issues Concerning the Property of Married Persons fraud, implied warranty, machinery and equipment, in Kansas personal injuries, property, real estate law, and tort Sept. 1999 ...... 68:8:18 liability Peck, John C. Other topics: Agency, agreements, divorce, family law, Consumer Protection Act homestead, marriage, martial law, personal property, Corporate Corruption and Wall Street Finagling: How property, real estate, real estate law, and real property Will it Play in Kansas after SLUSA Sept. 2003 ...... 72:8:14 The Changing Face of Arbitration: What Once Was Old is Ramirez, Steven and Kruske, Jeffrey S. New Again Other topics: Alternative dispute resolution, arbitration, Aug. 2003 ...... 72:7:36 arbitration and award, class actions, consumer rights, Buchele, James P. and Rute, Larry R. financial advisors, investments, Kansas Consumer Other topics: Arbitration, class actions, Protection Act, legislation, legislative history, media- employer/employee, Federal Arbitration Act, judicial tion, professional liability, securities, Securities and review, and Uniform Arbitration Act Exchange Commission, securities regulations, stock, stockholders, and stockholders rights The Economic Loss Rule in Kansas and its Impact on Construction Cases The Untapped Potential of the Kansas Consumer June 2005 ...... 74:6:30 Protection Act Breer, Kevin J. and Pulikkan, Justin D. April 2005 74:4:24 Other topics: Breach of warranty, construction law, dam- Fellows, Amy ages, fraud, implied warranty, machinery and equip- Other Topics: Consumer rights ment, personal injuries, property, real estate law, and tort liability

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 13 The Kansas Residential Construction Defect Act: A Corporations Schematic Blueprint for Repairs March 2005 ...... 74:3:20 Immigration Law Update for Employment, Corporate, Hoch, Wyatt A. and Business Lawyers Other topics: Arbitration, breach of warranty, implied Oct. 2005 ...... 74:9: 6 warranties, Rules of Civil Procedure, and warranty Harvey, Kathleen, Hupp, Alfred and Mdivani, Mira Other topics: Corporate law, employer and employee, The Untapped Potential of the Kansas Consumer and employment Protection Act April 2005 74:4:24 The New Corporate Landscape: 2004 Kansas General Fellows, Amy Corporation Code Revisions Other Topics: Consumer Protection Act and consumer July/Aug. 2004 ...... 73:7:30 rights Quick, William Other Topics: Articles of Incorporation, corporate law, What’s Your Authority? And Other Issues In Oral corporate reorganization, corporate taxation, corpo- Settlement Agreements ration code, corporations, stockholder rights, stock- May 2000 ...... 69:5:26 holders, and stock redemption Blegen, Daniel E. Other topics: Attorney and client, authority, considera- Counselor and Adviser tion, settlements, statutes, and fraud A Second Chance for Kansas Attorneys: Supervision as an Alternative to Suspension or Disbarment Copyrights Nov./Dec. 2001 ...... 70:10:20 Protecting Intellectual Property Rights in the Workplace Logan, William F. and Kruske, Jeffrey S. Sept. 1999 ...... 68:8:28 Other topics: Attorney and client, attorney fees, ethics, Wadley, James B. and Brown, Jolynn M. ethics-professional, lawyers, legal ethics, legal place- Other topics: Intellectual property, inventions, patents, ment, professional ethics, professional practice, and and trade secrets reinstatement of disbarred or suspended attorney

Corporate Law Legal Malpractice in Kansas: Principles and Examples Immigration Law Update for Employment, Corporate, Nov./Dec. 2003 ...... 72:10:16 and Business Lawyers Vines, Monte Oct. 2005 ...... 74:9: 6 Other topics: Attorney and client, attorneys, law prac- Harvey, Kathleen, Hupp, Alfred and Mdivani, Mira tice, legal profession, malicious prosecution, mal- Other topics: Corporations, employer and employee, practice – legal, professional liability, torts, and tort and employment liability The New Corporate Landscape: 2004 Kansas General Corporation Code Revisions Counties July/Aug. 2004 ...... 73:7:30 Home Rule: A Primer Quick, William Jan. 2005 ...... 74:1:26 Other Topics: Articles of incorporation, corporate law, Heim, Mike corporate reorganization, corporate taxation, corpo- Other topics: Cities, home rule, local government, ration code, corporations, stockholder rights, stock- municipal law, liquor regulations, planning and zon- holders, stock redemption ing, and police power Corporate Reorganization Court Decisions The New Corporate Landscape: 2004 Kansas General Call it a ‘Plan’ and A Defendant’s Prior (Similar) Sexual Corporation Code Revisions Misconduct Is In: The Disappearance of K.S.A. 60-455 July/Aug. 2004 ...... 73:7:30 Sept. 2001 ...... 70:8:30 Quick, William Purinton, Troy W. Other Topics: Articles of Incorporation, corporate law, Other topics: Crimes, crime and punishment, criminal corporate reorganization, corporate taxation, corpo- cases, criminal justice, criminal law, due process, evi- ration code, corporations, stockholder rights, stock- dence, 14th Amendment holders, and stock redemption Covered Entities Corporate Taxation Caught Up in the Expanding Net: Regulation of the The New Corporate Landscape: 2004 Kansas General Business Associate Under HIPAA Privacy Regulations Corporation Code Revisions April 2003 ...... 72:4:32 July/Aug. 2004 ...... 73:7:30 Matthews, William P. Quick, William Other topics: Business associates, employee health Other Topics: Articles of incorporation, corporate law, plans, health care, health hare clearinghouses, health corporate reorganization, corporate taxation, corpo- care insurers, health care providers, Health Insurance ration code, corporations, stockholder rights, stock- Portability and Accountability Act of 1996 (HIPAA), holders, and stock redemption privacy, and right to privacy

14 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Crimes Surviving Apprendi: A Procedural Ideal Meets the Real Call it a ‘Plan’ and A Defendant’s Prior (Similar Sexual World of Determinate Sentencing Misconduct Is In: The Disappearance of K.S.A. 60-455 Jan. 2003 ...... 72:1:44 Sept. 2001 ...... 70:8:30 Sittenauer, Teresa L. Purinton, Troy W. Other topics: Constitutional law, criminal cases, criminal Other topics: Court decisions, crimes and punishment, law, due process, 14th Amendment, guilty plea – criminal cases, criminal justice, criminal law, due vacating, legislation, prior conviction, right to jury process, evidence, and 14th Amendment trial, sentencing, Sixth Amendment, and statutes

Handling Documents and Witnesses: Ethics, Crimes and Crime Victims Other Assorted Difficulties How Does Immigration Law Today Affect Your Domestic Jan. 2003 ...... 72:1:33 Law Practice Hinderks, Mark May 2003 ...... 72:5:16 Other topics: ethics Harvey, Kathleen Anne Other topics: Adoption, aliens, child custody, citizens, citi- Representing the Criminal Defendant Who Intends to zenship, divorce, divorce/domestic relations, ethics – pro- Commit Perjury at Trial: Caught Between a Rock v. fessional, family law, government agencies, husband and Arkansas and a Hard Place wife, immigration, kidnapping, marriage, professional Oct. 2002 ...... 71:9:18 liability, separation, and treaties Kittle, Rick Other topics: Attorney and client, constitutional law, Criminal Cases criminal law, criminal procedure, ethics – professional, Beyond Hendricks: The United States Supreme Court professional ethics, right to counsel, Sixth Decision in Kansas v. Crane and Other Issues Concerning Amendment, and testimony Kansas’ Sexually Violent Predator Act Crime and Punishment April 2002 ...... 71:4:13 Breer, Kevin J. A Guide to Federal and Kansas Forfeiture: Beginner’s Guide Other topics: Criminal cases, criminal code, criminal to Federal Forfeiture law, crime and punishment, due process, mental ill- March 2001 ...... 70:3:18 ness, post conviction remedies, and United States Gurney, Annette Badwey Supreme Court When Good Property Goes Bad: A Primer on Kansas Asset Forfeiture Law and Procedure Call it a ‘Plan’ and A Defendant’s Prior(Similar) Sexual March 2001 ...... 70:3:24 Misconduct Is In: The Disappearance of K.S.A. 60-455 Wood, Colin D. Sept. 2001 ...... 70:8:30 Other topics: Assets, automobiles, burden of proof, civil Purinton, Troy W. claims, civil procedure, claims, criminal code, criminal jus- Other topics: Court decisions, crimes, crimes and punish- tice, criminal procedure, drugs, due process, federal gov- ment, criminal justice, criminal law, due process, evi- ernment, fines and penalties, homesteads, Kansas Code of dence, and 14th Amendment Civil Procedure (pleadings), law enforcement, personal property, practice and procedure, private property, prop- K.S.A. 22-4901 et seq — Offender Registration in Kansas erty, property law, real estate, real estate law, real property, June/July 2000 ...... 69:6:28 settlements, titles to property, and warrantless search Kittle, Rick Other topics: Criminal code, criminal law, crime and Beyond Hendricks: The United States Supreme Court punishment, due process, Kansas Constitution, mental Decision in Kansas v. Crane and Other Issues Concerning illness, and post conviction remedies Kansas’ Sexually Violent Predator Act April 2002 ...... 71:4:13 Surviving Apprendi: A Procedural Ideal Meets the real World Breer, Kevin J. of Determinate sentencing Other topics: Criminal cases, criminal code, criminal law, Jan. 2003 ...... 72:1:44 due process, mental illness, post conviction remedies, Sittenauer, Teresa L. and United States Supreme Court Other topics: Constitutional law, crimes and punishment, criminal law, due process, 14th Amendment, guilty Call it a ‘Plan’ and A Defendant’s Prior (Similar) Sexual plea – vacating, legislation, prior conviction, right to Misconduct Is In: The Disappearance of K.S.A. 60-455 jury trial, sentencing, Sixth Amendment, and statutes Sept. 2001 ...... 70:8:30 Purinton, Troy W. Other topics: Court decisions, crimes, criminal cases, criminal justice, criminal law, due process, evidence, and 14th Amendment

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 15

Criminal Code Criminal Jurisdiction Over Tribal Land in Kansas: Dueling A Guide to Federal and Kansas Forfeiture: Beginner’s Sovereigns Guide to Federal Forfeiture Feb. 1999 ...... 68:2:22 March 2001 ...... 70:3:18 Rainwater, John Gurney, Annette Badwey Other topics: Criminal justice, criminal law, Indians, When Good Property Goes Bad: A Primer on Kansas Indian law, jurisdiction, and Native American law Asset Forfeiture Law and Procedure March 2001 ...... 70:3:24 Criminal Law Wood, Colin D. Beyond Hendricks: The United States Supreme Court Other topics: Assets, automobiles, burden of proof, civil Decision in Kansas v. Crane and Other Issues claims, civil procedure, Claims, crimes and punish- Concerning Kansas’ Sexually Violent Predator Act ment, criminal justice, criminal procedure, drugs, April 2002 ...... 71:4:13 due process, federal government, fines and penalties, Breer, Kevin J. homesteads, Kansas Code of Civil Procedure Other topics: Criminal cases, criminal code, crime and (Pleadings), law enforcement, personal property, punishment, due process, mental illness, post convic- practice and procedure, private property, property, tion remedies, and United States Supreme Court property law, real estate, real estate law, real property, settlements, titles to property, and warrantless search “Blackie”–“A Life Outside the Law” May 2000 ...... 69:5:16 Beyond Hendricks: The United States Supreme Court Moline, Brian Decision in Kansas v. Crane and Other Issues Other topics: Biography and historical Concerning Kansas’ Sexually Violent Predator Act April 2002 ...... 71:4:13 Call it a ‘Plan’ and A Defendant’s Prior(Similar) Sexual Breer, Kevin J. Misconduct Is In: The Disappearance of K.S.A. 60-455 Other topics: Criminal cases, criminal law, crime and Sept. 2001 ...... 70:8:30 punishment, due process, mental illness, post convic- Purinton, Troy W. tion remedies, and United States Supreme Court Other topics: Court decisions, crimes, crimes and punishment, criminal cases, criminal justice, due process, K.S.A. 22-4901 et seq – Offender Registration in Kansas evidence, and 14th Amendment June/July 2000 ...... 69:6:28 Kittle, Rick Criminal Jurisdiction Over Tribal Land in Kansas: Dueling Other topics: Criminal cases, criminal law, crime and Sovereigns punishment, due process, Kansas Constitution, men- Feb. 1999 ...... 68:2:22 tal illness, and post conviction remedies Rainwater, John Other topics: Criminal justice, Indians, Indian law, Criminal Justice jurisdiction, and Native American law A Guide to Federal and Kansas Forfeiture: Beginner’s Guide to Federal Forfeiture Disaster on the Horizon: It’s Post-‘Conviction’ Time: Do March 2001 ...... 70:3:18 you know where your alien client is? Gurney, Annette Badwey Feb. 2004 ...... 73:2:16 When Good Property Goes Bad: A Primer on Kansas Harvey, Kathleen A., Sharma-Crawford, Rekha, and Asset Forfeiture Law and Procedure Sharma-Crawford, W. Michael March 2001 ...... 70:3:24 Other topics: Aliens and post conviction Wood, Colin D. Other topics: Assets, automobiles, burden of proof, civil Elect or Instruct: Preventing Evidence of Multiple Acts claims, civil procedure, claims, crimes and punish- From Threatening Juror Unanimity in Criminal Trials ment, criminal code, criminal procedure, drugs, due Ediger, Scott R. process, federal government, fines and penalties, May 2005 ...... 74:5:28 homesteads, Kansas Code of Civil Procedure (plead- Other topics: Instructions and jury trial ings), law enforcement, personal property, practice and procedure, private property, property, property Giving Credit Where Credit is Due: The Kansas Law on law, real estate, real estate law, real property, settle- Jail Time Credit ments, titles to property, and warrantless search Oct. 2000 ...... 69:9:22 Pierce, Ricklin R. Call it a ‘Plan’ and A Defendant’s Prior(Similar) Sexual Other topics: Criminal procedure, habeas corpus, parole Misconduct Is In: The Disappearance of K.S.A. 60-455 and probation, probation, and probation and sentencing Sept. 2001 ...... 70:8:30 Purinton, Troy W. Habeas Corpus in Kansas: The Great Writ Affords Post Other topics: Court decisions, crimes, crimes and pun- Conviction Relief at K.S.A. 60-1507 ishment, criminal cases, criminal law, due process, Jan. 1998 ...... 67:1:16 evidence, and 14th Amendment Coffman, Martha J. Other topics: Criminal procedure and habeas corpus

16 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

International Miranda? Article 36 of the Vienna Criminal Procedure Convention on Consular Relations A Guide to Federal and Kansas Forfeiture: Beginner’s June/July 2001 ...... 70:6:41 Guide to Federal Forfeiture Woodman, Rebecca E. March 2001 ...... 70:3:18 Other topics: International law, miranda, and treaties Gurney, Annette Badwey When Good Property Goes Bad: A Primer on Kansas Invocation of the Fifth Amendment Privilege: Application Asset Forfeiture Law and Procedure of the Privilege and Rebutting the Imposition of March 2001 ...... 70:3:24 Adverse Inferences Wood, Colin D. March 2004 ...... 73:3:14 Other topics: Assets, automobiles, burden of proof, civil Morris, Jeff D. claims, civil procedure, claims, crimes and punish- Other topics: Constitutional law, litigation, and Fifth ment, criminal code, criminal justice, drugs, due amendment process, federal government, fines and penalties, homesteads, Kansas Code of Civil Procedure (plead- K.S.A. 22-4901 et seq - Offender Registration in Kansas ings), law enforcement, personal property, practice June/July 2000 ...... 69:6:28 and procedure, private property, property, property Kittle, Rick law, real estate, real estate law, real property, settle- Other topics: Criminal cases, criminal code, crime and ments, titles to property, and warrantless search punishment, due process, Kansas Constitution, mental illness, and post conviction remedies A Practitioner’s Guide to Summary Judgement; Part l Dec. 1998 ...... 67:10:36 Lesser Included Offenses: An end to the Second Prong of Parnacott, Robert W. the Fike test Other topics: Civil procedure, criminal procedure, Nov. 1998 ...... 67:9:30 judgment and liens, litigation, motions, and sum- Molzen, Christy mary judgement Other topics: Criminal procedure A Practitioner’s Guide to Summary Judgement: Part ll Miles of Asphalt and the Evolving Rule of law: Are We Jan. 1999 ...... 68:1:30 There Yet? Parnacott, Robert W. May 2002 ...... 71:5:21 Other topics: Civil procedure, criminal procedure, Brown, James A. judgment and liens, litigation, motions, and summary judgement Representing the Criminal Defendant Who Intends to Commit Perjury at Trial: Caught Between a Rock v. An Ounce of Prevention: Motions in Liminie in Kansas Arkansas and a Hard Place State and Federal Courts Oct. 2002 ...... 71:9:18 Nov./Dec. 1999 ...... 68:10:36 Kittle, Rick Parnacott, Robert W. Other topics: Attorney and client, constitutional law, Other topics: Civil procedure and evidence crimes, criminal procedure, ethics – professional, professional ethics, right to counsel, Sixth Giving Credit Where Credit Is Due: The Kansas Law on Amendment, and testimony Jail Time Credit Oct. 2000 ...... 69:9:22 Stroud’s Specific Pierce, Ricklin R. Jan. 2000 ...... 69:1:20 Other topics: Criminal law, habeas corpus, parole and Nuss, Lawton M. probation, probation, and probation and sentencing Other topics: Appeal and error, biography, historical, and United States Supreme Court Habeas Corpus in Kansas: The Great Writ Affords Post Conviction Relief at K.S.A. 60-1507 Surviving Apprendi: A Procedural Ideal Meets the Real Jan. 1998 ...... 67:1:16 World of Determinate Sentencing Coffman, Martha J Jan. 2003 ...... 72:1:44 Other topics: Criminal law and habeas corpus Sittenauer, Teresa L. Other topics: Constitutional law, crimes and punish- Lesser Included Offenses: An End to the Second Prong of ment, criminal cases, due process, 14th Amendment, the Fike test guilty plea–vacating, legislation, prior conviction, Nov. 1998 ...... 67:9:30 right to jury trial, sentencing, Sixth Amendment, Molzen, Christy and statutes Other topics: Criminal law

The Courts of Heaven Jan. 1999 ...... 68:1:20 Nuss, Lawton Other topics: Historical, justice, and politics

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 17

Representing the Criminal Defendant Who Intends to Data Processing Commit Perjury at Trial: Caught Between a Rock v. The Paper Trail Has Gone Digital: Discovery in the Age of Arkansas and a Hard Place Electronic Information Oct. 2002 ...... 71:9:18 March 2002 ...... 71:3:16 Kittle, Rick Thompson, Todd N. Other topics: Attorney and client, constitutional law, Other topics: Computers, discovery, evidence, practice crimes, criminal law, ethics – professional, profes- and procedure, privacy, privilege, privileged informa- sional ethics, right to counsel, Sixth Amendment, tion privileged records, production of books and and testimony papers, records, Rules of Civil Procedure–Federal Rule 34 and K.S.A. 60-234(1975 Supp.) and K.S.A. 60- Crime and Punishment 236(1975 Supp.), and spoliation of evidence K.S.A. 22-4901 et seq – Offender Registration in Kansas June/July 2000 ...... 69:6:28 Decedents’ Estates Kittle, Rick An Accounting Primer for Estate Planning, Probate and Other topics: Criminal cases, criminal code, criminal Trust Counsel (The New Kansas Uniform Principal & law, due process, Kansas Constitution, mental illness, Income Act) and post conviction remedies June/July 2002 ...... 71:6:51 Newbery, C. David and Sullivan, D. Thad Surviving Apprendi: A Procedural Ideal Meets the Real Other topics: Administration of estates, and gift tax, World of Determinate sentencing estate planning, estate tax, estates, executors and Jan. 2003 ...... 72:1:44 administrators, fiduciaries, income, income tax, Sittenauer, Teresa L. inheritance and estate planning, inheritance and Other topics: Constitutional law, criminal cases, crimi- estate taxation, investments, pensions, probate, nal law, due process, 14th Amendment, guilty plea – remainders and remaindermen, retirement and vacating, legislation, prior conviction, right to jury Pensions, Revised Uniform Principal and Income trial, sentencing, Sixth Amendment, and statutes Act, tax, taxation, taxes, testators, trusts, trust and trustees, uniform laws, and uniform legislation

Estate Tax Apportionment in Kansas - Out With the Old, — D — In With the New Oct. 2001 ...... 70:9:16 Damages Cotorceanu, Peter A. If Wishes Were Horses: The Economic Waste Doctrine in Other topics: Apportionment, estate planning, estates, Construction Litigation estate tax, inheritance and estate planning, inheri- April 2001 ...... 70:4:28 tance and estate taxation, Inter Vivos trusts, Internal Robinson, F. James, Jr. Revenue Code, probate, tax, taxation, and trusts Other topics: Contracts Depositions The Economic Loss Rule in Kansas and its Impact on An Overview of the 2000 Amendments to the Federal Construction Cases Rules of Civil Procedure June 2005 ...... 74:6:30 February 2001 ...... 70:2:26 Breer, Kevin J. and Pulikkan, Justin D. Davis, Tamara L. Other topics: Breach of warranty, construction law, Other topics: Civil procedure, disclosure, discovery, evi- contracts, fraud, implied warranty, machinery and dence, experts, expert testimony, expert witness, fed- equipment, personal injuries, property, real estate eral civil procedure, federal courts, Federal Rules of law, and tort liability Civil Procedure, impeachment, interrogatories, nondisclosure, Rules of Civil Procedure, Federal Rule Title and Related Considerations in Conveying Kansas 34 and 35, K.S.A. 60-236(1975 Supp.), and sanctions Water Rights Nov. 1997 ...... 66:9:38 Disabled Persons Peck, John C. Overview of the New Guardianship and Conservatorship Act Other topics: Abstracts and titles, bankruptcy, divorce, Aug. 2002 ...... 71:7:25 easements, foreclosure, judgement and liens, judge- Molzen, Christy R. ments, mortgages, property, titles, title insurance, Other topics: Conservators and conservatorships, fidu- titles and land, titles to property, Uniform ciaries, guardian and ward, impaired persons, and Commercial Code, water districts, water rights, legislation Water Transfer Act, water and watercourses

18 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Disabilities Kansas Sunshine Law, How Bright Does It Shine Now? Responding to the Lament of Invisible Children: (Part I KORA) Achieving Meaningful Permanency for Foster Children May 2003 ...... 72:5:28 June/July 2003 ...... 72:6:46 Nuckolls, Theresa Marcel Lee, Jae M. and Young, Thomas Wade Other topics: Administrative law, attorney client, boards Other topics: Adoption, child abuse, child custody, and commissions, cities, city attorneys, confidential children and minors, education, ethics – profes- or privileged information, Freedom of Information sional, family law, federal acts, government agencies, Act, government agencies, laws, local government guardian and ward, infants, juvenile courts, juvenile and municipalities, municipal corporations, munici- law, juvenile/domestic relations, minors, parent and pal law, municipalities, open meetings, open records, child, public welfare, social welfare, state agencies, privacy, privileged information, privileged records, and wards public employees, public officials, records, records and recordation, school districts, state agencies, and Students, Discipline and Disabilities statutes June/July 1999 ...... 68:6:44 Hall, Carol and Paretsky, Jonathan Kansas Sunshine Law, How Bright Does It Shine Now? Other topics: Children and minors, education, educa- (Part II - KOMA) tional records, and schools June/July 2003 ...... 72:6:34 Nuckolls, Theresa Marcel Disbarment Other topics: Administrative law, attorney client, boards Improper Advances: The Rule Against Sex with clients and commissions, cities, city attorneys, confidential June/July 1998 ...... 67:5:40 or privileged information, Freedom of Information Badgerow, J. Nick Act, government agencies, laws, local government Other topics: attorney and client, ethics, and ethics- and municipalities, municipal corporations, munici- professional pal law, municipalities, open meetings, open records, privacy, privileged information, privileged records, Discharge public employees, public officials, records, records Twenty Years After Murphy v. City of Topeka: An and recordation, school districts, state agencies, and Overview of Kansas Retaliatory and Public Policy statutes Wrongful Discharge law Feb. 2003 ...... 72:2:20 The Paper Trail Has Gone Digital: Discovery in the Age of Matula, Michael L. Electronic Information Other topics: Discharge, discrimination, employer and March 2002 ...... 71:3:16 employee, employment, and labor and employment Thompson, Todd N. Other topics: Computers, data processing, evidence, Disclosure practice and procedure, privacy, privileged records, An Overview of the 2000 Amendments to the Federal privilege, privileged information, production of Rules of Civil Procedure books and papers, records, Rules of Civil Procedure- February 2001 ...... 70:2:26 Federal Rules 34 and K.S.A. 60-234(1975 Supp.) Davis, Tamara L. and K.S.A. 60-236(1975 Supp.), and spoliation of Other topics: Civil procedure, depositions, discovery, evi- evidence dence, experts, expert testimony, expert witness, federal civil procedure, federal courts, Federal Rules of Discrimination Civil Procedure, impeachment, interrogatories, Twenty Years After Murphy v. City of Topeka: An nondisclosure, Rules of Civil Procedure, Federal Rule Overview of Kansas Retaliatory and Public Policy 34 and 35, K.S.A. 60-236(1975 Supp.), and sanctions Wrongful Discharge law Feb. 2003 ...... 72:2:20 Discovery Matula, Michael L. An Overview of the 2000 Amendments to the Federal Other topics: Discharge, employer and employee, Rules of Civil Procedure employment, labor and employment Feb. 2001 ...... 70:2:26 Davis, Tamara L. Divorce Other topics: Civil procedure, depositions, disclosure, Evidence for the Family Lawyer: Intrafamily Wiretapping, evidence, experts, expert testimony, expert witness, the Fifth Amendment and Other Selected Topics federal civil procedure, federal courts, Federal Rules March 1999 ...... 68:3:24 of Civil Procedure, impeachment, interrogatories, Leben, Hon. Steve nondisclosure, Rules of Civil Procedure, Federal Rule Other topics: Child custody, evidence, family law, Fifth 34 and 35, K.S.A. 60-236(1975 Supp.), and sanc- Amendment, hearsay, private property, and wiretap tions

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 19

How Does Immigration Law Today Affect Your Domestic How Does Immigration Law Today Affect Your Domestic Law Practice Law Practice May 2003 ...... 72:5:16 May 2003 ...... 72:5:16 Harvey, Kathleen Anne Harvey, Kathleen Anne Other topics: Adoption, aliens, child custody, citizens, Other topics: Adoption, aliens, child custody, citizens, citizenship, crime victims, divorce/domestic rela- citizenship, crime victims, divorce, ethics – profes- tions, ethics – professional, family law, government sional, family law, government agencies, husband agencies, husband and wife, immigration, kidnap- and wife, immigration, kidnapping, marriage, profes- ping, marriage, professional liability, separation, and sional liability, separation, and treaties treaties May Fault be Considered in Deciding Financial Issues in The Effect of Bankruptcy on Divorce Planning Divorce Cases? March 2001 ...... 70:3:30 No, except in Rare Cases Involving Gross and Extreme Bell, Brenda J.; Kellstrom, Sharon Wright and Miller, Misconduct Anne Burke June/July 1998 ...... 67:5:28 Other topics: Bankruptcy and domestic relations O’Hara, James P. Yes, When a Fault-Based Divorce is Granted May Fault be Considered in Deciding Financial Issues in June/July 1998 ...... 67:5:28 Divorce Cases? Leben, Hon. Steve No, except in Rare Cases Involving Gross and Extreme Other topics: Civil procedure, divorce, and evidence Misconduct June/July 1998 ...... 67:5:28 Some Issues Concerning the Property of Married Persons O’Hara, James P. in Kansas Yes, When a Fault-Based Divorce is Granted Sept. 1999 ...... 68:8:18 June/July 1998 ...... 67:5:28 Peck, John C. Leben, Hon. Steve Other topics: Agency, agreements, contracts, divorce, Other topics: Civil procedure, domestic relations, and homestead, marriage, marital law, personal property, evidence property, real estate, real estate law, and real property

Some Issues Concerning the Property of Married Persons The Effect of Bankruptcy on Divorce Planning in Kansas March 2001 ...... 70:3:30 Sept. 1999 ...... 68:8:18 Bell, Brenda J.; Kellstrom, Sharon Wright and Miller, Peck, John C. Anne Burke Other topics: Agency, agreements, contracts, family law, Other topics: Bankruptcy and divorce, homestead, marriage, marital law, personal property, property, real estate, real estate law, and real property Drugs A Guide to Federal and Kansas forfeiture: Beginner’s Title and Related Considerations in Conveying Kansas Guide to Federal Forfeiture Water Rights March 2001 ...... 70:3:18 Nov. 1997 ...... 66:9:38 Gurney, Annette Badwey Peck, John C. When Good Property Goes Bad: A Primer on Kansas Other topics: Abstracts and titles, bankruptcy, deeds Asset Forfeiture Law and Procedure and conveyances, foreclosure, judgement and liens, March 2001 ...... 70:3:24 judgements, mortgages, property, titles, title insur- Wood, Colin D. ance, titles and land, titles to property, Uniform Other topics: Assets, automobiles, burden of proof, civil Commercial Code, water districts, water rights, claims, civil procedure, claims, crimes and punish- Water Transfer Act, water and watercourses ment, criminal code, criminal justice, criminal procedure, due process, federal government, fines and Domestic Relations penalties, homesteads, Kansas Code of Civil Procedure Common Law Marriage: Civil Contract or Carnal (pleadings), law enforcement, personal property, prac- Commerce tice and procedure, private property, property, prop- April 2001 ...... 70:4:20 erty law, real estate, real estate law, real property, settle- Feighny, Mary D. ments, titles to property, and warrantless search

Evidence for the Family Lawyer: Intrafamily Wiretapping, the Fifth Amendment and Other Selected Topics March 1999 ...... 68:3:24 Leben, Hon. Steve Other topics: Child custody, divorce, evidence, family law, Fifth Amendment, hearsay, private property, and wiretap

20 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Due Process Education A Guide to Federal and Kansas Forfeiture: Beginner’s Responding to the Lament of Invisible Children: Guide to Federal Forfeiture Achieving Meaningful Permanency for Foster Children March 2001 ...... 70:3:18 June/July 2003 ...... 72:6:46 Gurney, Annette Badwey Lee, Jae M. and Young, Thomas Wade When Good Property Goes Bad: A Primer on Kansas Other topics: Adoption, child abuse, child custody, Asset Forfeiture Law and Procedure children and minors, disabilities, ethics – profes- March 2001 ...... 70:3:24 sional, family law, federal acts, government agencies, Wood, Colin D. guardian and ward, infants, juvenile courts, juvenile Other topics: Assets, automobiles, burden of proof, civil law, juvenile/domestic relations, minors, parent and claims, civil procedure, claims, crimes and punish- child, public welfare, social welfare, state agencies, ment, criminal code, criminal justice, criminal proce- and wards dure, drugs, federal government, fines and penalties, homesteads, Kansas Code of Civil Procedure (plead- Students, Discipline and Disabilities ings), law enforcement, personal property, practice June/July 1999 ...... 68:6:44 and procedure, private property, property, property Hall, Carol and Paretsky, Jonathan law, real estate, real estate law, real property, settle- Other topics: Children and minors, disabilities, educa- ments, titles to property, and warrantless search tional records, and schools

Beyond Hendricks: The United States Supreme Court Educational Records Decision in Kansas v. Crane and Other Issues Students, Discipline and Disabilities Concerning Kansas’ Sexually Violent Predator Act June/July 1999 ...... 68:6:44 April 2002 ...... 71:4:13 Hall, Carol and Paretsky, Jonathan Breer, Kevin J. Other topics: Children and minors, disabilities, educa- Other topics: Criminal cases, criminal code, criminal tion, and schools law, crime and punishment, mental illness, post conviction remedies, and United States Supreme Court Effects of Indian Gaming Tribal v. State Government: Drawing the Lines Call it a ‘Plan’ and A Defendant’s Prior (Similar) Sexual Jan. 2001 ...... 70:1:24 Misconduct Is In The Disappearance of K.S.A. 60-455 Miller, Julene L. Sept. 2001 ...... 70:8:30 Other topics: Indian law, Indians, and litigation Purinton, Troy W. Other topics: Court decisions, crimes, crimes and pun- Elections ishment, criminal cases, criminal justice, criminal Recall of Local Elected Officials in Kansas law, evidence, and 14th Amendment Sept. 2001 ...... 70:8:18 Smith, Rich and Nuckolls, Theresa K.S.A. 22-4901 et seq - Offender Registration in Kansas Other topics: Politics and recall June/July 2000 ...... 69:6:28 Kittle, Rick The Selection of Judges in Kansas Other topics: Criminal cases, criminal code, criminal Jan. 2000 ...... 69:1:32 law, crime and punishment, Kansas Constitution, Jackson, Jeffrey D. mental illness, and post conviction remedies Other topics: Judges, judicial reform, and Kansas Commission of Judicial Qualifications 11th Amendment — E — Governmental Immunity – Recent Developments Concerning the 11th Amendment and the Kansas Tort Easements Claims Act Title and Related Considerations in Conveying Kansas Aug. 2001 ...... 70:7:24 Water Rights Breer, Kevin J. and Pulikkan, Justin D. Nov. 1997 ...... 66:9:38 Other topics: Affirmative defenses, constitutional his- Peck, John C. tory, constitutional law, U.S. Constitution, govern- Other topics: Abstracts and titles, bankruptcy, deeds ment lawyers, government immunity, immunity, and conveyances, divorce, foreclosure, judgement Kansas Tort Claims, personal injuries, school dis- and liens, judgements, mortgages, property, titles, tricts, schools and school districts, state agencies, title insurance, titles and land, titles to property, state of Kansas, state sovereignty, Tort Claims Act, Uniform Commercial Code, water districts, water and tort liability rights, Water Transfer Act, water and watercourses

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 21

Employee Health Plans Twenty Years After Murphy v. City of Topeka: An Caught Up in the Expanding Net: Regulation of the Overview of Kansas Retaliatory and Public Policy Business Associate Under HIPAA Privacy regulations Wrongful Discharge law April 2003 ...... 72:4:32 Feb. 2003 ...... 72:2:20 Matthews, William P. Matula, Michael L. Other topics: Covered entities, business associates, Other topics: Discharge, discrimination, employment, health care, health care clearinghouses, health care and labor and employment insurers, health care providers, Health Insurance Portability and Accountability Act of 1996 (HIPAA), Employer Compliance privacy, and right to privacy A Tough Balancing Act for Employers: RICO-Enhanced Liability Versus Discrimination Issues With the Employer and Employee Noncitizen Worker A Tough Balancing Act for Employers: RICO-Enhanced Nov./Dec. 2004 ...... 73:10:28 Liability Versus Discrimination Issues With the Harvey, Kathleen and Mdivani Mira Noncitizen Worker Other topics: Employment, Employer and employee, Nov./Dec...... 2004 73:10:28 immigration, and RICO Harvey, Kathleen and Mdivani Mira Other topics: Employment, employer compliance, Employment immigration, and RICO A Tough Balancing Act for Employers: RICO-Enhanced Liability Versus Discrimination Issues With the Covenants Not to Compete: A Kansas Law Overview Noncitizen Worker Feb./March 1998 ...... 67:2:26 Nov./Dec. 2004 73:10:28 Weems, Douglas M. Harvey, Kathleen and Mdivani Mira Other topics: Employment and litigation Other topics: Employer and employee, employer compliance, immigration, and RICO Immigration Law Update for Employment, Corporate and Business Lawyers Covenants Not to Compete: A Kansas law Overview Oct. 2005 ...... 74:9: 6 Feb./March 1998 ...... 67:2:26 Harvey, Kathleen, Hupp, Alfred and Mdivani, Mira Weems, Douglas M. Other topics: Corporate law, corporations, and Other topics: Employer and employee and litigation employment Immigration Law Update for Employment, Corporate and Mandatory Arbitration of Employment Law Claims: The Business Lawyers Whats, Whys, and Hows Oct. 2005 ...... 74:9: 6 April 1998 ...... 67:3:18 Harvey, Kathleen; Hupp, Alfred; and Mdivani, Mira Byers, Boyd A. Other topics: Corporate law, corporations, and Other topics: Alternative dispute resolution, arbitration, employer and employee and employment Mandatory Arbitration of Employment Law Claims: The See Dick and Jane Work: A Kansas Wage Payment Act Whats, Whys, and Hows Primer April 1998 ...... 67:3:18 Oct. 2003 ...... 72:9:14 Byers, Boyd A. Byers, Boyd A. and Rumfelt, Carolyn L. Other topics: Alternative dispute resolution, arbitration, Other topics: Administrative law, agreements, attorney and employer and employee fees, civil claims, employment, Fair Labor Standards Act, independent contractors, Kansas Administrative See Dick and Jane Work: A Kansas Wage Payment Act Procedure Act, Kansas Judicial Review and Civil Primer Enforcement of Agency Action Act, Kansas Wage Oct. 2003 ...... 72:9:14 Payment Act, labor, labor and employment, master Byers, Boyd A. and Rumfelt, Carolyn L. and servant, minimum wage and maximum hour Other topics: Administrative law, agreements, attorney law, state agencies, statutes, and wages fees, civil claims, employer and employee, Fair Labor Standards Act, independent contractors, Kansas The Changing Face of Arbitration: What Once Was Old is Administrative Procedure Act, Kansas Judicial New Again Review and Civil Enforcement of Agency Action Aug. 2003 ...... 72:7:36 Act, Kansas Wage Payment Act, labor, labor and Buchele, James P. and Rute, Larry R. employment, master and servant, minimum wage Other topics: Arbitration, class actions, contracts, fed- and maximum hour law, state agencies, statutes, and eral arbitration act, judicial review, and Uniform wages Arbitration Act

22 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Twenty Years After Murphy v. City of Topeka: An An Accounting Primer for Estate Planning, Probate, and Overview of Kansas Retaliatory and Public Policy Trust Counsel (The New Kansas Uniform Principal & Wrongful Discharge law Income Act) Feb. 2003 ...... 72:2:20 June/July 2002 ...... 71:6:51 Matula, Michael L. Newbery, C. David and Sullivan, D. Thad Other topics: Discharge, discrimination, employer and Other topics: Administration of estates, decedents’ employee, and labor and employment estates, estate and gift tax, estate planning, estates, executors and administrators, fiduciaries, income, Environment income tax, inheritance and estate planning, inheri- The Endangered Species Act: A Primer for Kansas General tance and estate taxation, investments, pensions, pro- Practioners bate, remainders and remaindermen, retirement and April 2000 ...... 69:4:26 pensions, Revised Uniform Principal and Income McDonald, Richard J. Act, tax, taxation, taxes, testators, trusts, trust and Other topics: Animals, civil law, conservation, environ- trustees, uniform laws, and uniform legislation ment, environmental law, and farms and farmers Puncturing the Paradigm – New Estate Planning and Environmental Law Drafting Considerations After the Economic Growth The Endangered Species Act: A Primer for Kansas General and Tax Relief Reconciliation Act of 2001 (EGTRRA) Practioners Feb. 2003 ...... 72:2:30 April 2000 ...... 69:4:26 Zinn, Richard L. McDonald, Richard J. Other topics: Estate and gift tax, and estate planning Other topics: Animals, conservation, civil law, environment, and farms and farmers The Kansas Estate Tax Problem Nov./Dec. 2005 ...... 74:10:36 Estate and Gift Tax Dickinson, Martin An Accounting Primer for Estate Planning, Probate, and Other topics: Estate and gift tax, estate planning, pro- Trust Counsel (The New Kansas Uniform Principal & bate, and taxation Income Act) June/July 2002 ...... 71:6:51 Estate Planning Newbery, C. David and Sullivan, D. Thad An Accounting Primer for Estate Planning, Probate, and Other topics: Administration of estates, decedents’ Trust Counsel (The New Kansas Uniform Principal & estates, estate planning, estate tax, estates, executors Income Act) and administrators, fiduciaries, income, income tax, June/July 2002 ...... 71:6:51 inheritance and estate planning, inheritance and Newbery, C. David and Sullivan, D. Thad estate taxation, investments, pensions, probate, Other topics: Administration of estates, decedents’ remainders and remaindermen, retirement and pen- estates, estate and gift tax, estate tax, estates, execu- sions, Revised Uniform Principal and Income Act, tors and administrators, fiduciaries, income, income tax, taxation, taxes, testators, trusts, trust and tax, inheritance and estate planning, inheritance and trustees, uniform laws, and uniform legislation estate taxation, investments, pensions, probate, remainders and remaindermen, retirement and pen- Puncturing the Paradigm – New Estate Planning and sions, Revised Uniform Principal and Income Act, Drafting Considerations After the Economic Growth tax, taxation, taxes, testators, trusts, trust and and Tax Relief Reconciliation Act of 2001 (EGTRRA) trustees, uniform laws, and uniform legislation Feb. 2003 ...... 72:2:30 Zinn, Richard L. Estate Tax Apportionment in Kansas: Out With the Old, Other topics: Estate and gift tax, estate planning, and in With the New estate tax Oct. 2001 ...... 70:9:16 Cotorceanu, Peter A. The Kansas Estate Tax Problem Other topics: Administration of estates, apportionment, Nov./Dec. 2005 ...... 74:10:36 estates, estate tax, executors and administrators, Dickinson, Martin inheritance and estate planning, inheritance and Other topics: Estate planning, estate tax, probate, and estate taxation, inter vivos trusts, Internal Revenue taxation Code, probate, tax, taxation, and trusts

Estate Tax Preparation and Use of Power of Attorney Act Estate Tax Apportionment in Kansas: Out With the Old, June 2005 ...... 74:6:20 In With the New Hoy, Matthew H. Oct. 2001 ...... 70:9:16 Other topics: Agency, financial planning, power of Cotorceanu, Peter A. attorney, and principal and agent Other topics: Administration of estates, apportionment, estate planning, estates, inheritance and estate planning, inheritance and estate taxation, inter vivos trusts, Internal Revenue Code, probate, tax, taxation, and trusts

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 23

Puncturing the Paradigm – New Estate Planning and Legal Ethics and Depression Drafting Considerations After the Economic Growth Sept. 2005 ...... 74:8: 33 and Tax Relief Reconciliation Act of 2001 (EGTRRA) Hoeflich, Michael H. Feb. 2003 ...... 72:2:30 Other topics: Impairment Zinn, Richard L. Other topics: Estate and gift tax and estate tax, Prosecutorial Misconduct During Trial: Lessons Learned from State v. Pabst and Other Recent Cases The Kansas Estate Tax Problem March 2003 ...... 72:3:34 Nov./Dec. 2005 ...... 74:10:36 Breer, Kevin J. Dickinson, Martin Other topics: Prosecution Other topics: Estate and gift tax, estate tax, probate, and taxation The “Good lawyer” & Rule 2.1 June/July 2000 ...... 69:6:38 Estates Hoeflich, M. H. Estate Tax Apportionment in Kansas – Out With the Old, Other topics: Attorney and client, professional ethics, in With the New and professional practice Oct. 2001 ...... 70:9:16 Cotorceanu, Peter A. The Increasing Use of the Internet in the Practice of Law Other topics: Administration of estates, apportionment, Feb. 2000 ...... 69:2:15 estates, estate planning, executors and administrators, Kraft, Eric G. inheritance and estate planning, inheritance and Other topics: Advertising and attorney and client estate taxation, inter vivos trusts, Internal Revenue Code, probate, tax, taxation, and trusts The Lawyers’ Creed of Professionalism – Some Observations From the Field Estate Tax Feb. 2000 ...... 69:2:24 Estate Tax Apportionment in Kansas – Out With the Old, Badgerow, J. Nick In With the New Other topics: Attorney and client, attorneys, clients, Oct. 2001 ...... 70:9:16 client and ethics, ethics, professional ethics, profes- Cotorceanu, Peter A. sional liability, professional practice, professional Other topics: Administration of estates, relations, professions and occupations, and public Apportionment, estates, estate planning, executors relations and administrators, inheritance and estate planning, inheritance and estate taxation, inter vivos trusts, What You Should Know About Conflicts of Interest and Internal Revenue Code, probate, tax, taxation, and the Kansas Rules of Professional Conduct trusts March 2002 ...... 71-3:27 Breer, Kevin J. Ethics Other topics: Ethics – professional A Second Chance for Kansas Attorneys: Supervision as an Alternative to Suspension or Disbarment Ethics – Professional Nov./Dec. 2001 ...... 70:10:20 Ethical Trap for the Organization Lawyer: Interplay By Logan, William F. and Kruske, Jeffrey S. Between KRPC 1.6, 1.13, 1.17, and 1.11 Other topics: Attorney and client, attorney fees, coun- April 2003 ...... 72:4:20 selor and adviser, ethics – professional, lawyers, legal Moline, Brian ethics, legal placement, professional ethics professional practice, and reinstatement of disbarred or Improper Advances: The Rule Against Sex With Clients suspended attorney June/July 1998 ...... 67:5:40 Badgerow, J. Nick Handling Documents and Witnesses: Ethics, Crimes and Other topics: Ethics, attorney and client, disbarment, Other Assorted Difficulties legal ethics, and professional practice Jan. 2003 ...... 72:1:33 Hinderks, Mark How Does Immigration Law Today Affect Your Domestic Other topics: Ethics and crimes Law Practice May 2003 ...... 72:5:16 Improper Advances: The Rule Against Sex with Clients Harvey, Kathleen Anne June/July 1998 ...... 67:5:40 Other topics: Adoption, aliens, child custody, citizens, Badgerow, J. Nick citizenship, crime victims, divorce, divorce/domestic Other topics: Ethics, attorney and client, disbarment, relations, family law, government agencies, husband ethics – professional, legal ethics, and professional and wife, immigration, kidnapping, marriage, profes- practice sional liability, separation, and treaties

24 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Responding to the Lament of Invisible Children: An Analysis of the Admissibility of Expert Opinion Achieving Meaningful Permanency for Foster Children Ttestimony in Kansas State Courts After Kahn v. June/July 2003 ...... 72:6:46 Sandoz Pharmaceuticals Lee, Jae M. and Young, Thomas Wade Feb. 2002 ...... 71:2:28 Other topics: Adoption, child abuse, child custody, chil- Griffin, James D. dren and minors, disabilities, education, family law, Other topics: Expert testimony, experts, expert witness, federal acts, government agencies, guardian and ward, rules of evidence, testimony, trial, witness, and witnesses infants, juvenile courts, juvenile law, juvenile/domestic relations, minors, parent and child, public welfare, An Ounce of Prevention: Motions in Limine in Kansas social welfare, state agencies, and wards State and Federal Courts Nov./Dec. 1999 ...... 68:10:36 Legal Service and Advertising in Cyberspace Parnacott, Robert W. May 2001 ...... 70:5:20 Other topics: Criminal procedure, civil procedure, and Hoeflich, Michael H. and Farmer, Karen Beth evidence Other topics: Advertising and solicitation An Overview of the 2000 Amendments to the Federal A Second Chance for Kansas Attorneys: Supervision as an Rules of Civil Procedure Alternative to Suspension or Disbarment Feb. 2001 ...... 70:2:26 Nov./Dec. 2001 ...... 70:10:20 Davis, Tamara L. Logan, William F. and Kruske, Jeffrey S. Other topics: Civil procedure, depositions, disclosure, dis- Other topics: Attorney and client, attorney fees, counselor covery, expert testimony, expert witness, experts, fed- and adviser, ethics, lawyers, legal ethics, legal place- eral civil procedure, federal courts, Federal Rules of ment, professional ethics, professional practice, and Civil Procedure, impeachment, interrogatories, nondis- reinstatement of disbarred or suspended attorney closure, Rules of Civil Procedure, Federal Rule 34 and 35, K.S.A. 60–236(1975 Supp.), and sanctions On the Proper State of things: Multijurisdictional Practice for the Kansas Practitioner Call it a ‘Plan’ and A Defendant’s Prior (Similar) Sexual Feb. 2005 ...... 74:2:20 Misconduct Is In: The Disappearance of K.S.A. 60–455 Hinderks, Mark D. Sept. 2001 ...... 70:8:30 Other topics: Attorney and client, bar admission, pro- Purinton, Troy W. fessional ethics, and unauthorized practice of law Other topics: Court decisions, crimes, crimes and punishment, criminal cases, criminal justice, criminal The Lawyers’ Creed of Professionalism – Some law, due process, and 14th Amendment Observations From the Field Feb. 2000 ...... 69:2:24 Evidence for the Family Lawyer: Intrafamily Wiretapping, Badgerow, J. Nick the Fifth Amendment and Other Selected Topics Other topics: Attorney and client, attorneys, clients, March 1999 ...... 68:3:24 client and ethics, professional ethics, professional lia- Leben, Hon. Steve bility, professional practice, professional relations, Other topics: Child custody, divorce, domestic rela- professions and occupations, and public relations tions, family law, Fifth Amendment, hearsay, private property, and wiretap What You Should Know About Conflicts of Interest and the Kansas Rules of Professional Conduct May Fault be Considered in Deciding Financial Issues in March 2002 ...... 71-3:27 Divorce Cases? Breer, Kevin J. No, Except in Rare Cases Involving Gross and Extreme Other topics: Ethics Misconduct June/July 1998 ...... 67:5:28 Representing the Criminal Defendant Who Intends to O’Hara, James P. Commit Perjury at Trial: Caught Between a Rock v. Yes, When a Fault – Based Divorce is Granted Arkansas and a Hard Place June/July 1998 ...... 67:5:28 Oct. 2002 ...... 71:9:18 Leben, Hon. Steve Kittle, Rick Other topics: Civil procedure, divorce, and domestic Other topics: Attorney and client, constitutional law, relations crimes, criminal law, criminal procedure, professional ethics, right to counsel, Sixth Amendment, and testi- Some Other Dude Did It (But Will You Be Able to Prove mony It) May 1998 ...... 67:4:28 Evidence Prater, Dennis and Somogye, Tammy M. Admissibility of Electronic Information Other topics: Civil procedure Sept. 2002 ...... 71:8:33 Garrett, Cecilia K. Other topics: Authentication of documents and computers

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 25

The Paper Trail Has Gone Digital: Discovery in the Age of Rules of Civil Procedure Electronic Information Feb. 2001 ...... 70:2:26 March 2002 ...... 71:3:16 Davis, Tamara L. Thompson, Todd N. Other topics: Civil procedure, depositions, disclosure, dis- Other topics: Computers, data processing, discovery, covery, evidence, expert testimony, expert witness, practice and procedure, privacy, privileged records, federal civil procedure, federal courts, Federal Rules of privilege, privileged information, production of Civil Procedure, impeachment, interrogatories, nondis- books and papers, records, Rules of Civil Procedure- closure, Rules of Civil Procedure, Federal Rule 34 and Federal Rules 34 and K.S.A. 60-234(1975 Supp.) 35, K.S.A. 60–236(1975 Supp.), and sanctions and K.S.A. 60-236(1975 Supp.), and spoliation of evidence Executors and Administrator An Accounting Primer for Estate Planning, Probate and Expert Testimony Trust Counsel (The New Kansas Uniform Principal & An Analysis of the Admissibility of Expert Opinion Income Act) Testimony in Kansas State Courts after Kuhn v. Sandoz June/July 2002 ...... 71:6:51 Pharmaceuticals Newbery, C. David and Sullivan, D. Thad Feb. 2002 ...... 71:2:28 Other topics: Administration of estates, decedents’ Griffin, James D. estates, estate and gift tax, estate planning, estate tax, Other topics: Evidence, experts, expert witness, rules of estates, fiduciaries, income, income tax, inheritance evidence, testimony, trial, witness, and witnesses and estate planning, inheritance and estate taxation, investments, pensions, probate, remainders and An Overview of the 2000 Amendments to the Federal remaindermen, retirement and pensions, Revised Rules of Civil Procedure Uniform Principal and Income Act, tax, taxation, Feb. 2001 ...... 70:2:26 taxes, testators, trusts, trust and trustees, uniform Davis, Tamara L. laws, and uniform legislation Other topics: Civil procedure, depositions, disclosure, discovery, expert testimony, expert witness, experts, fed- Estate Tax Apportionment in Kansas – Out With the Old, eral civil procedure, federal courts, Federal Rules of In With the New Civil Procedure, impeachment, interrogatories, nondis- Oct. 2001 ...... 70:9:16 closure, Rules of Civil Procedure, Federal Rule 34 and Cotorceanu, Peter A. 35, K.S.A. 60–236(1975 Supp.), and sanctions Other topics: Administration of estates, apportionment, estates, estate planning, estate tax, inheritance and Expert Witness estate planning, inheritance and estate taxation, inter An Analysis of the Admissibility of Expert Opinion vivos trusts, Internal Revenue Code, probate, tax, Testimony in Kansas State Courts after Kuhn v. Sandoz taxation, and trusts Pharmaceuticals Feb. 2002 ...... 71:2:28 Griffin, James D. Other topics: Evidence, expert testimony, experts, rules — F — of evidence, testimony, trial, witness, and witnesses Fair Labor Standards Act An Overview of the 2000 Amendments to the Federal See Dick and Jane Work: A Kansas Wage Payment Act Rules of Civil Procedure Primer Feb. 2001 ...... 70:2:26 Oct. 2003 ...... 72:9:14 Davis, Tamara L. Byers, Boyd A. and Rumfelt, Carolyn L. Other topics: Civil procedure, depositions, disclosure, Other topics: Administrative law, agreements, attorney discovery, evidence, expert testimony, experts, federal fees, civil claims, employer and employee, employ- civil procedure, federal courts, Federal Rules of Civil ment, independent contractors, Kansas Procedure, impeachment, interrogatories, nondisclo- Administrative Procedure Act, Kansas Judicial Review sure, rules of civil procedure, Federal Rule 34 and 35, and Civil Enforcement of Agency Action Act, Kansas K.S.A. 60–236(1975 Supp.), and sanctions Wage Payment Act, labor, labor and employment, master and servant, minimum wage and maximum Experts hour law, state agencies, statutes, and wages An Analysis of the Admissibility of Expert Opinion Testimony in Kansas State Courts after Kuhn v. Sandoz Family law Pharmaceuticals Evidence for the Family Lawyer: Intrafamily Wiretapping, Feb. 2002 ...... 71:2:28 the Fifth Amendment and Other Selected Topics Griffin, James D. March 1999 ...... 68:3:24 Other topics: Evidence, expert testimony, expert wit- Leben, Hon. Steve ness, rules of evidence, testimony, trial, witness, and Other topics: Child custody, divorce, domestic rela- witnesses tions, evidence, family law, Fifth Amendment, hearsay, private property, and wiretap An Overview of the 2000 Amendments to the Federal

26 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

How Does Immigration Law Today Affect Your Domestic Responding to the Lament of Invisible Children: Law Practice Achieving Meaningful Permanency for Foster Children May 2003 ...... 72:5:16 June/July 2003 ...... 72:6:46 Harvey, Kathleen Anne Lee, Jae M. and Young, Thomas Wade Other topics: Adoption, aliens, child custody, citizens, Other topics: Adoption, child abuse, child custody, citizenship, crime victims, divorce, divorce/domestic children and minors, disabilities, education, ethics – relations, ethics – professional, government agencies, professional, family law, government agencies, husband and wife, immigration, kidnapping, mar- guardian and ward, infants, juvenile courts, juvenile riage, professional liability, separation, and treaties law, juvenile/domestic relations, minors, parent and child, public welfare, social welfare, state agencies, Responding to the Lament of Invisible Children: and wards Achieving Meaningful Permanency for Foster Children June/July 2003 ...... 72:6:46 Federal Arbitration Act Lee, Jae M. and Young, Thomas Wade The Changing Face of Arbitration: What Once Was Old is Other topics: Adoption, child abuse, child custody, New Again children and minors, disabilities, education, ethics – Aug. 2003 ...... 72:7:36 professional, federal acts, government agencies, Buchele, James P. and Rute, Larry R. guardian and ward, infants, juvenile courts, juvenile Other topics: Arbitration, class actions, contracts, law, juvenile/domestic relations, minors, parent and employer/employee, judicial review, and Uniform child, public welfare, social welfare, state agencies, Arbitration Act and wards Federal Civil Procedure Some Issues Concerning the Property of Married Persons An Overview of the 2000 Amendments to the Federal in Kansas Rules of Civil Procedure Sept. 1999 ...... 68:8:18 Feb. 2001 ...... 70:2:26 Peck, John C. Davis, Tamara L. Other topics: Agency, agreements, contracts, divorce, Other topics: Civil procedure, depositions, disclosure, homestead, marriage, marital law, personal property, discovery, evidence, expert testimony, expert witness, property, real estate, real estate law, and real property experts, federal courts, Federal Rules of Civil Procedure, impeachment, interrogatories, nondisclo- Farms and Farmers sure, Rules of Civil Procedure, Federal Rule 34 and The Endangered Species Act: A Primer for Kansas General 35, K.S.A. 60–236(1975 Supp.), and sanctions Practioners April 2000 ...... 69:4:26 Federal Courts McDonald, Richard J. An Overview of the 2000 Amendments to the Federal Other topics: Animals, conservation, environment, and Rules of Civil Procedure environment law Feb. 2001 ...... 70:2:26 Davis, Tamara L. Federal Acts Other topics: Civil procedure, depositions, disclosure, Corporate Corruption and Wall Street Finagling: How discovery, evidence, expert testimony, expert witness, Will it Play in Kansas after SLUSA experts, federal civil procedure, Federal Rules of Civil Sept. 2003 ...... 72:8:14 Procedure, impeachment, interrogatories, nondisclo- Ramirez, Steven and Kruske, Jeffrey S. sure, rules of civil procedure, Federal Rule 34 and 35, Other topics: Alternative dispute resolution, arbitration, K.S.A. 60–236(1975 Supp.), sanctions, and witness arbitration and award, class actions, Consumer Protection Act, consumer rights, financial advisors, To Preserve and Protect: A Nuts-and-Bolts Approach to investments, Kansas Consumer Protection Act, legis- Attorney-Client Privilege and Work-Product Immunity lation, legislative history, mediation, professional lia- in Kansas Federal Courts bility, securities, Securities and Exchange July/Aug. 2005 ...... 74:7:32 Commission, securities regulations, stock, stockhold- Wolesky, Heather Brown ers, and stockholders rights Other topics: Attorney client privilege, and work-product

False Claims Act and Qui Tam Litigation: The Walking the Legal Tightrope: Serving Timely Process Government Taketh Away (And Then Some) When Filing State Claims in Federal Court Nov./Dec. 1999 ...... 68:10:20 Oct. 2004 ...... 73:9:28 Ross, Martie and Brannon, Jenny Corbin, Matt and Tortillot, Casey Other topics: Federal acts, federal government, and gov- Other topics: Federal courts, Federal Rules of Civil ernment contracts Procedure, jurisdiction, limitation of actions, service of process, and state courts

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 27

Federal Government Overview of the New Guardianship and Conservatorship Act A Guide to Federal and Kansas Forfeiture: Beginner’s Aug. 2002 ...... 71:7:25 Guide to Federal Forfeiture Molzen, Christy R. March 2001 ...... 70:3:18 Other topics: Conservators and conservatorships, dis- Gurney, Annette Badwey abled persons, guardian and ward, impaired persons, When Good Property Goes Bad: A Primer on Kansas and legislation Asset Forfeiture Law and Procedure March 2001 ...... 70:3:24 Financial Advisors Wood, Colin D. Corporate Corruption and Wall Street Finagling: How Other topics: Assets, automobiles, burden of proof, civil Will it Play in Kansas After SLUSA claims, civil procedure, claims, crimes and punish- Sept. 2003 ...... 72:8:14 ment, criminal code, criminal justice, criminal proce- Ramirez, Steven and Kruske, Jeffrey S. dure, drugs, due process, fines and penalties, home- Other topics: Alternative dispute resolution, arbitration, steads, Kansas Code of Civil Procedure (pleadings), arbitration and award, class actions, Consumer law enforcement, personal property, practice and Protection Act, consumer rights, investments, Kansas procedure, private property, property, property law, Consumer Protection Act, legislation, legislative his- real estate, real estate law, real property, settlements, tory, mediation, professional liability, securities, titles to property, and warrantless search Securities and Exchange Commission, securities regulations, stock, stockholders, and stockholders rights False Claims Act and Qui Tam Litigation: The Government Taketh Away (And Then Some) Fines and Penalties Nov./Dec. 1999 ...... 68:10:20 A Guide to Federal and Kansas Forfeiture: Beginner’s Ross, Martie and Brannon, Jenny Guide to Federal Forfeiture Other topics: Federal acts and government contracts March 2001 ...... 70:3:18 Gurney, Annette Badwey Federal Rules of Civil Procedure When Good Property Goes Bad: A Primer on Kansas An Overview of the 2000 Amendments to the Federal Asset Forfeiture Law and Procedure Rules of Civil Procedure March 2001 ...... 70:3:24 Feb. 2001 ...... 70:2:26 Wood, Colin D. Davis, Tamara L. Other topics: Assets, automobiles, burden of proof, civil Other topics: Civil procedure, depositions, disclosure, claims, civil procedure, claims, crimes and punish- discovery, evidence, expert testimony, expert witness, ment, criminal code, criminal justice, criminal proce- experts, federal courts, Federal Rules of Civil dure, drugs, due process, federal government, home- Procedure, impeachment, interrogatories, nondisclo- steads, Kansas Code of Civil Procedure (Pleadings), sure, Kansas Rules of Civil Procedure, Federal Rules law enforcement, personal property, practice and 34 and 35, K.S.A. 60–236(1975 Supp.), and sanc- procedure, private property, property, property law, tions real estate, real estate law, real property, settlements, titles to property, and warrantless search Walking the Legal Tightrope: Serving Timely Process When Filing State Claims in Federal Court Financial Planning Oct. 2004 ...... 73:9:28 Preparation and Use of Power of Attorney Act Corbin, Matt and Tortillot, Casey June 2005 ...... 74:6:20 Other topics: Federal courts, Federal Rules of Civil Hoy, Matthew H. Procedure, jurisdiction, limitation of actions, service Other topics: Agency, estate planning, power of attor- of process, and state courts ney, and principal and agent Fiduciaries Fifth Amendment An Accounting Primer for Estate Planning, Probate and Evidence for the Family Lawyer: Intrafamily Wiretapping, Trust Counsel (The New Kansas Uniform Principal & the Fifth Amendment and Other Selected Topics Income Act) March 1999 ...... 68:3:24 June/July 2002 ...... 71:6:51 Leben, Hon. Steve Newbery, C. David and Sullivan, D. Thad Other topics: Child custody, divorce, domestic rela- Other topics: Administration of estates, decedents’ estates, tions, evidence, family law, Fifth Amendment, estate and gift tax, estate planning, estate tax, estates, hearsay, private property, and wiretap executors and administrators, income, income tax, inheritance and estate planning, inheritance and estate Invocation of the Fifth Amendment Privilege: Application taxation, investments, pensions, probate, remainders of the Privilege and Rebutting the Imposition of and remaindermen, retirement and pensions, Revised Adverse Inferences Uniform Principal and Income Act, tax, taxation, March 2004 ...... 73:3:14 taxes, testators, trusts, trust and trustees, uniform laws, Morris, Jeff D. and uniform legislation Other topics: Constitutional law, criminal law, and litigation

28 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

The Wolf at the Door: Administrative Search Warrant Freedom of Information Act Procedure in Kansas Kansas Sunshine Law, How Bright Does It Shine Now? Jan. 2001 ...... 70:1:34 (Part I KORA) Tarbutton, Roger L. May 2003 ...... 72:5:28 Other topics: Inspections, municipal law, search war- Nuckolls, Theresa Marcel rants, search and seizure, and warantless search Other topics: Administrative law, attorney client, boards and commissions, cities, city attorneys, confidential Foreclosure or privileged information, discovery, Freedom of Title and Related Considerations in Conveying Kansas Information Act, government agencies, laws, local Water Rights government and municipalities, municipal corpora- Nov. 1997...... 66:9:38 tions, municipal law, municipalities, open meetings, Peck, John C. open records, privacy, privileged information, privi- Other topics: Abstracts and titles, bankruptcy, deeds leged records, public employees, public officials, and conveyances, divorce, easements, judgement and records, records and recordation, school districts, state liens, judgements, mortgages, property, titles, title agencies, and statutes insurance, titles and land, titles to property, Uniform Commercial Code, water districts, water rights, Kansas Sunshine Law, How Bright Does It Shine Now? Water Transfer Act, and water and watercourses (Part II - KOMA) June/July 2003 ...... 72:6:34 14th Amendment Nuckolls, Theresa Marcel Call it a ‘Plan’ and A Defendant’s Prior(Similar) Sexual Other topics: administrative law, attorney client, boards and Misconduct Is In: The Disappearance of K.S.A. 60–455 commissions, cities, city attorneys, confidential or privi- Sept. 2001 ...... 70:8:30 leged information, discovery, Freedom of Infor-mation Purinton, Troy W. Act, government agencies, laws, local government and Other topics: Court decisions, crimes, crimes and pun- municipalities, municipal corporations, municipal law, ishment, criminal cases, criminal justice, criminal municipalities, open meetings, open records, privacy, law, due process, and evidence privileged information, privileged records, public employees, public officials, records, records and recorda- Surviving Apprendi: A Procedural Ideal Meets the Real tion, school districts, state agencies, and statutes World of Determinate Sentencing Jan. 2003 ...... 72:1:44 Sittenauer, Teresa L. Other topics: Constitutional law, crimes and punish- — G — ment, criminal cases, criminal law, due process, guilty plea – vacating, legislation, prior conviction, right to Government Agencies jury trial, sentencing, Sixth Amendment, and statutes Kansas Sunshine Law, How Bright Does It Shine Now? Part I (KORA) Fraud May 2003 ...... 72:5:28 The Economic Loss Rule in Kansas and its Impact on Nuckolls, Theresa Marcel Construction Cases Other topics: Administrative law, attorney client, boards and June 2005 ...... 74:6:30 commissions, cities, city attorneys, confidential or privi- Breer, Kevin J. and Pulikkan, Justin D. leged information, discovery, Freedom of Information Act, Other topics: Breach of warranty, construction law, laws, local government and municipalities, municipal cor- contracts, damages, implied warranty, machinery and porations, municipal law, municipalities, open meetings, equipment, personal injuries, property, real estate open records, privacy, privileged information, privileged law, and tort liability records, public employees, public officials, records, records and recordation, school districts, state agencies, and statutes Fraudulent Conveyances The Kansas Revised Uniform Partnership Act Kansas Sunshine Law, How Bright Does It Shine Now? Oct. 1999 ...... 68:9:16 (Part II - KOMA) Hecker, Jr. Edwin W. June/July 2003 ...... 72:6:34 Other topics:Business and commerce, fraudulent trans- Nuckolls, Theresa Marcel fers, partnerships, uniform acts, and uniform laws Other topics: Administrative law, attorney client, boards and commissions, cities, city attorneys, confidential Fraudulent Transfers or privileged information, discovery, Freedom of The Kansas Revised Uniform Partnership Act Information Act, laws, local government and munici- Oct. 1999 ...... 68:9:16 palities, municipal corporations, municipal law, Hecker, Jr. Edwin W. municipalities, open meetings, open records, privacy, Other topics: Business and commerce, fraudulent con- privileged information, privileged records, public veyances, partnerships, uniform acts, and uniform employees, public officials, records, records and laws recordation, school districts, state agencies, and statutes

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 29

Responding to the Lament of Invisible children: Achieving Lee, Jae M. and Young, Thomas Wade Meaningful Permanency for Foster children Other topics: Adoption, child abuse, child custody, June/July 2003 ...... 72:6:46 children and minors, disabilities, education, ethics – Lee, Jae M. and Young, Thomas Wade professional, family law, federal acts, government Other topics: Adoption, child abuse, child custody, chil- agencies, infants, juvenile courts, juvenile law, juve- dren and minors, disabilities, education, ethics – pro- nile/domestic relations, minors, parent and child, fessional, family law, federal acts, guardian and ward, public welfare, social welfare, state agencies, and infants, juvenile courts, juvenile law, juvenile/domestic wards relations, minors, parent and child, public welfare, social welfare, state agencies, and wards Overview of the New Guardianship and Conservatorship Act Protecting the Protectors: The Public Duty Doctrine Aug. 2002 ...... 71:7:25 Oct. 1998 ...... 67:8:22 Molzen, Christy R. Kresin, David C. Other topics: Conservators and conservatorships, disabled Other topics: Government immunity, Kansas tort persons, fiduciaries, impaired persons, and legislation claims, and public employees Guilty Plea – Vacating Government Contracts Surviving Apprendi: A Procedural Ideal Meets the Real False Claims Act and Qui Tam Litigation: The World of Determinate Sentencing Government Taketh Away (And Then Some) Jan. 2003 ...... 72:1:44 Nov./Dec.1999 ...... 68:10:20 Sittenauer, Teresa L. Ross, Martie and Brannon, Jenny Other topics: Constitutional law, crimes and punish- Other topics: Federal acts and federal government ment, criminal cases, criminal law, due process, 14th Amendment, legislation, prior conviction, right to Government Immunity jury trial, sentencing, Sixth Amendment, and Protecting the Protectors: The Public Duty Doctrine statutes Oct. 1998 ...... 67:8:22 Kresin, David C. Other topics: Government agencies, Kansas tort claims, and public employees — H —

Governmental Immunity – Recent Developments Habeas Corpus Concerning the 11th Amendment and the Kansas Tort Habeas Corpus in Kansas: The Great Writ Affords Post Claims Act Conviction Relief at K.S.A. 60–1507 Aug. 2001 ...... 70:7:24 Jan. 1998 ...... 67:1:16 Breer, Kevin J. and Pulikkan, Justin D. Coffman, Martha J. Other topics: Affirmative defenses, constitutional his- Other topics: Criminal law and criminal procedure tory, constitutional law, Constitution of the United States, 11th Amendment, government lawyers, Giving Credit Where Credit is Due: The Kansas Law on immunity, Kansas tort claims, personal injuries, Jail Time Credit school districts, schools and school districts, state Oct. 2000 ...... 69:9:22 agencies, state of Kansas, state sovereignty, Tort Pierce, Ricklin R. Claims Act, and tort liability Other topics: Criminal law, criminal procedure, parole and probation, probation, and probation and sentencing Government Lawyers Governmental Immunity – Recent Developments Health Concerning the 11th Amendment and the Kansas Tort How To Get What You Want and Need: Requesting Claims Act Health Information in the Year 2001 and Beyond Aug. 2001 ...... 70:7:24 June/July 2001 ...... 70:6:52 Breer, Kevin J. and Pulikkan, Justin D. Linenberger, Marta Fisher Other topics: Affirmative defenses, constitutional his- Other topics: Health care and health care providers tory, constitutional law, Constitution of the United states, 11th Amendment, government immunity, Health Care Kansas Tort Claims, personal injuries, school dis- How To Get What You Want and Need: Requesting tricts, schools and school districts, state agencies, Health Information in the Year 2001 and Beyond state of Kansas, state sovereignty, Tort Claims Act, June/July 2001 ...... 70:6:52 and tort liability Linenberger, Marta Fisher Other topics: Health and health care providers Guardian and Ward Responding to the Lament of Invisible children: Achieving Meaningful Permanency for Foster children June/July 2003 ...... 72:6:46

30 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Caught Up in the Expanding Net: Regulation of the Historical Business Associate Under HIPAA Privacy Regulations “Blackie”–– “A Life Outside the Law” April 2003 ...... 72:4:32 May 2000 ...... 69:5:16 Matthews, William P. Moline, Brian Other topics: Covered entities, business associates, Other topics: Biography and criminal law employee health plans, health care clearinghouses, health care insurers, health care providers, Health Stroud’s Specific Insurance Portability and Accountability Act of 1996 Jan. 2000 ...... 69:1:20 (HIPAA), privacy, and right to privacy Nuss, Lawton M. Other topics: Appeal and error, biography, criminal law, Health Care Insurers and Supreme Court Caught Up in the Expanding Net: Regulation of the Business Associate Under HIPPA Privacy Regulations The Courts of Heaven April 2003 ...... 72:4:32 Jan. 1999 ...... 68:1:20 Matthews, William P. Nuss, Lawton M. Other topics: Covered entities, business associates, Other topics: Criminal law, justice, and politics employee health plans, health care, health care clearinghouses, health care providers, Health Insurance This Learned and Versatile Court Portability and Accountability Act of 1996 (HIPAA), Jan. 2002 ...... 71:1:22 privacy, and right to privacy Nuss, Lawton M. Health Care Portability and Accountability Act of Home Rule 1996 Home Rule: A Primer Caught Up in the Expanding Net: Regulation of the Jan. 2005 ...... 74:1:26 Business Associate Under HIPAA Privacy Regulations Heim, Mike April 2003 ...... 72:4:32 Other topics: Cities, counties, local government, liquor Matthews, William P. regulations, municipal law, planning and zoning, and Other topics: Covered entities, business associates, police power employee health plans, health care, health care clearinghouses, health care insurers, health care providers, Homesteads Health Insurance Portability and Accountability Act A Guide to Federal and Kansas Forfeiture: Beginner’s of 1996 (HIPAA), privacy, and right to privacy Guide to Federal Forfeiture March 2001 ...... 70:3:18 Health Care Providers Gurney, Annette Badwey How to Get What You Want and Need: Requesting When Good Property Goes Bad: A Primer on Kansas Health Information in the Year 2001 and Beyond Asset Forfeiture Law and Procedure June/July 2001 ...... 70:6:52 March 2001 ...... 70:3:24 Linenberger, Marta Fisher Wood, Colin D. Other topics: Health and health care Other topics: Assets, automobiles, burden of proof, civil claims, civil procedure, claims, crimes and punish- Caught Up in the Expanding Net: Regulation of the ment, criminal code, criminal justice, criminal proce- Business Associate Under HIPAA Privacy Regulations dure, drugs, due process, federal government, fines April 2003 ...... 72:4:32 and penalties, Kansas Code of Civil Procedure Matthews, William P. (pleadings), law enforcement, personal property, Other topics: Covered entities, business associates, practice and procedure, private property, property, employee health plans, health care, health care clear- property law, real estate, real estate law, real property, inghouses, health hare insurers, Health Insurance settlements, titles to property, and warrantless search Portability and Accountability Act of 1996 (HIPAA), privacy, and right to privacy Some Issues Concerning the Property of Married Persons in Kansas Hearsay Sept. 1999 ...... 68:8:18 Evidence for the Family Lawyer: Intrafamily Wiretapping, Peck, John C. the Fifth Amendment and Other Selected Topics Other topics: Agency, agreements, contracts, divorce, March 1999 ...... 68:3:24 family law, marriage,marital law, personal property, Leben, Hon. Steve property, real estate, real estate law, and real property Other topics: Child custody, divorce, evidence, family law, Fifth Amendment, private property, and wiretap

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 31

Husband and Wife Impeachment How Does Immigration Law Today Affect Your Domestic An Overview of the 2000 Amendments to the Federal Law Practice Rules of Civil Procedure May 2003 ...... 72:5:16 Feb. 2001 ...... 70:2:26 Harvey, Kathleen Anne Davis, Tamara L. Other topics: Adoption, aliens, child custody, citizens, Other topics: Civil procedure, depositions, disclosure, citizenship, crime victims, divorce, divorce/domestic discovery, evidence, expert testimony, expert witness, relations, ethics – professional, family law, govern- experts, federal civil procedure, federal courts, Federal ment agencies, immigration, kidnapping, marriage, Rules of Civil Procedure, interrogatories, nondisclo- professional liability, separation, and treaties sure, rules of civil procedure, Federal Rules 34 and 35, K.S.A. 60–236(1975 Supp.), and sanctions Implied Warranty — I — The Economic Loss Rule in Kansas and its Impact on Construction Cases Immigration June 2005 ...... 74:6:30 A Tough Balancing Act for Employers: RICO-Enhanced Breer, Kevin J. and Pulikkan, Justin D. Liability Versus Discrimination Issues With the Other topics: Breach of warranty, construction law, Noncitizen Worker contracts, damages, fraud, machinery and equip- Nov./Dec. 2004 73:10:28 ment, personal injuries, property, real estate law, and Harvey, Kathleen and Mdivani Mira tort liability Other topics: Employment, Employer and employee, employer compliance, and RICO The Kansas Residential Construction Defect Act: A Schematic Blueprint for Repairs How Does Immigration Law Today Affect Your Domestic March 2005 ...... 74:3:20 Law Practice Hoch, Wyatt A. May 2003 ...... 72:5:16 Other topics: Arbitration, breach of warranty, contracts, Harvey, Kathleen Anne Rules of Civil Procedure, and warranty Other topics: Adoption, aliens, child custody, citizens, citizenship, crime victims, divorce, divorce/domestic Income relations, ethics – professional, family law, govern- An Accounting Primer for Estate Planning, Probate, and ment agencies, husband and wife, kidnapping, mar- Trust Counsel (The New Kansas Uniform Principal & riage, professional liability, separation, and treaties Income Act) June/July 2002 ...... 71:6:51 Immunity Newbery, C. David and Sullivan, D. Thad Governmental Immunity – Recent Developments Other topics: Administration of estates, decedents’ Concerning the 11th Amendment and the Kansas Tort estates, estate and gift tax, estate planning, estate tax, Claims Act estates, executors and administrators, fiduciaries, Aug. 2001 ...... 70:6:24 income tax, inheritance and estate planning, inheri- Breer, Kevin J. and Pulikkan, Justin D. tance and estate taxation, investments, pensions, pro- Other topics: Affirmative defenses, constitutional his- bate, remainders and remaindermen, retirement and tory, constitutional law, Constitution of the United pensions, Revised Uniform Principal and Income States, 11th Amendment, government lawyers, gov- Act, tax, taxation, taxes, testators, trusts, trust and ernment immunity, Kansas tort claims, personal trustees, uniform laws, and uniform legislation injuries, school districts, schools and school districts, state agencies, state of Kansas, state sovereignty, Tort Income Tax Claims Act, and tort liability An Accounting Primer for Estate Planning, Probate, and Trust Counsel (The New Kansas Uniform Principal & Impaired Persons Income Act) Overview of the New Guardianship and Conservatorship Act June/July 2002 ...... 71:6:51 Aug. 2002 ...... 71:7:25 Newbery, C. David and Sullivan, D. Thad Molzen, Christy R. Other topics: Administration of estates, decedents’ Other topics: Conservators and conservatorships, dis- estates, estate and gift tax, estate planning, estate tax, abled persons, fiduciaries, guardian and ward, and estates, executors and administrators, fiduciaries, legislation income, inheritance and estate planning, inheritance and estate taxation, investments, pensions, probate, Impairment remainders and remaindermen, retirement and pen- Legal Ethics and Depression sions, Revised Uniform Principal and Income Act, Sept. 2005 ...... 74:8:33 tax, taxation, taxes, testators, trusts, trust and Hoeflich, Michael H. trustees, uniform laws, and uniform legislation Other topics: Ethics

32 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Independent Contractors agencies, guardian and ward, juvenile courts, juvenile See Dick and Jane Work: A Kansas Wage Payment Act law, juvenile/domestic relations, minors, parent and Primer child, public welfare, social welfare, state agencies, Oct. 2003 ...... 72:9:14 and wards Byers, Boyd A. and Rumfelt, Carolyn L. Other topics: Administrative law, agreements, attorney Inheritance and Estate Planning fees, civil claims, employer and employee, employ- An Accounting Primer for Estate Planning, Probate and ment, Fair Labor Standards Act, Kansas Trust Counsel (The New Kansas Uniform Principal & Administrative Procedure Act, Kansas Judicial Review Income Act) and Civil Enforcement of Agency Action Act, Kansas June/July 2002 ...... 71:6:51 Wage Payment Act, labor, labor and employment, Newbery, C. David and Sullivan, D. Thad master and servant, minimum wage and maximum Other topics: Administration of estates, decedents’ hour law, state agencies, statutes, and wages estates, estate and gift tax, estate planning, estate tax, estates, executors and administrators, fiduciaries, Indian Law income, income tax, inheritance and estate taxation, A Practical Guide to the Indian Child Welfare Act investments, pensions, probate, remainders and Feb. 1999 ...... 68:2:22 remaindermen, retirement and pensions, Revised Fox, Autumn Uniform Principal and Income Act, tax, taxation, Other topics: Child custody, children and minors, taxes, testators, trusts, trust and trustees, uniform Indian law, Indians, and Native American law laws, and uniform legislation

Criminal Jurisdiction Over Tribal land in Kansas: Dueling Estate Tax Apportionment in Kansas – Out With the Old, Sovereigns in With the New Feb. 1999 ...... 68:2:22 Oct. 2001 ...... 70:9:16 Rainwater, John Cotorceanu, Peter A. Other topics: Criminal justice, criminal law, Indians, Other topics: Administration of estates, apportionment, jurisdiction, and Native American law estates, estate planning, estate tax, executors and administrators, inheritance and estate taxation, inter Tribal v. State Government: Drawing the Lines vivos trusts, Internal Revenue Code, probate, tax, Jan. 2001 ...... 70:1:24 taxation, and trusts Miller, Julene L. Other topics: Effects of Indian gaming, Indians, and Inheritance and Estate Taxation litigation An Accounting Primer for Estate Planning, Probate and Trust Counsel (The New Kansas Uniform Principal & Indians Income Act) A Practical Guide to the Indian Child Welfare Act June/July 2002 ...... 71:6:51 Feb. 1999 ...... 68:2:16 Newbery, C. David and Sullivan, D. Thad Fox, Autumn Other topics: Administration of estates, decedents’ Other topics: Child custody, children and minors, estates, estate and gift tax, estate planning, estate tax, Indian law, and Native American law estates, executors and administrators, fiduciaries, income, income tax, inheritance and estate planning, Criminal Jurisdiction Over Tribal Land in Kansas: Dueling investments, pensions, probate, remainders and Sovereigns remaindermen, retirement and pensions, Revised Feb. 1999 ...... 68:2:22 Uniform Principal and Income Act, tax, taxation, Rainwater, John taxes, testators, trusts, trust and trustees, uniform Other topics: Criminal justice, criminal law, Indian law, laws, and uniform legislation jurisdiction, and Native American law Estate Tax Apportionment in Kansas – Out With the Old, Tribal v. State Government: Drawing the Lines In With the New Jan. 2001 ...... 70:1:24 Oct. 2001 ...... 70:9:16 Miller, Julene L. Cotorceanu, Peter A. Other topics: Effects of Indian gaming, Indian law, and Other topics: Administration of estates, apportionment, litigation estates, estate planning, estate tax, executors and administrators, inheritance and estate planning, inter Infants vivos trusts, Internal Revenue Code, probate, tax, Responding to the Lament of Invisible Children: taxation, and trusts Achieving Meaningful Permanency for Foster children June/July 2003 ...... 72:6:46 Lee, Jae M. and Young, Thomas Wade Other topics: Adoption, child abuse, child custody, children and minors, disabilities, education, ethics – professional, family law, federal acts, government

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1991–1997 – 33

Inspections Interrogatories The Wolf at the Door: Administrative Search Warrant An Overview of the 2000 Amendments to the Federal Procedure in Kansas Rules of Civil Procedure Jan. 2001 ...... 70:1:34 Feb. 2001 ...... 70:2:26 Tarbutton, Roger L. Davis, Tamara L. Other topics: Fifth Amendment, municipal law, search Other topics: Civil procedure, depositions, disclosure, warrants, search and seizure, and warantless search discovery, evidence, expert testimony, expert witness, experts, federal civil procedure, federal courts, Federal Instructions Rules of Civil Procedure, impeachment, nondisclo- Elect or Instruct: Preventing Evidence of Multiple Acts sure, rules of civil procedure, Federal Rules 34 and From Threatening Juror Unanimity in Criminal Trials 35, K.S.A. 60–236(1975 Supp.), and sanctions Ediger, Scott R. May 2005 ...... 74:5:28 Inventions Other topics: Criminal law and jury trial Protecting Intellectual Property Rights in the Workplace Sept. 1999 ...... 68:8:28 Intellectual Property Wadley, James B. and Brown, Jolynn M. Protecting Intellectual Property Rights in the Workplace Other topics: Copyrights, intellectual property, patent, Sept. 1999 ...... 68:8:28 and trade secrets Wadley, James B. and Brown, Jolynn M. Other topics: Copyrights, inventions, patent, and trade Investments secrets An Accounting Primer for Estate Planning, Probate and Trust Counsel (The New Kansas Uniform Principal & Inter vivos trusts Income Act) Estate Tax Apportionment in Kansas – Out With the Old, June/July 2002 ...... 71:6:51 In With the New Newbery, C. David and Sullivan, D. Thad Oct. 2001 ...... 70:9:16 Other topics: Administration of estates, decedents’ Cotorceanu, Peter A. estates, estate and gift tax, estate planning, estate tax, Other topics: Administration of estates, apportionment, estates, executors and administrators, fiduciaries, estates, estate planning, estate tax, executors and income, income tax, inheritance and estate planning, administrators, inheritance and estate planning, inheritance and estate taxation, pensions, probate, inheritance and estate taxation, Internal Revenue remainders and remaindermen, retirement and pen- Code, probate, tax, taxation, and trusts sions, Revised Uniform Principal and Income Act, tax, taxation, taxes, testators, trusts, trust and Internal Revenue Code trustees, uniform laws, and uniform legislation Deferred Like-Kind Exchanges Under Internal Revenue Code Section 1031 Corporate Corruption and Wall Street Finagling: How Aug. 1999 ...... 68:7:32 Will it Play in Kansas After SLUSA Wietharn, Jeffrey A. Sept. 2003 ...... 72:8:14 Other topics: Tax and taxation Ramirez, Steven and Kruske, Jeffrey S. Other topics: Alternative dispute resolution, arbitration, Estate Tax Apportionment in Kansas – Out With the Old, arbitration and award, class actions, Consumer In With the New Protection Act, consumer rights, financial advisors, Oct. 2001 ...... 70:9:16 Kansas Consumer Protection Act, legislation, legisla- Cotorceanu, Peter A. tive history, mediation, professional liability, securi- Other topics: Administration of estates, apportionment, ties, Securities and Exchange Commission, securities estates, estate planning, estate tax, executors and regulations, stock, stockholders, and stockholders administrators, inheritance and estate planning, inher- rights itance and estate taxation, inter vivos trusts, Internal Revenue Code, probate, tax, taxation, and trusts International law International Miranda? Article 36 of the Vienna Convention on Consular Relations June/July 2001 ...... 70:6:41 Woodman, Rebecca E. Other topics: Criminal law and treaties

International Trade Law at the Close of the Century: An Update for Kansas Lawyers, April 1999 ...... 6:4:26 Head, John W. Other topics: Trade regulations and treaties

34 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

A Practitioner’s Guide to Summary Judgement; Part l — J — Dec. 1998 ...... 67:10:36 Parnacott, Robert W. Jeopardy Assessments Other topics: Administrative law, civil procedure, crimi- A Guide to Federal and Kansas Forfeiture: Beginner’s nal procedure, litigation, motions, and summary Guide to Federal Forfeiture judgement March 2001 ...... 70:3:18 Gurney, Annette Badwey A Practitioner’s Guide to Summary Judgement: Part ll When Good Property Goes Bad: A Primer on Kansas Jan. 1999 ...... 68:1:30 Asset Forfeiture Law and Procedure Parnacott, Robert W. March 2001 ...... 70:3:24 Other topics: Administrative law, civil procedure, crimi- Wood, Colin D. nal procedure, litigation, motions, and summary Other topics: Assets, automobiles, burden of proof, civil judgement claims, Claims, crimes and punishment, criminal code, criminal justice, criminal procedure, drugs, due Judicial Decision - Making process, federal government, fines and penalties, Using Legislative History as a Tool of Statutory homesteads, Kansas Code of Civil Procedure (plead- Construction in Kansas ings), law enforcement, personal property, practice May 2002 ...... 71:5:35 and procedure, private property, property, property Levy, Richard E. and Mead, Robert law, real estate, real estate law, real property, settle- Other topics: Jurisprudence, legislation, legislative his- ments, titles to property, and warrantless search tory, legislative power, Legislature, and separation of powers Judges The Selection of Judges in Kansas Judicial Reform Jan. 2000 ...... 69:1:32 The Selection of Judges in Kansas Jackson, Jeffrey D. Jan. 2000 ...... 69:1:32 Other topics: Elections, judicial reform, and Kansas Jackson, Jeffrey D. Commission on Judicial Qualifications Other topics: Elections, judges, and Kansas Commission on Judicial Qualifications Judgment and Liens Testing the Waters in Kansas Mechanic’s Liens Judicial Review May 2005 ...... 74:5:16 The Changing Face of Arbitration: What Once Was Old is Kraft, Eric G. New Again Other topics: Liens, liens and encumbrances, liens and Aug. 2003 ...... 72:7:36 judgments, mechanic’s lien, real estate law, real Buchele, James P. and Rute, Larry R. estate, and real property Other topics: Arbitration, class actions, contracts, employer/employee, Federal Arbitration Act, and Title and Related Considerations in Conveying Kansas Uniform Arbitration Act Water Rights Nov. 1997 ...... 66:9:38 Jurisdiction Peck, John C. Criminal Jurisdiction Over Tribal Land in Kansas: Dueling Other topics: Abstracts and titles, bankruptcy, deeds and Sovereigns conveyances, divorce, easements, foreclosure, judge- Feb. 1999 ...... 68:2:22 ment and liens, judgements, mortgages, property, Rainwater, John titles, title insurance, titles and land, titles to property, Other topics: Criminal justice, criminal law, and Indians Uniform Commercial Code, water districts, water rights, Water Transfer Act, water and watercourses Walking the Legal Tightrope: Serving Timely Process When Filing State Claims in Federal Court Judgments Oct. 2004 ...... 73:9:28 Title and Related Considerations in Conveying Kansas Corbin, Matt and Tortillot, Casey Water Rights Other topics: Federal courts, Federal Rules of Civil Nov. 1997 ...... 66:9:38 Procedure, limitation of actions, service of process, Peck, John C. and state courts Other topics: Abstracts and titles, bankruptcy, deeds and conveyances, divorce, easements, foreclosure, Jurisprudence judgement and liens, mortgages, property, titles, title Using Legislative History as a Tool of Statutory insurance, titles and land, titles to property, Uniform Construction in Kansas Commercial Code, water districts, water rights, May 2002 ...... 71:5:35 Water Transfer Act, water and watercourses Levy, Richard E. and Mead, Robert Other topics: Judicial decision-making, legislation, legislative history, legislative power, Legislature, and separation of powers

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 35

Jury Trial See Dick and Jane Work: A Kansas Wage Payment Act Elect or Instruct: Preventing Evidence of Multiple Acts Primer From Threatening Juror Unanimity in Criminal Trials Oct. 2003 ...... 72:9:14 Ediger, Scott R. Byers, Boyd A. and Rumfelt, Carolyn L. May 2005 ...... 74:5:28 Other topics: Administrative law, agreements, attorney Other topics: Criminal law and instructions fees, civil claims, employer and employee, employment, Fair Labor Standards Act, independent con- Justice tractors, Kansas Judicial Review and civil The Courts of Heaven Enforcement of Agency Action Act, Kansas Wage Jan. 1999 ...... 68:1:20 Payment Act, labor, labor and employment, master Nuss, Lawton and servant, minimum wage and maximum hour Other topics: Criminal law, historical, and politics law, state agencies, statutes, and wages Juvenile Courts Kansas Code of Civil Procedure (Pleadings) Responding to the Lament of Invisible Children: A Guide to Federal and Kansas Forfeiture: Beginner’s Achieving Meaningful Permanency for Foster children Guide to Federal Forfeiture June/July 2003 ...... 72:6:46 March 2001 ...... 70:3:18 Lee, Jae M. and Young, Thomas Wade Gurney, Annette Badwey Other topics: Adoption, child abuse, child custody, chil- When Good Property Goes Bad: A Primer on Kansas dren and minors, disabilities, education, ethics – pro- Asset Forfeiture Law and Procedure fessional, family law, federal acts, government agen- March 2001 ...... 70:3:24 cies, guardian and ward, infants, juvenile law, juve- Wood, Colin D. nile/domestic relations, minors, parent and child, pub- Other topics: Assets, automobiles, burden of proof, civil lic welfare, social welfare, state agencies, and wards claims, civil procedure, claims, crimes and punishment, criminal code, criminal justice, criminal proce- Juvenile law dure, drugs, due process, federal government, fines Responding to the Lament of Invisible Children: and penalties, homesteads, law enforcement, per- Achieving Meaningful Permanency for Foster children sonal property, practice and procedure, private prop- June/July 2003 ...... 72:6:46 erty, property, property law, real estate, real estate Lee, Jae M. and Young, Thomas Wade law, real property, settlements, titles to property, and Other topics: Adoption, child abuse, child custody, chil- warrantless search dren and minors, disabilities, education, ethics – professional, family law, federal acts, government agen- Kansas Commission on Judicial Qualifications cies, guardian and ward, infants, juvenile courts, juve- The Selection of Judges in Kansas nile/domestic relations, minors, parent and child, pub- Jan. 2000 ...... 69:1:32 lic welfare, social welfare, state agencies, and wards Jackson, Jeffrey D. Other topics: Elections, judges, and judicial reform Juvenile/Domestic Relations Responding to the Lament of Invisible Children: Kansas Constitution Achieving Meaningful Permanency for Foster children K.S.A. 22–4901 et seq – Offender Registration in Kansas June/July 2003 ...... 72:6:46 June/July 2000 ...... 69:6:28 Lee, Jae M. and Young, Thomas Wade Kittle, Rick Other topics: Adoption, child abuse, child custody, Other topics: Criminal cases, criminal code, criminal children and minors, disabilities, education, ethics – law, crime and punishment, due process, mental ill- professional, family law, federal acts, government ness, and post conviction remedies agencies, guardian and ward, infants, juvenile courts, juvenile law, minors, parent and child, public wel- Governmental Immunity – Recent Developments fare, social welfare, state agencies, and wards Concerning the 11th Amendment and the Kansas Tort Claims Act Aug. 2001 ...... 70:7:24 Breer, Kevin J. and Pulikkan, Justin D. — K — Other topics: Affirmative defenses, constitutional history, constitutional law, Constitution of the United Kansas Administrative Procedure Act States, 11th Amendment, government lawyers, gov- A Species Unto Themselves: Professional Disciplinary ernment immunity, immunity, Kansas tort claims, Action personal injuries, school districts, schools and school June/July 2002 ...... 71:6:29 districts, state agencies, state of Kansas, state sover- Feighny, Mary and Nohe, Camille eignty, Tort Claims Act, and tort liability Other topics: Administrative agencies, administrative decisions, administrative law, Kansas Judicial Review and Civil Enforcement of Agency Action Act, professions and occupations, and state agencies

36 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Kansas Consumer Protection Act information, privileged records, public employees, public Corporate Corruption and Wall Street Finagling: How officials, records, records and recordation, school dis- Will it Play in Kansas After SLUSA tricts, state agencies, and statutes Sept. 2003 ...... 72:8:14 Ramirez, Steven and Kruske, Jeffrey S. Kansas Supreme Court Other topics: Alternative dispute resolution, arbitration, The Triple Switch: How the Missouri Plan Came to arbitration and award, class actions, consumer rights, Kansas financial advisors, investments, Kansas Consumer Jan. 2004 ...... 73:1:28 Protection Act, legislation, legislative history, media- Lee, R. Alton tion, professional liability, securities, Securities and Other topics: Merit selection Exchange Commission, securities regulations, stock, stockholders, and stockholders rights Kansas Tort Claims Kansas Judicial Review and Civil Enforcement of Governmental Immunity – Recent Developments Concerning the 11th Amendment and the Kansas Tort Agency Action Act Claims Act A Species Unto Themselves: Professional Disciplinary Aug. 2001 ...... 70:7:24 Action Breer, Kevin J. and Pulikkan, Justin D. June/July 2002 ...... 71:6:29 Other topics: Affirmative defenses, constitutional his- Feighny, Mary and Nohe, Camille tory, constitutional law, Constitution of the United Other topics: Administrative agencies, administrative States, 11th Amendment, government lawyers, gov- decisions, administrative law, Kansas Administrative ernment immunity, immunity, Kansas Constitution, Procedure Act, professions and occupations, and personal injuries, school districts, schools and school state agencies districts, state agencies, state of Kansas, state sovereignty, Tort Claims Act, and tort liability See Dick and Jane Work: A Kansas Wage Payment Act Primer Protecting the Protectors: The Public Duty Doctrine Oct. 2003 ...... 72:9:14 Oct. 1998 ...... 67:8:22 Byers, Boyd A. and Rumfelt, Carolyn L. Kresin, David C. Other topics: Administrative law, agreements, attorney Other topics: Government agencies, government immu- fees, civil claims, employer and employee, employ- nity, and public employees ment, Fair Labor Standards Act, independent contractors, Kansas Administrative Procedure Act, The Potential Civil Liability of Law Enforcement Officers Kansas Wage Payment Act, labor, labor and employ- and Agencies ment, master and servant, minimum wage and maxi- Sept. 1998 ...... 67:7:14 mum hour law, state agencies, statutes, and wages McAllister, Stephen R. and Robinson, Peyton H. Kansas Open Meetings Act and Kansas Open Other topics: Civil claims, civil procedure, law enforce- Records Act ment, litigation, and municipalities Kansas Sunshine Law, How Bright Does It Shine Now? Kansas Wage Payment Act (Part I KORA) See Dick and Jane Work: A Kansas Wage Payment Act May 2003 ...... 72:5:28 Primer Nuckolls, Theresa Marcel Oct. 2003 ...... 72:9:14 Other topics: Administrative law, attorney client, boards and Byers, Boyd A. and Rumfelt, Carolyn L. commissions, cities, city attorneys, confidential or privi- Other topics: Administrative law, agreements, attorney leged information, discovery, Freedom of Information fees, civil claims, employer and employee, employ- Act, government agencies, laws, local government and ment, Fair Labor Standards Act, independent con- municipalities, municipal corporations, municipal law, tractors, Kansas Administrative Procedure Act, municipalities, open meetings, open records, privacy, Kansas Judicial Review and Civil Enforcement of privileged information, privileged records, public employ- Agency Action Act, labor, labor and employment, ees, public officials, records, records and recordation, master and servant, minimum wage and maximum school districts, state agencies, and statutes hour law, state agencies, statutes, and wages

Kansas Sunshine Law, How Bright Does It Shine Now? Kidnapping (Part II - KOMA) How Does Immigration Law Today Affect Your Domestic June/July 2003 ...... 72:6:34 Law Practice Nuckolls, Theresa Marcel May 2003 ...... 72:5:16 Other topics: Administrative law, attorney client, boards and Harvey, Kathleen Anne commissions, cities, city attorneys, confidential or privi- Other topics: Adoption, aliens, child custody, citizens, cit- leged information, discovery, Freedom of Information izenship, crime victims, divorce, divorce/domestic rela- Act, government agencies, local government and munici- tions, ethics – professional, family law, government palities, municipal corporations, municipal law, munici- agencies, husband and wife, immigration, marriage, palities, open meetings, open records, privacy, privileged professional liability, separation, and treaties

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 37

The Potential Civil Liability of Law Enforcement Officers — L — and Agencies Sept. 1998 ...... 67:7:14 Labor McAllister, Stephen R. and Robinson, Peyton H. See Dick and Jane Work: A Kansas Wage Payment Act Other topics: Civil claims, civil procedure, Kansas tort Primer claims, litigation, and municipalities Oct. 2003 ...... 72:9:14 Byers, Boyd A. and Rumfelt, Carolyn L. Law Office Other topics: Administrative law, agreements, attorney “Notarize this”: The Notary’s and the Lawyer’s Liability for fees, civil claims, employer and employee, employ- Forged Signatures ment, Fair Labor Standards Act, independent con- Sept. 2004 ...... 73:8:18 tractors, Kansas Administrative Procedure Act, Badgerow, J. Nick Kansas Judicial Review and Civil Enforcement of Other topics: Ethics –professional, ethics, civil proce- Agency Action Act, Kansas Wage Payment Act, labor dure, law practice, legal ethics, legal profession, offi- and employment, master and servant, minimum cers, and wills wage and maximum hour law, state agencies, statutes, and wages Law Practice “Notarize this”: The Notary’s and the Lawyer’s Liability for Labor and Employment Forged Signatures See Dick and Jane Work: A Kansas Wage Payment Act Sept. 2004 ...... 73:8:18 Primer Badgerow, J. Nick Oct. 2003 ...... 72:9:14 Other topics: Ethics –professional, ethics, civil proce- Byers, Boyd A. and Rumfelt, Carolyn L. dure, law office, legal ethics, legal profession, officers, Other topics: Administrative law, agreements, attorney and wills fees, civil claims, employer and employee, employment, Fair Labor Standards Act, independent con- Laws tractors, Kansas Administrative Procedure Act, Kansas Sunshine Law, How Bright Does It Shine Now? Kansas Judicial Review and Civil Enforcement of (Part I KORA) Agency Action Act, Kansas Wage Payment Act, May 2003 ...... 72:5:28 labor, master and servant, minimum wage and maxi- Nuckolls, Theresa Marcel mum hour law, state agencies, statutes, and wages Other topics: Administrative law, attorney client, boards and commissions, cities, city attorneys, confidential Twenty Years After Murphy v. City of Topeka: An or privileged information, discovery, Freedom of Overview of Kansas Retaliatory and Public Policy Information Act, government agencies, local govern- Wrongful Discharge law ment and municipalities, municipal corporations, Feb. 2003 ...... 72:2:20 municipal law, municipalities, open meetings, open Matula, Michael L. records, privacy, privileged information, privileged Other topics: Discharge, discrimination, employer and records, public employees, public officials, records employee, and employment and recordation, school districts, state agencies, and statutes Law Enforcement A Guide to Federal and Kansas Forfeiture:Beginner’s Kansas Sunshine Law, How Bright Does It Shine Now? Guide to Federal Forfeiture (Part II - KOMA) March 2001 ...... 70:3:18 June/July 2003 ...... 72:6:34 Gurney, Annette Badwey Nuckolls, Theresa Marcel When Good Property Goes Bad: A Primer on Kansas Other topics: Administrative law, attorney client, boards Asset Forfeiture Law and Procedure and commissions, cities, city attorneys, confidential or March 2001 ...... 70:3:24 privileged information, discovery, Freedom of Wood, Colin D. Information Act, government agencies, local govern- Other topics: Assets, automobiles, burden of proof, civil ment and municipalities, municipal corporations, claims, civil procedure, claims, crimes and punishment, municipal law, municipalities, open meetings, open criminal code, criminal justice, criminal procedure, records, privacy, privileged information, privileged drugs, due process, federal government, fines and penal- records, public employees, public officials, records, ties, homesteads, Kansas Code of Civil Procedure records and recordation, school districts, state agen- (pleadings), personal property, practice and procedure, cies, and statutes private property, property, property law, real estate, real estate law, real property, settlements, titles to property, and warrantless search

38 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Lawyers Legal Placement A Second Chance for Kansas Attorneys: Supervision as an A Second Chance for Kansas Attorneys: Supervision as an Alternative to Suspension or Disbarment Alternative to Suspension or Disbarment Nov./Dec. 2001 ...... 70:10:20 Nov./Dec. 2001 ...... 70:10:20 Logan, William F. and Kruske, Jeffrey S. Logan, William F. and Kruske, Jeffrey S. Other topics: Attorney and client, attorney fees, coun- Other topics: Attorney and client, attorney fees, counselor and adviser, ethics, ethics – professional, legal selor and adviser, ethics, ethics – professional, ethics, legal placement, professional ethics, profes- lawyers, legal ethics, professional ethics professional sional practice, and reinstatement of disbarred or practice, and reinstatement of disbarred or sus- suspended attorney pended attorney

Legal Malpractice in Kansas: Principles and Examples Legal Profession Nov./Dec. 2003 ...... 72:10:16 Legal Malpractice in Kansas: Principles and Examples Vines, Monte Nov./Dec. 2003 ...... 72:10:16 Other topics: Attorney and clients, attorneys, counselor Vines, Monte and advisor, lawyers, law practice, legal profession, Other topics: Attorney and clients, attorneys, counselor malicious prosecution, malpractice – legal, profes- and advisor, law practice, malicious prosecution, sional liability, torts, and tort liability malpractice – legal, professional liability, torts, and and tort liability The Lawyers’ Creed of Professionalism – Some Observations From the Field “Notarize this”: The Notary’s and the Lawyer’s Liability for Feb. 2000 ...... 69:2:24 Forged Signatures Badgerow, J. Nick Sept. 2004 ...... 73:8:18 Other topics: Attorney and client, clients, client and Badgerow, J. Nick ethics, professional ethics, professional liability, pro- Other topics: Ethics – professional, ethics, civil proce- fessional practice, professional relations, professions dure, law office, legal ethics, legal profession, officers, and occupations, and public relations and wills Law Practice Legislation Legal Malpractice in Kansas: Principles and Examples Corporate Corruption and Wall Street Finagling: How Nov./Dec. 2003 ...... 72:10:16 Will it Plan in Kansas After SLUSA Vines, Monte Sept. 2003 ...... 72:8:14 Other topics: Attorney and clients, attorneys, counselor Ramirez, Steven and Kruske, Jeffrey S. and advisor, legal profession, malicious prosecution, Other topics: Alternative dispute resolution, arbitration, malpractice – legal, professional liability, torts, and arbitration and award, class actions, Consumer tort liability Protection Act, consumer rights, financial advisors, investments, Kansas Consumer Protection Act, leg- Legal Ethics islative history, mediation, professional liability, secu- Improper Advances: The Rule Against Sex With Clients rities, Securities and Exchange Commission, securi- June/July 1998 ...... 67:5:40 ties regulations, stock, stockholders, and stockholders Badgerow, J. Nick rights Other topics: Ethics, attorney and client, disbarment, ethics – professional, legal ethics, and professional Overview of the New Guardianship and Conservatorship practice Act Aug. 2002 ...... 71:7:25 A Second Chance for Kansas Attorneys: Supervision as an Molzen, Christy R. Alternative to Suspension or Disbarment Other topics: Conservators and conservatorships, dis- Nov./Dec. 2001 ...... 70:10:20 abled persons, fiduciaries, guardian and ward, and Logan, William F. and Kruske, Jeffrey S. impaired persons Other topics: Attorney and client, attorney fees, counselor and adviser, ethics, ethics – professional, Surviving Apprendi: A Procedural Ideal Meets the Real lawyers, legal placement, professional ethics, profes- World of Determinate Sentencing sional practice, and reinstatement of disbarred or Jan. 2003 ...... 72:1:44 suspended attorney Sittenauer, Teresa L. Other topics: Constitutional law, crimes and punish- “Notarize this”: The Notary’s and the Lawyer’s Liability for ment, criminal cases, criminal law, due process, 14th Forged Signatures Amendment, guilty plea – vacating, prior conviction, Sept. 2004 ...... 73:8:18 right to jury trial, sentencing, Sixth Amendment, Badgerow, J. Nick and statutes Other topics: Ethics –professional, ethics, civil procedure, law office, legal profession, officers, and wills

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 39

The 1998 Legislative Update Legislative Power Aug. 1998 ...... 67:6:14 Using Legislative History as a Tool of Statutory Kempf, Robin, Donaldson, Jerry Ann and Heim, Mike Construction in Kansas May 2002 ...... 71:5:35 The 1999 Legislative Wrap Up Levy, Richard E. and Mead, Robert Aug. 1999 ...... 68:7:16 Other topics: Jurisprudence, legislation, legislative history, Legislature, and separation of powers The 2001 Legislative Wrap Up Aug. 2001 ...... 72:7:14 Legislature Davis, Paul T. The 1998 Legislative Update Aug. 1998 ...... 67:6:14 The 2002 Legislative Wrap Up Kempf, Robin, Donaldson, Jerry Ann and Heim, Mike Aug. 2002 ...... 71:7:15 Davis, Paul T. The 1999 Legislative Wrap Up Aug. 1999 ...... 68:7:16 2005 Legislative Wrap Up … July/Aug. 2005 ...... 74:7:22 Y2K: An Active Year for Judicial Legislation (Legislative Clark, James W. Wrap up) Aug. 2000 ...... 69:7:12 Using Legislative History as a Tool of Statutory Davis, Paul T. Construction in Kansas May 2002 ...... 71:5:35 The 2001 Legislative Wrap Up Levy, Richard E. and Mead, Robert Aug. 2001 ...... 72:7:14 Other topics: Judicial decision - making, jurisprudence, Davis, Paul T. legislative history, legislative power, Legislature, and separation of powers The 2002 Legislative Wrap Up Aug. 2002 ...... 71:7:15 What Should Lawyers Know from the 2003 Kansas Davis, Paul T. Legislative Season Aug. 2003 ...... 72:7:16 2005 Legislative Wrap Up … Damron, Witney July/Aug. 2005 ...... 74:7:22 Clark, James W. Y2K: An Active Year for Judicial Legislation (Legislative Wrap up) Using Legislative History as a Tool of Statutory Aug. 2000 ...... 69:7:12 Construction in Kansas Davis, Paul T. May 2002 ...... 71:5:35 Levy, Richard E. and Mead, Robert Legislative History Other topics: Judicial decision-making, jurisprudence, Corporate Corruption and Wall Street Finagling: How legislation, legislative history, legislative power, and Will it Play in Kansas After SLUSA separation of powers Sept. 2003 ...... 72:8:14 Ramirez, Steven and Kruske, Jeffrey S. Y2K: An Active Year for Judicial Legislation (Legislative Other topics: Alternative dispute resolution, arbitration, Wrap up) arbitration and award, class actions, Consumer Aug. 2000 ...... 69:7:12 Protection Act, consumer rights, financial advisors, Davis, Paul T. investments, Kansas Consumer Protection Act, legislation, mediation, professional liability, securities, Liability Securities and Exchange Commission, securities regu- The Kansas Revised Limited Liability Company Act lations, stock, stockholders, and stockholders rights Nov./Dec. 2000...... 69:10:16 Hecker, Edwin W. Jr. Using Legislative History as a Tool of Statutory Other topics: Business and commerce, limited liability Construction in Kansas companies, partnerships, Uniform Act, and uniform May 2002 ...... 71:5:35 laws Levy, Richard E. and Mead, Robert Other topics: Judicial decision-making, jurisprudence, Liens legislation, legislative power, Legislature, and separa- Testing the Waters in Kansas Mechanic’s Liens tion of powers May 2005 ...... 74:5:16 Kraft, Eric G. Other topics: Judgment and liens, liens and encumbrances, liens and judgments, mechanic’s lien, real estate, real estate law, real property

40 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Liens and Encumbrances A Practitioner’s Guide to Summary Judgement: Part ll Testing the Waters in Kansas Mechanic’s Liens Jan. 1999 ...... 68:1:30 May 2005 ...... 74:5:16 Parnacott, Robert W. Kraft, Eric G. Other topics: Administrative law, civil procedure, crimi- Other topics: Judgment and liens, liens, liens and judg- nal procedure, judgments, motions, and summary ments, mechanic’s lien, real estate, real estate law, real judgement property Caveat Plaintiff: Congress has Defederalized Private Liens and Judgments Securities Litigation Testing the Waters in Kansas Mechanic’s Liens Nov. 1998 ...... 67:9:16 May 2005 ...... 74:5:16 Ramirez, Steven A. Kraft, Eric G. Other topics: Pleadings, securities, and securities regulations Other topics: Judgment and liens, liens, liens and encumbrances, mechanic’s lien, real estate, real estate Covenants Not to Compete: A Kansas law Overview law, real property Feb./March 1998 ...... 67:2:26 Weems, Douglas M. Limitation of Actions Other topics: Employer and employee, and employment Walking the Legal Tightrope: Serving Timely Process When Filing State Claims in Federal Court Invocation of the Fifth Amendment Privilege: Application Oct. 2004 ...... 73:9:28 of the Privilege and Rebutting the Imposition of Corbin, Matt and Tortillot, Casey Adverse Inferences Other topics: Federal courts, Federal Rules of Civil March 2004 ...... 73:3:14 Procedure, jurisdiction, service of process, and state Morris, Jeff D. courts Other topics: Constitutional law, criminal law, and Fifth Amendment Limited Liability Companies The Kansas Revised Limited Liability Company Act Municipal Government Liability Under Section 1983 Nov./Dec. 2000...... 69:10:16 Dec. 1998 ...... 67:10:22 Hecker, Edwin W. Jr. Jilka, Mike Other topics: Business and commerce, liability, partner- Other topics: Civil rights, municipal corporations, ships, Uniform Act, and uniform laws municipal immunity, and municipalities

Liquidated Damages The Potential Civil Liability of Law Enforcement Officers Liquidate Damages – When is the Claimant Entitled to and Agencies Prejudgment Interest? Sept. 1998 ...... 67:7:14 May 2004 ...... 73:5:14 McAllister, Stephen R. and Robinson, Peyton H. Christopher, Mary E. and Watson, Michelle M. Other topics: Civil claims, civil procedure, Kansas tort Other topics: Interest claims, law enforcement, and municipalities

Liquor Regulations Tribal v. Sate Government: Drawing the Lines Home Rule: A Primer Jan. 2001 ...... 70:1:24 Jan. 2005 ...... 74:1:26 Miller, Julene L. Heim, Mike Other topics: Effects of Indian gaming, Indian law, Other topics: Cities, counties, home rule, liquor regula- Indians, and Native American Law tions, local government, municipal law, planning and zoning, and police power Local Government Home Rule: A Primer Litigation Jan. 2005 ...... 74:1:26 A Practitioner’s Guide to Summary Judgement; Part l Heim, Mike Dec. 1998 ...... 67:10:36 Other topics: Cities, counties, home rule, liquor regula- Parnacott, Robert W. tions, municipal law, planning and zoning, and Other topics: Administrative law, civil procedure, crimi- police power nal procedure, judgments, motions, and summary judgement Local Government and Municipalities Annexation in Kansas Nov./Dec. 2001 ...... 70:10:28 Parnacott, Robert W. Other topics: Cities, municipal corporations, municipal law, and municipalities

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 41

Kansas Sunshine Law, How Bright Does It Shine Now? Master and Servant (Part I KORA) See Dick and Jane Work: A Kansas Wage Payment Act May 2003 ...... 72:5:28 Primer Nuckolls, Theresa Marcel Oct. 2003 ...... 72:9:14 Other topics: Administrative law, attorney client, boards Byers, Boyd A. and Rumfelt, Carolyn L. and commissions, cities, city attorneys, confidential Other topics: Administrative law, agreements, attorney or privileged information, discovery, Freedom of fees, civil claims, employer and employee, employ- Information Act, government agencies, laws, munici- ment, Fair Labor Standards Act, independent contrac- pal corporations, municipal law, municipalities, open tors, Kansas Administrative Procedure Act, Kansas meetings, open records, privacy, privileged informa- Judicial Review and Civil Enforcement of Agency tion, privileged records, public employees, public Action Act, Kansas Wage Payment Act, labor, labor officials, records, records and recordation, school and employment, minimum wage and maximum districts, state agencies, and statutes hour law, state agencies, statutes, and wages

Kansas Sunshine Law, How Bright Does It Shine Now? Marriage (Part II - KOMA) How Does Immigration Law Today Affect Your Domestic June/July 2003 ...... 72:6:34 Law Practice Nuckolls, Theresa Marcel May 2003 ...... 72:5:16 Other topics: Administrative law, attorney client, boards Harvey, Kathleen Anne and commissions, cities, city attorneys, confidential or Other topics: Adoption, aliens, child custody, citizens, privileged information, discovery, Freedom of citizenship, crime victims, divorce, divorce/domestic Information Act, government agencies, laws, municipal relations, ethics – professional, family law, government corporations, municipal law, municipalities, open agencies, husband and wife, immigration, kidnapping, meetings, open records, privacy, privileged informa- professional liability, separation, and treaties tion, privileged records, public employees, public officials, records, records and recordation, school districts, Some Issues Concerning the Property of Married Persons state agencies, and statutes in Kansas Sept. 1999 ...... 68:8:18 Peck, John C. Other topics: Agency, agreements, contracts, divorce, family — M — law, homestead, marital law, personal property, property, Machinery and Equipment real estate, real estate law, and real property The Economic Loss Rule in Kansas and its Impact on Marital law Construction Cases Some Issues Concerning the Property of Married Persons June 2005 ...... 74:6:30 in Kansas Breer, Kevin J. and Pulikkan, Justin D. Sept. 1999 ...... 68:8:18 Other topics: Breach of warranty, construction law, con- Peck, John C. tracts, damages, fraud, implied warranty, personal Other topics: Agency, agreements, contracts, divorce, fam- injuries, property, real estate law, and tort liability ily law, homestead, marriage, personal property, property, real estate, real estate law, and real property Malicious Prosecution Legal Malpractice in Kansas: Principles and Examples Mechanic’s Lien Nov./Dec. 2003 ...... 72:10:16 Testing the Waters in Kansas Mechanic’s Liens Vines, Monte May 2005 ...... 74:5:16 Other topics: Attorney and clients, attorneys, counselor Kraft, Eric G. and advisor, law practice, legal profession, malpractice Other topics: Judgment and liens, liens, liens and – legal, professional liability, torts, and tort liability encumbrances, liens and judgments, real estate law, real estate, real property Malpractice – Legal Legal Malpractice in Kansas: Principles and Examples Mediation Nov./Dec. 2003 ...... 72:10:16 Corporate Corruption and Wall Street Finagling: How Vines, Monte Will it Plan in Kansas After SLUSA Other topics: Attorney and clients, attorneys, counselor Sept. 2003 ...... 72:8:14 and advisor, law practice, legal profession, malicious Ramirez, Steven and Kruske, Jeffrey S. prosecution, professional liability, torts, and tort lia- Other topics: Alternative dispute resolution, arbitration, bility arbitration and award, class actions, Consumer Protection Act, consumer rights, financial advisors, investments, Kansas Consumer Protection Act, legislation, legislative history, professional liability, securities, Securities and Exchange Commission, securities regulations, stock, stockholders, and stockholders rights

42 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Mental Illness Mistake K.S.A. 22–4901 et seq – Offender Registration in Kansas What’s Your Authority? And Other Issues In Oral June/July 2000 ...... 69:6:28 Settlement Agreements Kittle, Rick May 2000 ...... 69:5:26 Other topics: Criminal cases, criminal code, criminal Blegen, Daniel E. law, crime and punishment, due process, Kansas Other topics: Accord and satisfaction, authority, consid- Constitution, and post conviction remedies eration, contracts, litigation, and settlements

Beyond Hendricks: The United States Supreme Court Mortgages Decision in Kansas v. Crane and Other Issues Title and Related Considerations in Conveying Kansas Concerning Kansas’ Sexually Violent Predator Act Water Rights April 2002 ...... 71:4:13 Nov. 1997...... 66:9:38 Breer, Kevin J. Peck, John C. Other topics: Criminal cases, criminal code, criminal Other topics: Abstracts and titles, bankruptcy, deeds and law, crime and punishment, due process, Post con- conveyances, divorce, easements, foreclosure, judgement viction remedies, and United States Supreme Court and liens, judgements, mortgages, property, titles, title insurance, titles and land, titles to property, Uniform Merit Selection Commercial Code, water districts, water rights, Water The Triple Switch: How the Missouri Plan Came to Transfer Act, and water and watercourses Kansas Jan. 2004 ...... 73:1:28 Motions Lee, R. Alton An Ounce of Prevention: Motions in Liminie in Kansas Other topics: Kansas Supreme Court State and Federal Courts Nov./Dec. 1999 ...... 68:10:36 Minimum Wage and Maximum Hour Law Parnacott, Robert W. See Dick and Jane Work: A Kansas Wage Payment Act Other topics: Criminal law, criminal procedure, and Primer civil procedure Oct. 2003 ...... 72:9:14 Byers, Boyd A. and Rumfelt, Carolyn L. A Practitioner’s Guide to Summary judgement; Part I Other topics: Administrative law, agreements, attorney Dec. 1998 ...... 67:10:36 fees, civil claims, employer and employee, employ- Parnacott, Robert W. ment, Fair Labor Standards Act, independent con- Other topics: Administrative law, civil procedure, crimi- tractors, Kansas Administrative Procedure Act, nal procedure, judgments, litigation, and summary Kansas Judicial Review and Civil Enforcement of judgement Agency Action Act, Kansas Wage Payment Act, labor, labor and employment, master and servant, A Practitioner’s Guide to Summary Judgement: Part II state agencies, statutes, and wages Jan. 1999 ...... 68:1:30 Parnacott, Robert W. Minors Other topics: Administrative law, civil procedure, crimi- Responding to the Lament of Invisible Children: nal procedure, judgments, litigation, and summary Achieving Meaningful Permanency for Foster children judgement June/July 2003 ...... 72:6:46 Lee, Jae M. and Young, Thomas Wade Motor Vehicles Other topics: Adoption, child abuse, child custody, A Guide to Federal and Kansas Forfeiture: Beginner’s children and minors, disabilities, education, ethics – Guide to Federal Forfeiture professional, family law, federal acts, government March 2001 ...... 70:3:18 agencies, guardian and ward, infants, juvenile courts, Gurney, Annette Badwey juvenile law, juvenile/domestic relations, parent and When Good Property Goes Bad: A Primer on Kansas child, public welfare, social welfare, state agencies, Asset Forfeiture Law and Procedure and wards March 2001 ...... 70:3:24 Wood, Colin D. Miranda Other topics: Assets, automobiles, burden of proof, civil International Miranda? Article 36 of the Vienna claims, civil procedure, claims, crime and punish- Convention on Consular Relations ment, criminal code, criminal justice, criminal proce- June/July 2001 ...... 70:6:41 dure, drugs, due process, federal government, fines Woodman, Rebecca E. and penalties, homesteads, Kansas Code of Civil Other topics: Criminal law, international law, and Procedure (pleadings), law enforcement, personal treaties property, practice and procedure, private property, property, property law, real estate, real estate law, real property, settlements, titles to property, and warrantless search

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 43

Municipal Corporations Kansas Sunshine Law, How Bright Does It Shine Now? Annexation in Kansas (Part I KORA) Nov./Dec. 2001 ...... 70:10:28 May 2003 ...... 72:5:28 Parnacott, Robert W. Nuckolls, Theresa Marcel Other topics: Cities, local government and municipali- Other topics: Administrative law, attorney client, boards ties, municipal law, and municipalities and commissions, cities, city attorneys, confidential or privileged information, discovery, Freedom of Kansas Sunshine Law, How Bright Does It Shine Now? Information Act, government agencies, laws, local (Part I KORA) government and municipalities, municipal corpora- May 2003 ...... 72:5:28 tions, municipalities, open meetings, open records, Nuckolls, Theresa Marcel privacy, privileged information, privileged records, Other topics: Administrative law, attorney client, boards public employees, public officials, records, records and commissions, cities, city attorneys, confidential or and recordation, school districts, state agencies, and privileged information, discovery, Freedom of statutes Information Act, government agencies, laws, local government and municipalities, municipal law, municipal- Kansas Sunshine Law, How Bright Does It Shine Now? ities, open meetings, open records, privacy, privileged (Part II - KOMA) information, privileged records, public employees, pub- June/July 2003 ...... 72:6:34 lic officials, records, records and recordation, school Nuckolls, Theresa Marcel districts, state agencies, and statutes Other topics: Administrative law, attorney client, boards and commissions, cities, city attorneys, confidential Kansas Sunshine Law, How Bright Does It Shine Now? or privileged information, discovery, Freedom of (Part II - KOMA) Information Act, government agencies, laws, local June/July 2003 ...... 72:6:34 government and municipalities, municipal corpora- Nuckolls, Theresa Marcel tions, municipalities, open meetings, open records, Other topics: Administrative law, attorney client, boards privacy, privileged information, privileged records, and commissions, cities, city attorneys, confidential public employees, public officials, records and recor- or privileged information, discovery, Freedom of dation, school districts, state agencies, and statutes Information Act, government agencies, laws, local government and municipalities, municipal law, The Wolf at the Door: Administrative Search Warrant municipalities, open meetings, open records, privacy, Procedure in Kansas privileged information, privileged records, public Jan. 2001 ...... 70:1:34 employees, public officials, records, records and recor- Tarbutton, Roger L. dation, school districts, state agencies, and statutes Other topics: Fifth Amendment, inspections, search warrants, search and seizure, and warantless search Municipal Government Liability Under Section 1983 Dec. 1998 ...... 67:10:22 Municipalities Jilka, Mike Annexation in Kansas Other topics: Civil rights, litigation, municipal immu- Nov./Dec. 2001 ...... 70:10:28 nity, and municipalities Parnacott, Robert W. Other topics: Cities, local government and municipali- Municipal Immunity ties, municipal corporations, and municipal law Municipal Government Liability Under Section 1983 Dec. 1998 ...... 67:10:22 Kansas Sunshine Law, How Bright Does It Shine Now? Jilka, Mike (Part I KORA) Other topics: Civil rights, litigation, municipal corpora- May 2003 ...... 72:5:28 tions, and municipalities Nuckolls, Theresa Marcel Other topics: Administrative law, attorney client, boards Municipal Law and commissions, cities, city attorneys, confidential Annexation in Kansas or privileged information, discovery, Freedom of Nov./Dec. 2001 ...... 70:10:28 Information Act, government agencies, laws, local Parnacott, Robert W. government and municipalities, municipal corpora- Other topics: Cities, local government and municipali- tions, municipal law, open meetings, open records, ties, municipal corporations, and municipalities privacy, privileged information, privileged records, public employees, public officials, records, records Home Rule: A Primer and recordation, school districts, state agencies, and Jan. 2005 ...... 74:1:26 statutes Heim, Mike Other topics: Cities, counties, home rule, liquor regulations, local government, planning and zoning, and police power

44 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Kansas Sunshine Law, How Bright Does It Shine Now? Nondisclosure (Part II - KOMA) An Overview of the 2000 Amendments to the Federal June/July 2003 ...... 72:6:34 Rules of Civil Procedure Nuckolls, Theresa Marcel Feb. 2001 ...... 70:2:26 Other topics: Administrative law, attorney client, boards Davis, Tamara L. and commissions, cities, city attorneys, confidential Other topics: Civil procedure, depositions, disclosure, dis- or privileged information, discovery, Freedom of covery, evidence, expert testimony, expert witness, Information Act, government agencies, laws, local experts, federal civil procedure, federal courts, Federal government and municipalities, municipal corpora- Rules of Civil Procedure, impeachment,interrogatories, tions, municipal law, open meetings, open records, rules of civil procedure, Federal Rules 34 and 35, privacy, privileged information, privileged records, K.S.A. 60–236(1975 Supp.), and sanctions public employees, public officials, records, records and recordation, school districts, state agencies, and statutes — O — Municipal Government Liability Under Section 1983 Dec. 1998 ...... 67:10:22 Officers Jilka, Mike “Notarize this”: The Notary’s and the Lawyer’s Liability for Other topics: Civil rights, litigation, municipal corpora- Forged Signatures tions, and municipal immunity Sept. 2004 ...... 73:8:18 Badgerow, J. Nick The Potential Civil Liability of Law Enforcement Officers Other topics: Ethics – professional, ethics, civil proce- and Agencies dure, law office, law practice, legal ethics, legal pro- Sept. 1998 ...... 67:7:14 fession, and wills McAllister, Stephen R. and Robinson, Peyton H. Other topics: Civil claims, civil procedure, Kansas tort Open Meetings claims, law enforcement, and litigation Kansas Sunshine Law, How Bright Does It Shine Now? (Part I KORA) Use it or Lose it – Giving Notice of Tort Claims to May 2003 ...... 72:5:28 Municipalities Under K.S.A. 12-105b(d) Nuckolls, Theresa Marcel March 2005 ...... 74:3:24 Other topics: Administrative law, attorney client, boards Sittenauer, Tereasa L. and commissions, cities, city attorneys, confidential Other topics: Procedure and Tort Claims Act or privileged information, discovery, Freedom of Information Act, government agencies, laws, local Native American Law government and municipalities, municipal corpora- A Practical Guide to the Indian Child Welfare Act tions, municipal law, municipalities, open records, Feb. 1999 ...... 68:2:22 privacy, privileged information, privileged records, Fox, Autumn public employees, public officials, records, records Other topics: Child custody, children and minors, and recordation, school districts, state agencies, and Indian law, and Indians, Native American law statutes

Criminal Jurisdiction Over Tribal Land in Kansas: Dueling Kansas Sunshine Law, How Bright Does It Shine Now? Sovereigns (Part II - KOMA) Feb. 1999 ...... 68:2:22 June/July 2003 ...... 72:6:34 Rainwater, John Nuckolls, Theresa Marcel Other topics: Criminal justice, criminal law, Indians, Other topics: Administrative law, attorney client, boards jurisdiction, and Native American law and commissions, cities, city attorneys, confidential or privileged information, discovery, Freedom of New Trial Information Act, government agencies, laws, local Dangerous Crossing: The Line Between Proper and government and municipalities, municipal corpora- Improper Argument tions, municipal law, municipalities, open records, Feb. 2001 ...... 70:2:14 privacy, privileged information, privileged records, McQuin, Hon. R. Scott public employees, public officials, records, records Other topics: Argument, closing argument, and trial and recordation, school districts, state agencies, and techniques statutes

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 45

Open Records Patent Kansas Sunshine Law, How Bright Does It Shine Now? Protecting Intellectual Property Rights in the Workplace (Part I KORA) Sept. 1999 ...... 68:8:28 May 2003 ...... 72:5:28 Wadley, James B. and Brown, Jolynn M. Nuckolls, Theresa Marcel Other topics: Copyrights, intellectual property, inven- Other topics: Administrative law, attorney client, boards tions, and trade secrets and commissions, cities, city attorneys, confidential or privileged information, discovery, Freedom of Pensions Information Act, government agencies, laws, local An Accounting Primer for Estate Planning, Probate and government and municipalities, municipal corpora- Trust Counsel (The New Kansas Uniform Principal & tions, municipal law, municipalities, open meetings, Income Act) privacy, privileged information, privileged records, June/July 2002 ...... 71:6:51 public employees, public officials, records, records Newbery, C. David and Sullivan, D. Thad and recordation, school districts, state agencies, and Other topics: Administration of estates, decedents’ estates, statutes estate and gift tax, estate planning, estate tax, estates, executors and administrators, fiduciaries, income, income Kansas Sunshine Law, How Bright Does It Shine Now? tax, inheritance and estate planning, inheritance and estate (Part II - KOMA) taxation, investments, probate, remainders and remainder- June/July 2003 ...... 72:6:34 men, retirement and pensions, Revised Uniform Principal Nuckolls, Theresa Marcel and Income Act, tax, taxation, taxes, testators, trusts, trust Other topics: Administrative law, attorney client, boards and trustees, uniform laws, and uniform legislation and commissions, cities, city attorneys, confidential or privileged information, discovery, Freedom of Personal Injuries Information Act, government agencies, laws, local gov- Governmental Immunity – Recent Developments ernment and municipalities, municipal corporations, Concerning the 11th Amendment and the Kansas Tort municipal law, municipalities, open meetings, Claims Act privacy,privileged information, privileged records, pub- Aug. 2001 ...... 70:7:24 lic employees, public officials, records, records and Breer, Kevin J. and Pulikkan, Justin D. recordation, school districts, state agencies, and statutes Other topics: Affirmative defenses, constitutional history, constitutional law, Constitution of the United States, 11th Amendment, government lawyers, government immunity, immunity, Kansas Constitution, Kansas — P — tort claims, personal injuries, school districts, schools and school districts, state agencies, state of Kansas, Parent and Child state sovereignty, Tort Claims Act, and tort liability Responding to the Lament of Invisible Children: Achieving Meaningful Permanency for Foster children The Economic Loss Rule in Kansas and its Impact on June/July 2003 ...... 72:6:46 Construction Cases Lee, Jae M. and Young, Thomas Wade June 2005 ...... 74:6:30 Other topics: Adoption, child abuse, child custody, chil- Breer, Kevin J. and Pulikkan, Justin D. dren and minors, disabilities, education, ethics – profes- Other topics: Breach of warranty, construction law, contracts, sional, family law, federal acts, government agencies, damages, fraud, implied warranty, machinery and equip- guardian and ward, infants, juvenile courts, juvenile ment, personal injuries, property, real estate law, and tort law, juvenile/domestic relations, minors, public welfare, liability social welfare, state agencies, and wards Personal Property Parole and Probation A Guide to Federal and Kansas Forfeiture: Beginner’s Giving Credit Where Credit is Due: The Kansas Law on Guide to Federal Forfeiture Jail Time Credit March 2001 ...... 70:3:18 Oct. 2000 ...... 69:9:22 Gurney, Annette Badwey Pierce, Ricklin R. When Good Property Goes Bad: A Primer on Kansas Other topics: Criminal law, criminal procedure, habeas Asset Forfeiture Law and Procedure corpus, probation, and probation and sentencing March 2001 ...... 70:3:24 Wood, Colin D. Partnerships Other topics: Assets, automobiles, burden of proof, civil claims, The Kansas Revised Uniform Partnership Act civil procedure, claims, crimes and punishment, criminal Oct. 1999 ...... 68:9:16 code, criminal justice, criminal procedure, drugs, due process, Hecker, Jr. Edwin W. federal government, fines and penalties, homesteads, Kansas Other topics: Business and commerce, fraudulent con- Code of Civil Procedure (pleadings), law enforcement, motor veyances, fraudulent transfers, uniform acts, and uni- vehicles, practice and procedure, private property, property, form laws property law, real estate, real estate law, real property, settlements, titles to property, and warrantless search

46 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Some Issues Concerning the Property of Married Persons K.S.A. 22–4901 et seq – Offender Registration in Kansas in Kansas June/July 2000 ...... 69:6:28 Sept. 1999 ...... 68:8:18 Kittle, Rick Peck, John C. Other topics: Criminal cases, criminal code, criminal Other topics: Agency, agreements, contracts, divorce, law, crime and punishment, due process, Kansas family law, homestead, marriage, marital law, prop- Constitution, and mental illness erty, real estate, real estate law, and real property Power of Attorney Planning and Zoning Preparation and Use of Power of Attorney Act Home Rule: A Primer June 2005 ...... 74:6:20 Jan. 2005 ...... 74:1:26 Hoy, Matthew H. Heim, Mike Other topics: Agency, estate planning, financial plan- Other topics: Cities, counties, home rule, liquor regula- ning and principal and agent tions local government, municipal law, and police power Practice and Procedure A Guide to Federal and Kansas Forfeiture: Beginner’s Pleadings Guide to Federal Forfeiture Caveat plaintiff: Congress has Defederalized Private March 2001 ...... 70:3:18 Securities Litigation Gurney, Annette Badwey Nov. 1998 ...... 67:9:16 When Good Property Goes Bad: A Primer on Kansas Ramirez, Steven A. Asset Forfeiture Law and Procedure Other topics: Litigation, securities, securities and March 2001 ...... 70:3:24 regulations Wood, Colin D. Other topics: Assets, automobiles, burden of proof, civil Police Power claims, civil procedure, claims, crimes and punishment, Home Rule: A Primer criminal code, criminal justice, criminal procedure, Jan. 2005 ...... 74:1:26 drugs, due process, federal government, fines and penal- Heim, Mike ties, homesteads, Kansas Code of Civil Procedure Other topics: Cities, counties, home rule, local govern- (pleadings), law enforcement, motor vehicles, personal ment, municipal law, liquor regulations, and plan- property, private property, property, property law, real ning and zoning estate, real estate law, real property, settlements, titles to property, and warrantless search Politics Recall of Local Elected Officials in Kansas The Paper Trail Has Gone Digital: Discovery in the Age of Sept. 2001 ...... 70:8:18 Electronic Information Smith, Rich and Nuckolls, Theresa March 2002 ...... 71:3:16 Other topics: Elections and recall Thompson, Todd N. Other topics: Computers, data processing, discovery, The Courts of heaven evidence, privacy, privileged records, privilege, privi- Jan. 1999 ...... 68:1:20 leged information, production of books and papers, Nuss, Lawton M. records, Rules of Civil Procedure-Federal Rules 34 Other topics: Criminal law, historical, and justice and K.S.A. 60-234(1975 Supp.) and K.S.A. 60- 236(1975 Supp.), and spoliation of evidence Post Conviction Disaster on the Horizon: It’s Post-‘Conviction’ Time: Do Principal and Agent You Know Where Your Alien Client is? Preparation and Use of Power of Attorney Act Feb. 2004 ...... 73:2:16 June 2005 ...... 74:6:20 Harvey, Kathleen A., Sharma-Crawford, Rekha, and Hoy, Matthew H. Sharma-Crawford, W. Michael Other topics: Agency, estate planning, financial plan- Other topics: Aliens, and Criminal law ning, and power of attorney Post Conviction Remedies Prior Conviction Beyond Hendricks: The United States Supreme Court Surviving Apprendi: A Procedural Ideal Meets the Real Decision in Kansas v. Crane and Other Issues World of Determinate Sentencing Concerning Kansas’ Sexually Violent Predator Act Jan. 2003 ...... 72:1:44 April 2002 ...... 71:4:13 Sittenauer, Teresa L. Breer, Kevin J. Other topics: Constitutional law, crimes and punish- Other topics: Criminal cases, criminal code, criminal ment, criminal cases, criminal law, due process, 14th law, crime and punishment, due process, mental ill- Amendment, guilty plea - vacating, legislation, right ness, and United States Supreme Court to jury trial, sentencing, Sixth Amendment, and statutes

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 47

Privacy Private Property The Paper Trail Has Gone Digital: Discovery in the Age of A Guide to Federal and Kansas Forfeiture: Beginner’s Electronic Information Guide to Federal Forfeiture March 2002 ...... 71:3:16 March 2001 ...... 70:3:18 Thompson, Todd N. Gurney, Annette Badwey Other topics: Computers, and data processing, discov- When Good Property Goes Bad: A Primer on Kansas ery, evidence, practice and procedure, privilege, privi- Asset Forfeiture Law and Procedure leged information privileged records, production of March 2001 ...... 70:3:24 books and papers, records, Rules of Civil Procedure- Wood, Colin D. Federal Rule 34 and K.S.A. 60-234(1975 Supp.) and Other topics: Assets, automobiles, burden of proof, civil K.S.A. 60-236(1975 Supp.), and spoliation of evi- claims, civil procedure, claims, crimes and punish- dence ment, criminal code, criminal justice, criminal procedure, drugs, due process, federal government, fines Caught Up in the Expanding Net: Regulation of the and penalties, homesteads, Kansas Code of Civil Business Associate Under HIPAA Privacy Regulations Procedure (pleadings), law enforcement, motor vehi- April 2003 ...... 72:4:32 cles, personal property, practice and procedure, real Matthews, William P. property, settlements, titles to property, and warrant- Other topics: Covered entities, business associates, less search, employee health plans, health care, health hare clearinghouses, health care insurers, health care providers, Evidence for the Family Lawyer: Intrafamily Wiretapping, Health Insurance Portability and Accountability Act the Fifth Amendment and Other Selected Topics of 1996 (HIPAA), and right to privacy March 1999 ...... 68:3:24 Leben, Hon. Steve Privacy, Privileged Records Other topics: Child custody, divorce, domestic rela- Kansas Sunshine Law, How Bright Does It Shine Now? tions, evidence, family law, Fifth Amendment, (Part I KORA) hearsay, private property, and wiretap May 2003 ...... 72:5:28 Nuckolls, Theresa Marcel Privilege Other topics: Administrative law, attorney client, boards and The Increasing Use of the Internet in the Practice of Law commissions, cities, city attorneys, confidential or privi- Feb. 2000 ...... 69:2:15 leged information, discovery, Freedom of Information Act, Kraft, Eric G. government agencies, laws, local government and munici- Other topics: Advertising, attorney and client, and palities, municipal corporations, municipal law, munici- ethics palities, open meetings, open records, privileged information, public employees, public officials, records and recor- The Paper Trail Has Gone Digital: Discovery in the Age of dation, school districts, state agencies, and statutes Electronic Information March 2002 ...... 71:3:16 Kansas Sunshine Law, How Bright Does It Shine Now? Thompson, Todd N. (Part II - KOMA) Other topics: Computers, data processing, discovery, June/July 2003 ...... 72:6:34 evidence, practice and procedure, privacy, privileged Nuckolls, Theresa Marcel information, privileged records, production of books Other topics: Administrative law, attorney client, boards and papers, records, Rules of Civil Procedure-Federal and commissions, cities, city attorneys, confidential Rules 34 and K.S.A. 60-234(1975 Supp.) and K.S.A. or privileged information, discovery, Freedom of 60-236(1975 Supp.), and spoliation of evidence Information Act, government agencies, laws, local government and municipalities, municipal corpora- Privileged Information tions, municipal law, municipalities, open meetings, The Paper Trail Has Gone Digital: Discovery in the Age of open records, privileged information, public employ- Electronic Information ees, public officials, records and recordation, school March 2002 ...... 71:3:16 districts, state agencies, and statutes Thompson, Todd N. Other topics: Computers, data processing, discovery, The Paper Trail Has Gone Digital: Discovery in the Age of evidence, practice and procedure, privacy, privilege, Electronic Information privileged records, production of books and papers, March 2002 ...... 71:3:16 records, Rules of Civil Procedure-Federal Rules 34 Thompson, Todd N. and K.S.A. 60-234(1975 Supp.) and K.S.A. 60- Other topics: Data processing, discovery, evidence, 236(1975 Supp.), and spoliation of evidence practice and procedure, privacy, privacy, privileged records, privilege, privileged information, production of books and papers, records, Rules of Civil Procedure-Federal Rules 34 and K.S.A. 60-234(1975 Supp.) and K.S.A. 60-236(1975 Supp.), and spoliation of evidence

48 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Kansas Sunshine Law, How Bright Does It Shine Now? Probation (Part I KORA) Giving Credit Where Credit is Due: The Kansas Law on May 2003 ...... 72:5:28 Jail Time Credit Nuckolls, Theresa Marcel Oct. 2000 ...... 69:9:22 Other topics: Administrative law, attorney client, boards Pierce, Ricklin R. and commissions, cities, city attorneys, confidential Other topics: Criminal law, criminal procedure, habeas or privileged information, discovery, Freedom of corpus, parole and probation, probation and sen- Information Act, government agencies, laws, local tencing government and municipalities, municipal corporations, municipal law, municipalities, open meetings, Probation and Sentencing open records, privacy, privileged records, public Giving Credit Where Credit is Due: The Kansas Law on employees, public officials, records, records and Jail Time Credit recordation, school districts, state agencies, and Oct. 2000 ...... 69:9:22 statutes Pierce, Ricklin R. Other topics: Criminal law, criminal procedure, habeas Kansas Sunshine Law, How Bright Does It Shine Now? corpus, parole and probation, and probation (Part II - KOMA) June/July 2003 ...... 72:6:34 Procedure Nuckolls, Theresa Marcel Use it or Lose it – Giving Notice of Tort Claims to Other topics: Administrative law, attorney client, boards Municipalities Under K.S.A. 12-105b(d) and commissions, cities, city attorneys, confidential March 2005 ...... 74:3:24 or privileged information, discovery, Freedom of Sittenauer, Tereasa L. Information Act, government agencies, laws, local Other topics: Municipalities and Tort Claims Act government and municipalities, municipal corporations, municipal law, municipalities, open meetings, Production of Books and Papers open records, privacy, privileged records, public An Overview of the 2000 Amendments to the Federal employees, public officials, records, records and Rules of Civil Procedure recordation, school districts, state agencies, and Feb.. 2001 ...... 70:2:26 statutes Davis, Tamara L. Other topics: Civil procedure, depositions, disclosure, Probate discovery, evidence, expert testimony, expert witness, An Accounting Primer for Estate Planning, Probate and experts, federal civil procedure, federal courts, Trust Counsel (The New Kansas Uniform Principal & Federal Rules of Civil Procedure, impeachment, Income Act) interrogatories, nondisclosure, Rules of Civil June/July 2002 ...... 71:6:51 Procedure, Federal Rules 34 and 35, K.S.A. Newbery, C. David and Sullivan, D. Thad 60–236(1975 Supp.), and sanctions Other topics: Administration of estates, decedents’ estates, estate and gift tax, estate planning, estate tax, The Paper Trail Has Gone Digital: Discovery in the Age of estates, executors and administrators, fiduciaries, Electronic Information income, income tax, inheritance and estate planning, March 2002 ...... 71:3:16 inheritance and estate taxation, investments, pen- Thompson, Todd N. sions, remainders and remaindermen, retirement and Other topics: Computers, data processing, discovery, pensions, Revised Uniform Principal and Income evidence, practice and procedure, privacy, privilege, Act, tax, taxation, taxes, testators, trusts, trust and privileged information, privileged records, records, trustees, uniform laws, and uniform legislation Rules of Civil Procedure-Federal Rules 34 and K.S.A. 60-234(1975 Supp.) and K.S.A. 60-236(1975 Estate Tax Apportionment in Kansas – Out With the Old, Supp.), and spoliation of evidence In With the New Oct. 2001 ...... 70:9:16 Professions and Occupations Cotorceanu, Peter A. A Species Unto Themselves: Professional Disciplinary Other topics: Administration of estates, apportionment, Action estates, estate planning, estate tax, executors and June/July 2002 ...... 71:6:29 administrators, inheritance and estate planning, Feighny, Mary and Nohe, Camille inheritance and estate taxation, inter vivos trusts, Other topics: Administrative agencies, administrative Internal Revenue Code, tax, taxation, trusts decisions, administrative law, Kansas Administrative Procedure Act, Kansas Judicial Review and Civil The Kansas Estate Tax Problem Enforcement Agency Action Act, and state agencies Nov./Dec. 2005 ...... 74:10:36 Dickinson, Martin Other topics: Estate and gift tax, estate planning, estate tax, and taxation

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 49

Professional Ethics Commission, securities regulations, stock, stockholders, How Does Immigration Law Today Affect Your Domestic and stockholders rights Law Practice May 2003 ...... 72:5:16 How Does Immigration Law Today Affect Your Domestic Harvey, Kathleen Anne Law Practice Other topics: Adoption, aliens, child custody, citizens, May 2003 ...... 72:5:16 citizenship, crime victims, divorce, divorce/domestic Harvey, Kathleen Anne relations, ethics – professional, family law, govern- Other topics: Adoption, aliens, child custody, citizens, ment agencies, husband and wife, immigration, kid- citizenship, crime victims, divorce, divorce/domestic napping, marriage, separation, and treaties relations, ethics – professional, family law, government agencies, husband and wife, immigration, kid- The “Good lawyer” & Rule 2.1 napping, marriage, professional ethics, separation, June/July 2000 ...... 69:6:38 and treaties Hoeflich, M. H. Other topics: Attorney and client, ethics, and profes- The Lawyers’ Creed of Professionalism – Some sional practice Observations From the Field Feb. 2000 ...... 69:2:24 A Second Chance for Kansas Attorneys: Supervision as an Badgerow, J. Nick Alternative to Suspension or Disbarment Other topics: Attorney and client, attorneys, clients, Nov./Dec. 2001 ...... 70:10:20 client and ethics, ethics, professional ethics, profes- Logan, William F. and Kruske, Jeffrey S. sional practice, professional relations, professions and Other topics: Attorney and client, attorney fees, counselor occupations, and public relations and adviser, ethics, ethics – professional, lawyers, legal ethics, legal placement, professional practice, and rein- Legal Malpractice in Kansas: Principles and Examples statement of disbarred or suspended attorney Nov./Dec. 2003 ...... 72:10:16 Vines, Monte On the Proper State of things: Multijurisdictional Practice Other topics: Attorney and clients, attorneys, counselor for the Kansas Practitioner and advisor, law practice, legal profession, malicious Feb. 2005 ...... 74:2:20 prosecution, malpractice – legal, torts, and tort liability Hinderks, Mark D. Other topics: Attorney and client, bar admission, ethics- Professional Practice professional and unauthorized practice of law The “Good lawyer” & Rule 2.1 June/July 2000 ...... 69:6:38 Representing the Criminal Defendant Who Intends to Hoeflich, M. H. Commit Perjury at Trial: Caught Between a Rock v. Other topics: Attorney and client, ethics, and profes- Arkansas and a Hard Place sional ethics Oct. 2002 ...... 71:9:18 Kittle, Rick The Lawyer’s Creed of Professionalism – Some Other topics: Attorney and client, constitutional law, Observations From the Field crimes, criminal law, criminal procedure, ethics – Feb. 2000 ...... 69:2:24 professional, right to counsel, Sixth Amendment, Badgerow, Nick J. and testimony Other topics: Attorney and client, attorneys, clients, client and ethics, ethics, professional ethics, profes- The lawyers’ Creed of Professionalism – Some sional liability, professional relations, professions and Observations From the Field occupations, and public relations Feb. 2000 ...... 69:2:24 Badgerow, J. Nick A Second Chance for Kansas Attorneys: Supervision as an Other topics: Attorney and client, attorneys, clients, client Alternative to Suspension or Disbarment and ethics, ethics, professional liability, professional Nov./Dec. 2001 ...... 70:10:20 practice, professional relations, professions and occupa- Logan, William F. and Kruske, Jeffrey S. tions, and public relations Other topics: Attorney and client, attorney fees, Professional Liability counselor and adviser, ethics, ethics – professional, lawyers, legal ethics, legal placement, Corporate Corruption and Wall Street Finagling: How Will it Play in Kansas After SLUSA professional practice, and reinstatement of dis- Sept. 2003 ...... 72:8:14 barred or suspended attorney Ramirez, Steven and Kruske, Jeffrey S. Other topics: Alternative dispute resolution, arbitration, arbitration and award, class actions, Consumer Protection Act, consumer rights, financial advisors, investments, Kansas Consumer Protection Act, legislation, legislative history, mediation, securities, Securities and Exchange

50 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Professional Relations Title and Related Considerations in Conveying Kansas The Lawyer’s Creed of Professionalism – Some Water Rights Observations From the Field Nov. 1997 ...... 66:9:38 Feb. 2000 ...... 69:2:24 John C. Peck Badgerow, Nick J. Other topics: Abstracts and titles, bankruptcy, deeds and Other topics: Attorney and client, attorneys, clients, conveyances, divorce, easements, foreclosure, judge- client and ethics, ethics, professional ethics, profes- ment and liens, judgements, mortgages, titles, title sional liability, professional practice, professions and insurance, titles and land, titles to property, Uniform occupations, and public relations Commercial Code, water districts, water rights, Water Transfer Act, and water and watercourses Professions and Occupations The Lawyers’ Creed of Professionalism – Some Property Law Observations From the Field A Guide to Federal and Kansas Forfeiture: Beginner’s Feb. 2000 ...... 69:2:24 Guide to Federal Forfeiture Badgerow, J. Nick March 2001 ...... 70:3:18 Other topics: Attorney and client, attorneys, clients, Gurney, Annette Badwey client and ethics, ethics, professional ethics, profes- When Good Property Goes Bad: A Primer on Kansas sional liability, professional practice, professional Asset Forfeiture Law and Procedure relations, and public relations March 2001 ...... 70:3:24 Wood, Colin D. Property Other topics: Assets, automobiles, burden of proof, civil A Guide to Federal and Kansas Forfeiture: Beginner’s claims, civil procedure, claims, crimes and punishment, Guide to Federal Forfeiture criminal code, criminal justice, criminal procedure, March 2001 ...... 70:3:18 drugs, due process, federal government, fines and penal- Gurney, Annette Badwey ties, homesteads, Kansas Code of Civil Procedure When Good Property Goes Bad: A Primer on Kansas (pleadings), law enforcement, motor vehicles, personal Asset Forfeiture Law and Procedure property, practice and procedure, private property, March 2001 ...... 70:3:24 property, real estate, real estate law, real property, set- Wood, Colin D. tlements, titles to property, and warrantless search Other topics: Assets, automobiles, burden of proof, civil claims, claims, crime and punishment, criminal Assessing the Quality of a Water Right code, criminal justice, criminal procedure, drugs, due May 2001 ...... 70:5:26 process, federal government, fines and penalties, Peck, John C. homesteads, Kansas Code of Civil Procedure (plead- Other topics: Administrative law, agency, property, property ings), law enforcement, personal property, practice law, real estate law, real property, and water rights and procedure, private property, property, property law, real estate, real estate law, real property, settle- Conflict of Laws in Kansas: A Guide to Navigating the ments, titles to property, and warrantless search Dismal Swamp Sept. 2002 ...... 71:8:21 Assessing the Quality of a Water Right Bezek, Terri Savely May 2001 ...... 70:5:26 Other topics: Conflict of laws, contracts, and torts Peck, John C. Other topics: Administrative law, agency, real estate law, Tell it to the Judge: Appealing a Zoning Decision real property, and water rights Sept. 1998 ...... 67:7:33 Badeker, Roger Some Issues Concerning the Property of Married Persons Other topics: Appeal and error and zones and zoning in Kansas Sept. 1999 ...... 68:8:18 Prosecution Peck, John C. Prosecutorial Misconduct During trial: Lessons Learned Other topics: Agency, agreements, contracts, divorce, from State v. Pabst and Other Recent Cases family law, homestead, marriage, marital law, per- March 2003 ...... 72:3:34 sonal property, real estate, real estate law, and real Breer, Kevin J. property Other topics: Ethics

The Economic Loss Rule in Kansas and its Impact on Public Employees Construction Cases Protecting the Protectors: The Public Duty Doctrine June 2005 ...... 74:6:30 Oct. 1998 ...... 67:8:22 Breer, Kevin J. and Pulikkan, Justin D. Kresin, David C. Other topics: Breach of warranty, construction law, Other topics: Government agencies, government immu- contracts, damages, fraud, implied warranty, machin- nity, and Kansas tort claims ery and equipment, personal injuries, property, real estate law, and tort liability

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 51

Kansas Sunshine Law, How Bright Does It Shine Now? Public Relations Part I KORA) The Lawyer’s Creed of Professionalism – Some May 2003 ...... 72:5:28 Observations From the Field Nuckolls, Theresa Marcel Feb. 2000 ...... 69:2:24 Other topics: Administrative law, attorney client, boards Badgerow, Nick J. and commissions, cities, city attorneys, confidential or Other topics: Attorney and client, attorneys, clients, privileged information, discovery, Freedom of client and ethics, ethics, professional ethics, profes- Information Act, government agencies, laws, local gov- sional liability, professional practice, professional ernment and municipalities, municipal corporations, relations, and professions and occupations municipal law, municipalities, open meetings, open records, privacy, privileged information, privileged Public Welfare records, public officials, records, records and recordation, Responding to the Lament of Invisible Children: school districts, state agencies, and statutes Achieving Meaningful Permanency for Foster children June/July 2003 ...... 72:6:46 Kansas Sunshine Law, How Bright Does It Shine Now? Lee, Jae M. and Young, Thomas Wade (Part II - KOMA) Other topics: Adoption, child abuse, child custody, chil- June/July 2003 ...... 72:6:34 dren and minors, disabilities, education, ethics – pro- Nuckolls, Theresa Marcel fessional, family law, federal acts, government agen- Other topics: Administrative law, attorney client, boards cies, guardian and ward, infants, juvenile courts, juve- and commissions, cities, city attorneys, confidential nile law, juvenile/domestic relations, minors, parent or privileged information, discovery, Freedom of and child, social welfare, state agencies, and wards Information Act, government agencies, laws, local government and municipalities, municipal corporations, municipal law, municipalities, open meetings, open records, privacy, privileged information, privi- — R — leged records, public officials, records, records and recordation, school districts, state agencies, and Real Estate statutes A Guide to Federal and Kansas Forfeiture: Beginner’s Guide to Federal Forfeiture Public Officials March 2001 ...... 70:3:18 Kansas Sunshine Law, How Bright Does It Shine Now? Gurney, Annette Badwey (Part I KORA) When Good Property Goes Bad: A Primer on Kansas May 2003 ...... 72:5:28 Asset Forfeiture Law and Procedure Nuckolls, Theresa Marcel March 2001 ...... 70:3:24 Other topics: Administrative law, attorney client, boards Wood, Colin D. and commissions, cities, city attorneys, confidential Other topics: Assets, automobiles, burden of proof, civil or privileged information, discovery, Freedom of claims, civil procedure, claims, crimes and punish- Information Act, government agencies, laws, local ment, criminal code, criminal justice, criminal proce- government and municipalities, municipal corpora- dure, drugs, due process, federal government, fines tions, municipal law, municipalities, open meetings, and penalties, homesteads, Kansas Code of Civil open records, privacy, privileged information, privi- Procedure (pleadings), law enforcement, motor vehi- leged records,public employees, records, records and cles, personal property, practice and procedure, pri- recordation, school districts, state agencies, and vate property, property, property law, real estate, real statutes estate law, real property, settlements, titles to property, and warrantless search Kansas Sunshine Law, How Bright Does It Shine Now? (Part II - KOMA) Assessing the Quality of a Water Right June/July 2003 ...... 72:6:34 May 2001 ...... 70:5:26 Nuckolls, Theresa Marcel Peck, John C. Other topics: Administrative law, attorney client, boards Other topics: Administrative law, agency, property, and commissions, cities, city attorneys, confidential property law, real estate, real estate law, real property, or privileged information, discovery, Freedom of and water rights Information Act, government agencies, laws, local government and municipalities, municipal corpora- Brokerage Relationships in Real Estate Transaction Act tions, municipal law, municipalities, open meetings, May 1999 ...... 68:5:36 open records, privacy, privileged information, privi- Jarboe, Vernon L. leged records, public employees, public records, Other topics: Real estate brokers and salespersons and records and recordation, school districts, state agen- real estate law cies, and statutes

52 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Some Issues Concerning the Property of Married Persons Testing the Waters in Kansas Mechanic’s Liens in Kansas May 2005 ...... 74:5:16 Sept. 1999 ...... 68:8:18 Kraft, Eric G. Peck, John C. Other topics: Judgment and liens, liens, liens and Other topics: Agency, agreements, contracts, divorce, fam- encumbrances, liens and judgments, mechanic’s lien, ily law, homestead, marriage, marital law, personal real estate, real property property, property, real estate law, and real property The Economic Loss Rule in Kansas and its Impact on Testing the Waters in Kansas Mechanic’s Liens Construction Cases May 2005 ...... 74:5:16 June 2005 ...... 74:6:30 Kraft, Eric G. Breer, Kevin J. and Pulikkan, Justin D. Other topics: Judgment and liens, liens, liens and Other topics: Breach of warranty, construction law, encumbrances, liens and judgments, mechanic’s lien, contracts, damages, fraud, implied warranty, machin- real estate law, real property ery and equipment, personal injuries, property, and tort liability Real Estate Brokers and Salespersons Brokerage Relationships in Real Estate Transaction Act Real Property May 1999 ...... 68:5:36 A Guide to Federal and Kansas Forfeiture: Beginner’s Jarboe, Vernon L. Guide to Federal Forfeiture Other topics: Real estate and real estate law March 2001 ...... 70:3:18 Gurney, Annette Badwey Real Estate Law When Good Property Goes Bad: A Primer on Kansas A Guide to Federal and Kansas Forfeiture: Beginner’s Asset Forfeiture Law and Procedure Guide to Federal Forfeiture March 2001 ...... 70:3:24 March 2001 ...... 70:3:18 Wood, Colin D. Gurney, Annette Badwey Other topics: Assets, automobiles, burden of proof, civil When Good Property Goes Bad: A Primer on Kansas claims, civil procedure, claims, crime and punish- Asset Forfeiture Law and Procedure ment, criminal code, criminal justice, criminal proce- March 2001 ...... 70:3:24 dure, drugs, due process, federal government, fines Wood, Colin D. and penalties, homesteads, Kansas Code of Civil Other topics: Assets, automobiles, burden of proof, civil Procedure (pleadings), law enforcement, motor vehi- claims, civil procedure, claims, crime and punish- cles, personal property, practice and procedure, pri- ment, criminal code, criminal justice, criminal proce- vate property, property, property law, real estate, real dure, drugs, due process, federal government, fines estate law, settlements, titles to property, and war- and penalties, homesteads, Kansas Code of Civil rantless search Procedure (Pleadings), law enforcement, motor vehicles, personal property, practice and procedure, pri- Assessing the Quality of a Water Right vate property, property, property law, real estate, real May 2001 ...... 70:5:26 estate law, real property, settlements, titles to prop- Peck, John C. erty, and warrantless search Other topics: Administrative law, agency, property, property law, real estate, real estate law, and water Assessing the Quality of a Water Right rights May 2001 ...... 70:5:26 Peck, John C. Some Issues Concerning the Property of Married Persons Other topics: Administrative law, agency, property, in Kansas property law, real estate, real property, and water Sept. 1999 ...... 68:8:18 rights Peck, John C. Other topics: Agency, agreements, contracts, divorce, Brokerage Relationships in Real Estate Transaction Act family law, homestead, marriage, marital law, personal May 1999 ...... 68:5:36 property, property, real estate, and real estate law Jarboe, Vernon L. Other topics: Real estate, real estate, and brokers and Testing the Waters in Kansas Mechanic’s Liens salespersons May 2005 ...... 74:5:16 Kraft, Eric G. Some Issues Concerning the Property of Married Persons Other topics: Judgment and liens, liens, liens and in Kansas encumbrances, liens and judgments, mechanic’s lien, Sept. 1999 ...... 68:8:18 real estate, and real estate law Peck, John C. Other topics: Agency, agreements, contracts, divorce, family law, homestead, marriage, marital law, personal property, property, real estate, and real property

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 53

Recall The Paper Trail Has Gone Digital: Discovery in the Age of Recall of Local Elected Officials in Kansas Electronic Information Sept. 2001 ...... 70:8:18 March 2002 ...... 71:3:16 Smith, Rich and Nuckolls, Theresa Thompson, Todd N. Other topics: Elections and politics Other topics: Computers, data processing, discovery, evidence, practice and procedure, privacy, privilege, Records privileged information, production of books and Kansas Sunshine Law, How Bright Does It Shine Now? papers, records, Rules of Civil Procedure-Federal (Part I KORA) Rule 34 and K.S.A. 60-234(1975 Supp.) and K.S.A. May 2003 ...... 72:5:28 60-236(1975 Supp.), and spoliation of evidence Nuckolls, Theresa Marcel Reinstatement of Disbarred or Suspended Other topics: Administrative law, attorney client, boards and commissions, cities, city attorneys, confidential or Attorneys privileged information, discovery, Freedom of A Second Chance for Kansas Attorneys: Supervision as an Information Act, government agencies, laws, local gov- Alternative to Suspension or Disbarment ernment and municipalities, municipal corporations, Nov./Dec. 2001 ...... 70:10:20 municipal law, municipalities, open meetings, open By Logan, William F. and Kruske, Jeffrey S. records, privacy, privileged information, privileged Other topics: Attorney and client, attorney fees, coun- records, public employees, public officials, records and selor and adviser, ethics, ethics – professional, recordation, school districts, state agencies, and statutes lawyers, legal ethics, legal placement, professional ethics, and professional practice Kansas Sunshine Law, How Bright Does It Shine Now? (Part II - KOMA) Remainders and Remaindermen June/July 2003 ...... 72:6:34 An Accounting Primer for Estate Planning, Probate and Nuckolls, Theresa Marcel Trust Counsel (The New Kansas Uniform Principal & Other topics: Administrative law, attorney client, boards Income Act) and commissions, cities, city attorneys, confidential or June/July 2002 ...... 71:6:51 privileged information, discovery, Freedom of Newbery, C. David and Sullivan, D. Thad Information Act, government agencies, laws, local gov- Other topics: Administration of estates, decedents’ ernment and municipalities, municipal corporations, estates, estate and gift tax, estate planning, estate tax, municipal law, municipalities, open meetings, open estates, executors and administrators, fiduciaries, records, privacy, privileged information, privileged income, income tax, inheritance and estate planning, records, public employees, public officials, records and inheritance and estate taxation, investments, pen- recordation, school districts, state agencies, and statutes sions, probate, retirement and pensions, Revised Uniform Principal and Income Act, tax, taxation, Records and Recordation taxes, testators, trusts, trust and trustees, uniform Kansas Sunshine Law, How Bright Does It Shine Now? laws, and uniform legislation (Part I KORA) May 2003 ...... 72:5:28 Retirement Nuckolls, Theresa Marcel An Accounting Primer for Estate Planning, Probate and Other topics: Administrative law, attorney client, boards Trust Counsel (The New Kansas Uniform Principal & and commissions, cities, city attorneys, confidential Income Act) or privileged information, discovery, Freedom of June/July 2002 ...... 71:6:51 Information Act, government agencies, laws, local Newbery, C. David and Sullivan, D. Thad government and municipalities, municipal corpora- Other topics: Administration of estates, decedents’ tions, municipal law, municipalities, open meetings, estates, estate and gift tax, estate planning, estate tax, open records, privacy, privileged information, privi- estates, executors and administrators, fiduciaries, leged records, public employees, public officials, income, income tax, inheritance and estate planning, records, school districts, state agencies, and statutes inheritance and estate taxation, investments, pensions, probate, remainders and remaindermen, retire- Kansas Sunshine Law, How Bright Does It Shine Now? ment and pensions, Revised Uniform Principal and (Part II - KOMA) Income Act, tax, taxation, taxes, testators, trusts, trust June/July 2003 ...... 72:6:34 and trustees, uniform laws, and uniform legislation Nuckolls, Theresa Marcel Other topics: Administrative law, attorney client, boards and Retirement and Pensions commissions, cities, city attorneys, confidential or privi- An Accounting Primer for Estate Planning, Probate and leged information, discovery, Freedom of Information Act, Trust Counsel (The New Kansas Uniform Principal & government agencies, laws, local government and munici- Income Act) palities, municipal corporations, municipal law, municipali- June/July 2002 ...... 71:6:51 ties, open meetings, open records, privacy, privileged infor- Newbery, C. David and Sullivan, D. Thad mation, privileged records, public employees, public offi- Other topics: Administration of estates, decedents’ cials, records, school districts, state agencies, and statutes estates, estate and gift tax, estate planning, estate tax,

54 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

estates, executors and administrators, fiduciaries, Right to Privacy income, income tax, inheritance and estate planning, Caught Up in the Expanding Net: Regulation of the inheritance and estate taxation, investments, pen- Business Associate Under HIPAA Privacy Regulations sions, probate, remainders and remaindermen, April 2003 ...... 72:4:32 Revised Uniform Principal and Income Act, tax, tax- Matthews, William P. ation, taxes, testators, trusts, trust and trustees, uni- Other topics: Covered entities, business associates, form laws, and uniform legislation employee health plans, health care, health care clearinghouses, health care insurers, health care providers, Revised Uniform Principal and Income Act Health Insurance Portability and Accountability Act An Accounting Primer for Estate Planning, Probate and of 1996 (HIPAA), and privacy, Trust Counsel (The New Kansas Uniform Principal & Income Act) Evidence for the Family Lawyer: Intrafamily Wiretapping, June/July 2002 ...... 71:6:51 the Fifth Amendment and Other Selected Topics Newbery, C. David and Sullivan, D. Thad March 1999 ...... 68:3:24 Other topics: Administration of estates, decedents’ Leben, Hon. Steve estates, estate and gift tax, estate planning, estates, state Other topics: Child custody, divorce, domestic rela- tax, executors and administrators, fiduciaries, income, tions, evidence, family law, Fifth Amendment, income tax, inheritance and estate planning, inheri- hearsay, private property, and wiretap tance and estate taxation, investments, pensions, probate, remainders and remaindermen, retirement and Rules of Civil Procedure pensions, tax, taxation, taxes, testators, trusts, trust and A Guide to Federal and Kansas Forfeiture: Beginner’s trustees, uniform laws, and uniform legislation Guide to Federal Forfeiture March 2001 ...... 70:3:18 Right to Counsel Gurney, Annette Badwey Representing the Criminal Defendant Who Intends to When Good Property Goes Bad: A Primer on Kansas Commit Perjury at Trial: Caught Between a Rock v. Asset Forfeiture Law and Procedure Arkansas and a Hard Place March 2001 ...... 70:3:24 Oct. 2002 ...... 71:9:18 Wood, Colin D. Kittle, Rick Other topics: Assets, automobiles, burden of proof, civil Other topics: Attorney and client, constitutional law, claims, civil procedure, claims, crimes and punish- crimes, criminal law, criminal procedure, ethics – ment, criminal code, criminal justice, criminal proce- professional, professional ethics, Sixth Amendment, dure, drugs, due process, federal government, fines and testimony and penalties, homesteads, Kansas Code of Civil Procedure (pleadings), law enforcement, motor vehi- Right to Jury Trial cles, personal property, practice and procedure, pri- Surviving Apprendi: A Procedural Ideal Meets the Real vate property, property, property law, real estate, real World of Determinate Sentencing estate law, real property, settlements, titles to prop- Jan. 2003 ...... 72:1:44 erty, and warrantless search Sittenauer, Teresa L. Other topics: Constitutional law, crimes and punish- An Overview of the 2000 Amendments to the Federal ment, criminal cases, criminal law, due process, 14th Rules of Civil Procedure Amendment, guilty plea-vacating, legislation, prior Feb. 2001 ...... 70:2:26 conviction, sentencing, Sixth Amendment, and Davis, Tamara L. statutes Other topics: Civil procedure, depositions, disclosure, discovery, evidence, expert testimony, expert witness, Research experts, federal civil procedure, federal courts, Internet Researcher: Selected United States Supreme Court Federal Rules of Civil Procedure, impeachment, Sources interrogatories, nondisclosure, Federal Rules 34 and April 2002 ...... 71:4:32 35, K.S.A. 60–236(1975 Supp.), and sanctions Christensen, John E. Other topics: Computers and United States Supreme The Kansas Residential Construction Defect Act: A Court Schematic Blueprint for Repairs March 2005 ...... 74:3:20 RICO Hoch, Wyatt A. A Tough Balancing Act for Employers: RICO-Enhanced Other topics: Arbitration, breach of warranty, contracts, Liability Versus Discrimination Issues With the implied warranties, and warranty Noncitizen Worker Nov./Dec. 2004 ...... 73:10:28 Harvey, Kathleen and Mdivani Mira Other topics: Employment, employer and employee, employer compliance, and immigration

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 55

Rules of Civil Procedure – Federal Rules 34 and Sales 35, K.S.A. 60–234 (1975 Supp.) and K.S.A. Electronic Commerce in Kansas Contract Formation and 60–236 (1975 Supp.) Formalities Under Article 2 An Overview of the 2000 Amendments to the Federal May 1999 ...... 68:5:22 Rules of Civil Procedure Drahozal, Christopher R. Feb. 2001 ...... 70:2:26 Other topics: Commercial code, commercial law, con- Davis, Tamara L. tracts, and Uniform Commercial Code Other topics: Civil procedure, depositions, disclosure, discovery, evidence, expert testimony, expert witness, Sailors experts, federal civil procedure, federal courts, Soldiers’ and Sailors’ Civil Relief Act Protection: An Federal Rules of Civil Procedure, impeachment, Update for the War Against Terrorism interrogatories, nondisclosure, Rules of Civil Feb. 2002...... 71:2:17 Procedure, and sanctions Pottorff, James P.Jr. Other topics: Soldiers, civil protection, and war The Paper Trail Has Gone Digital: Discovery in the Age of Electronic Information Sanctions March 2002 ...... 71:3:16 An Overview of the 2000 Amendments to the Federal Thompson, Todd N. Rules of Civil Procedure Other topics: Computers, data processing, discovery, Feb. 2001 ...... 70:2:26 evidence, practice and procedure, privacy, privacy, Davis, Tamara L. privileged records, Privilege, privileged information, Other topics: Civil procedure, depositions, disclosure, production of books and papers, records, and spolia- discovery, evidence, expert testimony, expert witness, tion of evidence experts, federal civil procedure, federal courts, Federal Rules of Civil Procedure, impeachment, Rules of Court interrogatories, nondisclosure, and Rules of Civil A Guide to Federal and Kansas Forfeiture: Beginner’s Procedure Guide to Federal Forfeiture March 2001 ...... 70:3:18 School Districts Gurney, Annette Badwey Governmental Immunity – Recent Developments When Good Property Goes Bad: A Primer on Kansas Concerning the 11th Amendment and the Kansas Tort Asset Forfeiture Law and Procedure Claims Act March 2001 ...... 70:3:24 Aug. 2001 ...... 70:7:24 Wood, Colin D. Breer, Kevin J. and Pulikkan, Justin D. Other topics: Assets, automobiles, burden of proof, civil Other topics: Affirmative defenses, constitutional his- claims, civil procedure, claims, crimes and punish- tory, constitutional law, Constitution of the United ment, criminal code, criminal justice, criminal proce- States, 11th Amendment, government immunity, dure, drugs, due process, federal government, fines government lawyers, Kansas tort claims, personal and penalties, homesteads, Kansas Code of Civil injuries, schools and school districts, state agencies, Procedure (pleadings), law enforcement, motor vehi- state of Kansas, state sovereignty, Tort Claims Act, cles, personal property, practice and procedure, pri- and tort liability vate property, property, property law, real estate, real estate law, settlements, titles to property, and war- Kansas Sunshine Law, How Bright Does It Shine Now? rantless search (Part I KORA) May 2003 ...... 72:5:28 Rules of Evidence Nuckolls, Theresa Marcel An Analysis of the Admissibility of Expert Opinion Other topics: Administrative law, attorney client, boards Testimony in Kansas State Courts after Kuhn v. Sandoz and commissions, cities, city attorneys, confidential Pharmaceuticals or privileged information, discovery, Freedom of Feb. 2002 ...... 71:2:28 Information Act, government agencies, laws, local Griffin, James D. government and municipalities, municipal corpora- Other topics: Evidence, expert testimony, experts, expert tions, municipal law, municipalities, open meetings, witness, testimony, trial, witness, and witnesses open records, privacy, privileged information, privileged records, public employees, public officials, records, records and recordation,state agencies, and — S — statutes Safe Families Act Adoptions and Safe Families Act: Reframe Jan. 2004 ...... 73:1:38 Sargent, Sarah Other topics: Adoption

56 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Kansas Sunshine Law, How Bright Does It Shine Now? A Guide to Federal and Kansas Forfeiture: Beginner’s (Part II - KOMA) Guide to Federal Forfeiture June/July 2003 ...... 72:6:34 March 2001 ...... 70:3:18 Nuckolls, Theresa Marcel Gurney, Annette Badwey Other topics: Administrative law, attorney client, boards When Good Property Goes Bad: A Primer on Kansas and commissions, cities, city attorneys, confidential or Asset Forfeiture Law and Procedure privileged information, discovery, Freedom of March 2001 ...... 70:3:24 Information Act, government agencies, laws, local gov- Wood, Colin D. ernment and municipalities, municipal corporations, Other topics:Assets, automobiles, burden of proof, civil municipal law, municipalities, open meetings, open claims, civil procedure, claims, crimes and punish- records, privacy, privileged information, privileged ment, criminal code, criminal justice, criminal proce- records, public employees, public officials, records, dure, drugs, due process, federal government, fines records and recordation, state agencies, and statutes and penalties, homesteads, Kansas Code of Civil Procedure (pleadings), law enforcement, motor vehi- Schools cles, personal property, practice and procedure, pri- Governmental Immunity – Recent Developments vate property, property, property law, real estate, real Concerning the 11th Amendment and the Kansas Tort estate law, settlements, titles to property, and war- Claims Act rantless search Aug. 2001 ...... 70:7:24 Breer, Kevin J. and Pulikkan, Justin D. Search Warrants Other topics: Affirmative defenses, constitutional his- The Wolf at the Door: Administrative Search Warrant tory, constitutional law, Constitution of the United Procedure in Kansas States, 11th Amendment, government immunity, Jan. 2001 ...... 70:1:34 government lawyers, Kansas tort claims, personal Tarbutton, Roger L. injuries, school districts, schools and school districts, Other topics: Fifth Amendment, inspections, municipal state agencies, state of Kansas, state sovereignty, Tort law, search and seizure, and warantless search Claims Act, and tort liability Secured Transactions Students, Discipline and Disabilities A Brief Overview of Revised Article 9 in Kansas June/July 1999 ...... 68:6:44 Sept. 2003 ...... 72:8:22 Hall, Carol and Paretsky, Jonathan Pearson, Hon. John K and Pohl, J. Scott Other topics: Children and minors, disabilities, educa- Other topics: Uniform acts, and Uniform Commercial tion, and educational records Code Schools and School Districts Securities Governmental Immunity – Recent Developments Caveat Plaintiff: Congress has Defederalized Private Concerning the 11th Amendment and the Kansas Tort Securities Litigation Claims Act Nov. 1998 ...... 67:9:16 Aug. 2001 ...... 70:7:24 Ramirez, Steven A. Breer, Kevin J. and Pulikkan, Justin D. Other topics: Litigation, pleadings, and securities regu- Other topics: Affirmative defenses, constitutional history, lations constitutional law, Constitution of the United States, 11th Amendment, government immunity, government Corporate Corruption and Wall Street Finagling: How lawyers, Kansas tort claims, personal injuries, schools, Will it Play in Kansas After SLUSA school districts, state agencies, state of Kansas, state sov- Sept. 2003 ...... 72:8:14 ereignty, Tort Claims Act, and tort liability Ramirez, Steven and Kruske, Jeffrey S. Other topics: Alternative dispute resolution, arbitration, Scope of Review arbitration and award, class actions, Consumer Writing to the Kansas Appellate Courts: a Lesson in Protection Act, consumer rights, financial advisors, Appellate Jurisdiction investments, Kansas Consumer Protection Act, legis- April 2000 ...... 69:4:32 lation, legislative history, mediation, professional lia- Fox, Autumn bility, Securities and Exchange Commission, securi- Other topics: Appeal and error, appellate courts, appel- ties regulations, stock, stockholders, and stockholders late practice, and appellate procedure rights Search and Seizure Securities Regulations The Wolf at the Door: Administrative Search Warrant Caveat Plaintiff: Congress has Defederalized Private Procedure in Kansas Securities Litigation Jan. 2001 ...... 70:1:34 Nov. 1998 ...... 67:9:16 Tarbutton, Roger L. Ramirez, Steven A. Other topics: Fifth Amendment, inspections, municipal Other topics: Litigation, pleadings, securities, and secu- law, search warrants, and warantless search rities regulations

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 57

Corporate Corruption and Wall Street Finagling: How Service Members Will it Play in Kansas After SLUSA The Servicemembers Civil Relief Act: A Modern Sept. 2003 ...... 72:8:14 Replacement for the SSCRA Ramirez, Steven and Kruske, Jeffrey S. Oct. 2005 ...... 74:9:20 Other topics: Alternative dispute resolution, arbitration, Pottorff, James P. Jr. arbitration and award, class actions, Consumer Other topics: Sailors and soldiers Protection Act, consumer rights, financial advisors, investments, Kansas Consumer Protection Act, legis- Service of Process lation, legislative history, mediation, professional lia- Walking the Legal Tightrope: Serving Timely Process bility, securities, Securities and Exchange When Filing State Claims in Federal Court Commission, stock, stockholders, and stockholders Oct. 2004 ...... 73:9:28 rights Corbin, Matt and Tortillot, Casey Other topics: Federal courts, Federal Rules of Civil Securities and Exchange Commission Procedure, jurisdiction, limitation of actions, and Corporate Corruption and Wall Street Finagling: How state courts Will it Play in Kansas After SLUSA Sept. 2003 ...... 72:8:14 Settlements Ramirez, Steven and Kruske, Jeffrey S. A Guide to Federal and Kansas Forfeiture: Beginner’s Other topics: Alternative dispute resolution, arbitration, Guide to Federal Forfeiture arbitration and award, class actions, Consumer March 2001 ...... 70:3:18 Protection Act, consumer rights, financial advisors, Gurney, Annette Badwey investments, Kansas Consumer Protection Act, legis- When Good Property Goes Bad: A Primer on Kansas lation, legislative history, mediation, professional lia- Asset Forfeiture Law and Procedure bility, securities, securities regulations, stock, stock- March 2001 ...... 70:3:24 holders, and stockholders rights Wood, Colin D. Other topics: Assets, automobiles, burden of proof, civil Sentencing claims, civil procedure, claims, crimes and punishment, Surviving Apprendi: A Procedural Ideal Meets the Real criminal code, criminal justice, criminal procedure, World of Determinate Sentencing drugs, due process, federal government, fines and Jan. 2003 ...... 72:1:44 penalties, homesteads, Kansas Code of Civil Procedure Sittenauer, Teresa L. (pleadings), law enforcement, motor vehicles, personal Other topics: Constitutional law, crimes and punish- property, practice and procedure, private property, ment, criminal cases, criminal law, due process, 14th property, property law, real estate, real estate law, real Amendment, guilty plea – vacating, legislation, prior property, titles to property, and warrantless search conviction, right to jury trial, Sixth Amendment, and statutes What’s Your Authority? And Other Issues In Oral Settlement Agreements Separation May 2000 ...... 69:5:26 How Does Immigration Law Today Affect Your Domestic Blegen, Daniel E. Law Practice Other topics: Accord and satisfaction, authority, consid- May 2003 ...... 72:5:16 eration, contracts, litigation, and statutes of frauds Harvey, Kathleen Anne Other topics: Adoption, aliens, child custody, citizens, Sixth Amendment citizenship, crime victims, divorce, divorce/domestic Representing the Criminal Defendant Who Intends to relations, ethics – professional, family law, govern- Commit Perjury at Trial: Caught Between a Rock v. ment agencies, husband and wife, immigration, kid- Arkansas and a Hard Place napping, marriage, professional ethics, professional Oct. 2002 ...... 71:9:18 liability, and treaties Kittle, Rick Other topics: Attorney and client, constitutional law, Separation of Powers crimes, criminal law, criminal procedure, ethics – Using Legislative History as a Tool of Statutory professional, professional ethics, right to counsel, and Construction in Kansas testimony May 2002 ...... 71:5:35 Levy, Richard E. and Mead, Robert Surviving Apprendi: A Procedural Ideal Meets the Real Other topics: Judicial decision-making, jurisprudence, World of Determinate Sentencing legislation, legislative history, legislative power, and Jan. 2003 ...... 72:1:44 legislature Sittenauer, Teresa L. Other topics: Constitutional law, crimes and punishment, criminal cases, criminal law, due process, 14th Amendment, guilty plea – vacating, legislation, prior conviction, right to jury trial, sentencing, and statutes

58 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Social Welfare Kansas Sunshine Law, How Bright Does It Shine Now? Responding to the Lament of Invisible Children: (Part I KORA) Achieving Meaningful Permanency for Foster children May 2003 ...... 72:5:28 June/July 2003 ...... 72:6:46 Nuckolls, Theresa Marcel Lee, Jae M. and Young, Thomas Wade Other topics: Administrative law, attorney client, boards Other topics: Adoption, child abuse, child custody, and commissions, cities, city attorneys, confidential children and minors, disabilities, education, ethics – or privileged information, discovery, Freedom of professional, family law, federal acts, government Information Act, government agencies, laws, local agencies, guardian and ward, infants, juvenile courts, government and municipalities, municipal corpora- juvenile law, juvenile/domestic relations, minors, par- tions, municipal law, municipalities, open meetings, ent and child, public welfare, state agencies, and open records, privacy, privileged information, privi- wards leged records, public employees, public officials, records, records and recordation, school districts, and Solicitation statutes Legal Service and Advertising in Cyberspace May 2001 ...... 70:5:20 Kansas Sunshine Law, How Bright Does It Shine Now? Hoeflich, Michael H. and Farmer, Karen Beth (Part II - KOMA) Other topics: Ethics –professional and solicitation June/July 2003 ...... 72:6:34 Nuckolls, Theresa Marcel Soldiers Other topics: Administrative law, attorney client, boards Soldiers’ and Sailors’ Civil Relief Act Protection: An and commissions, cities, city attorneys, confidential Update for the War Against Terrorism or privileged information, discovery, Freedom of Feb. 2002 ...... 71:2:17 Information Act, government agencies, laws, local Pottorff, James P. Jr. government and municipalities, municipal corpora- Other topics: Sailors, civil protection, and war tions, municipal law, municipalities, open meetings, Spoliation of Evidence open records, privacy, privileged information, privileged records, public employees, public officials, The Paper Trail Has Gone Digital: Discovery in the Age of records, records and recordation, school districts, and Electronic Information statutes March 2002 ...... 71:3:16 Thompson, Todd N. Responding to the Lament of Invisible Children: Other topics: Computers, data processing, discovery, Achieving Meaningful Permanency for Foster children evidence, practice and procedure, privacy, privileged June/July 2003 ...... 72:6:46 records, privilege, privileged information, production Lee, Jae M. and Young, Thomas Wade of books and papers, records, and Rules of Civil Other topics: Adoption, child abuse, child custody, Procedure-Federal Rules 34 and K.S.A. 60-234(1975 children and minors, disabilities, education, ethics – Supp.) and K.S.A. 60-236(1975 Supp.), professional, family law, federal acts, government agencies, guardian and ward, infants, juvenile courts, State Agencies juvenile law, juvenile/domestic relations, minors, par- A Species Unto Themselves: Professional Disciplinary ent and child, public welfare, social welfare, and Action wards June/July 2002 ...... 71:6:29 Feighny, Mary and Nohe, Camille See Dick and Jane Work: A Kansas Wage Payment Act Other topics: Administrative agencies, administrative Primer decisions, administrative law, Kansas Administrative Oct. 2003 ...... 72:9:14 Procedure Act, Kansas Judicial Review and Civil Byers, Boyd A. and Rumfelt, Carolyn L. Enforcement of Agency Action Act, and professions Other topics: Administrative law, agreements, attorney and occupations fees, civil claims, employer and employee, employment, Fair Labor Standards Act, independent con- Governmental Immunity – Recent Developments tractors, Kansas Administrative Procedure Act, Concerning the 11th Amendment and the Kansas Tort Kansas Judicial Review and Civil Enforcement of Claims Act Agency Action Act, Kansas Wage Payment Act, Aug. 2001 ...... 70:7:24 labor, labor and employment, master and servant, Breer, Kevin J. and Pulikkan, Justin D. minimum wage and maximum hour law, statutes, Other topics: Affirmative defenses, constitutional his- and wages tory, constitutional law, Constitution of the United States, 11th Amendment, government lawyers, government immunity, immunity, Kansas Constitution, Kansas tort claims, personal injuries, school districts, schools and school districts, state of Kansas, state sovereignty, Tort Claims Act, and tort liability

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 59

State Courts Kansas Sunshine Law, How Bright Does It Shine Now? Walking the Legal Tightrope: Serving Timely Process (Part II - KOMA) When Filing State Claims in Federal Court June/July 2003 ...... 72:6:34 Oct. 2004 ...... 73:9:28 Nuckolls, Theresa Marcel Corbin, Matt and Tortillot, Casey Other topics: Administrative law, attorney client, boards Other topics: Federal courts, Federal Rules of Civil and commissions, cities, city attorneys, confidential Procedure, jurisdiction, limitation of actions, and or privileged information, discovery, Freedom of service of process Information Act, government agencies, laws, local government and municipalities, municipal corpora- Writing to the Kansas Appellate Courts: A Lesson in tions, municipal law, municipalities, open meetings, Appellate Jurisdiction open records, privacy, privileged information, privi- April 2000 ...... 69:4:32 leged records, public employees, public officials, Fox, Autumn records, records and recordation, school districts, and Other topics: Appeals, appeal and error, appeals, appel- state agencies late practice, appellate procedure, professional ethics, and scope of review See Dick and Jane Work: A Kansas Wage Payment Act Primer State of Kansas Oct. 2003 ...... 72:9:14 Governmental Immunity – Recent Developments Byers, Boyd A. and Rumfelt, Carolyn L. Concerning the 11th Amendment and the Kansas Tort Other topics: Administrative law, agreements, attorney Claims Act fees, civil claims, employer and employee, employ- Aug. 2001 ...... 70:7:24 ment, Fair Labor Standards Act, independent con- Breer, Kevin J. and Pulikkan, Justin D. tractors, Kansas Administrative Procedure Act, Other topics: Affirmative defenses, constitutional history, Kansas Judicial Review and Civil Enforcement of constitutional law, Constitution of the United Sates, Agency Action Act, Kansas Wage Payment Act, 11th Amendment, government lawyers, government labor, labor and employment, master and servant, immunity, immunity, Kansas Constitution, Kansas tort minimum wage and maximum hour law, state agen- claims, personal injuries, school districts, schools and cies, and wages school districts, state agencies, state sovereignty, Tort Claims Act, and tort liability Surviving Apprendi: A Procedural Ideal Meets the Real World of Determinate Sentencing State Sovereignty Jan. 2003 ...... 72:1:44 Governmental Immunity – Recent Developments Sittenauer, Teresa L. Concerning the 11th Amendment and the Kansas Tort Other topics: Constitutional law, crimes and punish- Claims Act ment, criminal cases, criminal law, due process, 14th Aug. 2001 ...... 70:7:24 Amendment, guilty plea – vacating, legislation, prior Breer, Kevin J. and Pulikkan, Justin D. conviction, right to jury trial, sentencing, and Sixth Other topics: Affirmative defenses, constitutional his- Amendment, tory, constitutional law, Constitution of the United states, 11th Amendment, government lawyers, gov- Statutes of Fraud ernment immunity, immunity, Kansas Constitution, What’s Your Authority? And Other Issues In Oral Kansas tort claims, personal injuries, school districts, Settlement Agreements schools and school districts, state agencies, state of May 2000 ...... 69:5:26 Kansas, Tort Claims Act, and tort liability Blegen, Daniel E. Other topics: Accord and satisfaction, authority, consid- Statutes eration, contracts, litigation, and settlements Kansas Sunshine Law, How Bright Does It Shine Now? (Part I KORA) Stock May 2003 ...... 72:5:28 Corporate Corruption and Wall Street Finagling: How Nuckolls, Theresa Marcel Will it Play in Kansas After SLUSA Other topics: Administrative law, attorney client, boards Sept. 2003 ...... 72:8:14 and commissions, cities, city attorneys, confidential Ramirez, Steven and Kruske, Jeffrey S. or privileged information, discovery, Freedom of Other topics: Alternative dispute resolution, arbitration, Information Act, government agencies, laws, local arbitration and award, class actions, Consumer government and municipalities, municipal corpora- Protection Act, consumer rights, financial advisors, tions, municipal law, municipalities, open meetings, investments, Kansas Consumer Protection Act, legis- open records, privacy, privileged information, privi- lation, legislative history, mediation, professional lia- leged records, public employees, public officials, bility, securities, Securities and Exchange records, records and recordation, school districts, and Commission, securities regulations, stockholders, state agencies and stockholders rights

60 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Stock Redemption The New Corporate Landscape: 2004 Kansas General — T— Corporation Code Revisions July/Aug. 2004 ...... 73:7:30 Tax Quick, William An Accounting Primer for Estate Planning, Probate and Other topics: Articles of incorporation, corporate law, Trust Counsel (The New Kansas Uniform Principal & corporate reorganization, corporate taxation, corpo- Income Act) ration code, corporations, stockholder rights, and June/July 2002 ...... 71:6:51 stockholders Newbery, C. David and Sullivan, D. Thad Other topics: Administration of estates, decedents’ Stockholders Rights estates, estate and gift tax, estate planning, estate tax, Corporate Corruption and Wall Street Finagling: How estates, executors and administrators, fiduciaries, Will it Play in Kansas After SLUSA income, income tax, inheritance and estate planning, Sept. 2003 ...... 72:8:14 inheritance and estate taxation, investments, pen- Ramirez, Steven and Kruske, Jeffrey S. sions, probate, remainders and remaindermen, retire- Other topics: Alternative dispute resolution, arbitration, ment and pensions, Revised Uniform Principal and arbitration and award, class actions, Consumer Income Act, taxation, taxes, testators, trusts, trust Protection Act, consumer rights, financial advisors, and trustees, uniform laws, and uniform legislation investments, Kansas Consumer Protection Act, legislation, legislative history, mediation, professional lia- Estate Tax Apportionment in Kansas – Out With the Old, bility, securities, Securities and Exchange In With the New Commission, securities regulations, stock, and stock- Oct. 2001 ...... 70:9:16 holders Cotorceanu, Peter A. Other topics: Administration of estates, apportionment, Stockholders estates, estate planning, estate tax, executors and Corporate Corruption and Wall Street Finagling: How administrators, inheritance and estate planning, Will it Play in Kansas After SLUSA inheritance and estate taxation, inter vivos trusts, Sept. 2003 ...... 72:8:14 Internal Revenue Code, probate, taxation, and trusts Ramirez, Steven and Kruske, Jeffrey S. Other topics: Alternative dispute resolution, arbitration, Deferred Like-Kind Exchanges Under Internal Revenue arbitration and award, class actions, Consumer Code Section 1031 Protection Act, consumer rights, financial advisors, Aug. 1999 ...... 68:7:32 investments, Kansas Consumer Protection Act, legis- Wietharn, Jeffrey A. lation, legislative history, mediation, professional lia- Other topics: Internal Revenue Code and taxation bility, securities, Securities and Exchange Commission, securities regulations, stock, and stock- Taxation holders rights An Accounting Primer for Estate Planning, Probate and Trust Counsel (The New Kansas Uniform Principal & Summary Judgement Income Act) A Practitioner’s Guide to Summary Judgement; Part I June/July 2002 ...... 71:6:51 Dec. 1998 ...... 67:10:36 Newbery, C. David and Sullivan, D. Thad Parnacott, Robert W. Other topics: Administration of estates, decedents’ Other topics: Administrative law, civil procedure, crimi- estates, estate and gift tax, estate planning, estates, nal procedure, judgments litigation, and motions estate tax, executors and administrators, fiduciaries, income, income tax, inheritance and estate planning, A Practitioner’s Guide to Summary Judgement: Part II inheritance and estate taxation, investments, pen- Jan. 1999 ...... 68:1:30 sions, probate, remainders and remaindermen, retire- Parnacott, Robert W. ment and pensions, Revised Uniform Principal and Other topics: Administrative law, civil procedure, crimi- Income Act, tax, taxes, testators, trusts, trust and nal procedure, judgments litigation, and motions trustees, uniform laws, and uniform legislation

Supreme Court Deferred Like–Kind Exchanges Under Internal Revenue Stroud’s Specific Code Section 1031 Jan. 2000 ...... 69:1:20 Aug. 1999 ...... 68:7:32 Nuss, Lawton M. Wietharn, Jeffrey A. Other topics: Appeal and error, biography, criminal law, Other topics: Internal Revenue Code and tax and historical

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 61

Estate Tax Apportionment in Kansas – Out With the Old, Title Insurance In With the New Title and Related Considerations in Conveying Kansas Oct. 2001 ...... 70:9:16 Water Rights Cotorceanu, Peter A. Nov. 1997 ...... 66:9:38 Other topics: Administration of estates, apportionment, Peck, John C. estates, estate planning, estate tax, executors and Other topics: Abstracts and titles, bankruptcy, deeds administrators, inheritance and estate planning, and conveyances, divorce, easements, foreclosure, inheritance and estate taxation, inter vivos trusts, judgement and liens, judgements, mortgages, prop- Internal Revenue Code, probate, tax, and trusts erty, titles, titles and land, titles to property, Uniform Commercial Code, water districts, water rights, The Kansas Estate Tax Problem Water Transfer Act, and water and watercourses Nov./Dec. 2005 ...... 74:10:36 Dickinson, Martin Titles to Land Other topics: Estate and gift tax, estate planning, estate Title and Related Considerations in Conveying Kansas tax, and probate Water Rights Nov. 1997 ...... 66:9:38 Testators Peck, John C. An Accounting Primer for Estate Planning, Probate and Other topics: Abstracts and titles, bankruptcy, deeds Trust Counsel (The New Kansas Uniform Principal & and conveyances, divorce, easements, foreclosure, Income Act) judgement and liens, judgements, mortgages, prop- June/July 2002 ...... 71:6:51 erty, titles, title insurance, titles and land, titles to Newbery, C. David and Sullivan, D. Thad property, Uniform Commercial Code, water districts, Other topics: Administration of estates, decedents’ water rights, Water Transfer Act, and water and estates, estate and gift tax, estate planning, estate tax, watercourses estates, executors and administrators, fiduciaries, income, income tax, inheritance and estate planning, Titles to Property inheritance and estate taxation, investments, pen- A Guide to Federal and Kansas Forfeiture: Beginner’s sions, probate, remainders and remaindermen, retire- Guide to Federal Forfeiture ment and pensions, Revised Uniform Principal and March 2001 ...... 70:3:18 Income Act, tax, taxation, taxes, testators, trusts, trust Gurney, Annette Badwey and trustees, uniform laws, and uniform legislation When Good Property Goes Bad: A Primer on Kansas Asset Forfeiture Law and Procedure Testimony March 2001 ...... 70:3:24 An Analysis of the Admissibility of Expert Opinion Wood, Colin D. Testimony in Kansas State Courts after Kuhn v. Sandoz Other topics: Assets, automobiles, burden of proof, civil Pharmaceuticals claims, civil procedure, claims, crimes and punish- Feb. 2002 ...... 71:2:28 ment, criminal code, criminal justice, criminal proce- Griffin, James D. dure, drugs, due process, federal government, fines Other topics: Evidence, expert testimony, experts, expert and penalties, homesteads, Kansas Code of Civil witness, rules of evidence, trial, witness, and witnesses Procedure (pleadings), law enforcement, motor vehicles, personal property, practice and procedure, pri- Representing the Criminal Defendant Who Intends to vate property, property, property law, real estate, real Commit Perjury at Trial: Caught Between a Rock v. estate law, settlements, titles to property, and Arkansas and a Hard Place warrantless search Oct. 2002 ...... 71:9:18 Kittle, Rick Title and Related Considerations in Conveying Kansas Other topics: Attorney and client, constitutional law, Water Rights crimes, criminal law, criminal procedure, ethics – Nov. 1997 ...... 66:9:38 professional, professional ethics, right to counsel, and Peck, John C. Sixth Amendment Other topics: Abstracts and titles, bankruptcy, deeds and conveyances, divorce, easements, foreclosure, judgement Titles and liens, judgements, mortgages, property, titles, title Title and Related Considerations in Conveying Kansas insurance, titles and land, titles to property, Uniform Water Rights Commercial Code, water districts, water rights, Water Nov. 1997 ...... 66:9:38 Transfer Act, and water and watercourses Peck, John C. Other topics: Abstracts and titles, bankruptcy, deeds Title VII and conveyances, divorce, foreclosure, judgement Title VII at 40: A Look Back and liens, judgements, mortgages, property, title Nov./Dec. 2004 ...... 73:10:18 insurance, titles and land, titles to property, Uniform Schroeder, Elinor P. Commercial Code, water districts, water rights, Other topics: Civil rights Water Transfer Act, and water and watercourses

62 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Torts The Economic Loss Rule in Kansas and its Impact on Conflict of Laws in Kansas: A Guide to Navigating the Construction Cases Dismal Swamp June 2005 ...... 74:6:30 Sept. 2002 ...... 71:8:21 Breer, Kevin J. and Pulikkan, Justin D. Bezek, Terri Savely Other topics: Breach of warranty, construction law, con- Other topics: Conflict of laws, contracts, and property tracts, damages, fraud, implied warranty, machinery and law equipment, personal injuries, property, and real estate law

Legal Malpractice in Kansas: Principles and Examples Trade Regulation Nov./Dec. 2003 ...... 72:10:16 International Trade Law at the Close of the Century: An Vines, Monte Update for Kansas Lawyers, Other topics: Attorney and clients, attorneys, counselor April 1999 ...... 6:4:26 and advisor, law practice, legal profession, malicious Head, John W. prosecution, malpractice – legal, professional liability, Other topics: International law and treaties and tort liability Trade Secrets Tort Claims Act Protecting Intellectual Property Rights in the Workplace Governmental Immunity – Recent Developments Sept. 1999 ...... 68:8:28 Concerning the 11th Amendment and the Kansas Tort Wadley, James B. and Brown, Jolynn M. Claims Act Other topics: Copyrights, intellectual property, inven- Aug. 2001 ...... 70:7:24 tions, and patent Breer, Kevin J. and Pulikkan, Justin D. Other topics: Affirmative defenses, constitutional his- Treaties tory, constitutional law, Constitution of the United How Does Immigration Law Today Affect Your Domestic States, 11th Amendment, government lawyers, gov- Law Practice ernment immunity, immunity, Kansas Constitution, May 2003 ...... 72:5:16 Kansas tort claims, personal injuries, school districts, Harvey, Kathleen Anne schools and school districts, state agencies, state of Other topics: Adoption, aliens, child custody, citizens, cit- Kansas, and state sovereignty izenship, crime victims, divorce, divorce/domestic relations, ethics – professional, family law, government Use it or Lose it – Giving Notice of Tort Claims to agencies, husband and wife, immigration, kidnapping, Municipalities Under K.S.A. 12-105b(d) marriage, professional ethics, and separation March 2005 ...... 74:3:24 Sittenauer, Tereasa L. International Trade Law at the Close of the Century: An Other topics: Municipalities and procedure Update for Kansas Lawyers, April 1999 ...... 6:4:26 Tort Liability Head, John W. Governmental Immunity – Recent Developments Other topics: International law and trade regulations Concerning the 11th Amendment and the Kansas Tort Claims Act International Miranda? Article 36 of the Vienna Aug. 2001 ...... 70:7:24 Convention on Consular Relations Breer, Kevin J. and Pulikkan, Justin D. June/July 2001 ...... 70:6:41 Other topics: Affirmative defenses, constitutional history, Woodman, Rebecca E. constitutional law, Constitution of the United States, Other topics: Criminal law, international law, and 11th Amendment, government lawyers, government Miranda immunity, immunity, Kansas Constitution, Kansas tort claims, personal injuries, school districts, schools and Trial school districts, state agencies, state of Kansas, state sov- An Analysis of the Admissibility of Expert Opinion ereignty, and Tort Claims Act Testimony in Kansas State Courts after Kuhn v. Sandoz Pharmaceuticals Legal Malpractice in Kansas: Principles and Examples Feb. 2002 ...... 70:2:28 Nov./Dec. 2003 ...... 72:10:16 Griffin, James D. Vines, Monte Other topics: Evidence, expert testimony, experts, expert Other topics: Attorney and clients, attorneys, counselor witness, rules of evidence, testimony, witness, and and advisor, law practice, legal profession, malicious witnesses prosecution, malpractice – legal, professional liability, and torts Trial Techniques Dangerous Crossing: The Line Between Proper and Improper Argument Feb. 2001 ...... 70:2:14 McQuin, Hon. R. Scott Other topics: Argument, closing argument, and new trial

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 63

Trusts An Accounting Primer for Estate Planning, Probate and — U — Trust Counsel (The New Kansas Uniform Principal & Income Act) Unauthorized Practice of Law June/July 2002 ...... 71:6:51 On the Proper State of things: Multijurisdictional Practice Newbery, C. David and Sullivan, D. Thad for the Kansas Practitioner Other topics: Administration of estates, decedents’ Feb. 2005 ...... 74:2:20 estates, estate and gift tax, estate planning, estate tax, Hinderks, Mark D. estates, executors and administrators, fiduciaries, Other topics: Attorney and client, bar admission, income, income tax, inheritance and estate planning, ethics-professional, and professional ethics inheritance and estate taxation, investments, pensions, probate, remainders and remaindermen, retire- Uniform Acts ment and pensions, Revised Uniform Principal and The Kansas Revised Uniform Partnership Act Income Act, tax, taxation, taxes, testators, trust and Oct. 1999 ...... 68:9:16 trustees, uniform laws, and uniform legislation Hecker, Jr. Edwin W Other topics: Business and commerce, fraudulent con- Estate Tax Apportionment in Kansas – Out With the Old, veyances, fraudulent transfers, partnerships, and uni- In With the New form laws Oct. 2001 ...... 70:9:16 Cotorceanu, Peter A. A Brief Overview of Revised Article 9 in Kansas Other topics: Administration of estates, apportionment, Sept. 2003 ...... 72:8:22 estates, estate planning, estate tax, executors and Pearson, Hon. John K and Pohl, J. Scott administrators, inheritance and estate planning, Other topics: Secured transactions and Uniform inheritance and estate taxation, Inter vivos trusts, Commercial Code Internal Revenue Code, probate, tax, and taxation Uniform Arbitration Act Navigating the New Kansas Uniform Trust Code: Familiar The Changing Face of Arbitration: What Once Was Old is and Unfamiliar Waters New Again Nov./Dec. 2002 ...... 71:10:34 Aug. 2003 ...... 72:7:36 Cheryl C. Boushka and Mark W. Knakendoffel Buchele, James P. and Rute, Larry R. Other topics: Trusts and trustees, uniform laws, and Other topics: Arbitration, class actions, contracts, Uniform Trust Code employer/employee, Federal Arbitration Act, and judicial review Trusts and Trustees An Accounting Primer for Estate Planning, Probate and Uniform Commercial Code Trust Counsel (The New Kansas Uniform Principal & A Brief Overview of Revised Article 9 in Kansas Income Act) Sept. 2003 ...... 72:8:22 June/July 2002 ...... 71:6:51 Pearson, Hon. John K and Pohl, J. Scott Newbery, C. David and Sullivan, D. Thad Other topics: Secured transactions and uniform acts Other topics: Administration of estates, decedents’ estates, estate and gift tax, estate planning, estate tax, Electronic Commerce in Kansas Contract Formation and estates, executors and administrators, fiduciaries, Formalities Under Article 2 income, income tax, inheritance and estate planning, May 1999 ...... 68:5:22 inheritance and estate taxation, investments, pen- Drahozal, Christopher R. sions, probate, remainders and remaindermen, retire- Other topics: Commercial code, commercial law, com- ment and pensions, Revised Uniform Principal and puters, and contracts Income Act, tax, taxation, taxes, testators, trusts, uniform laws, and uniform legislation Title and Related Considerations in Conveying Kansas Water Rights Navigating the New Kansas Uniform Trust Code: Familiar Nov. 1997 ...... 66:9:38 and Unfamiliar Waters Peck, John C. Nov./Dec. 2002 ...... 71:10:34 Other topics: Abstracts and titles, bankruptcy, deeds Cheryl C. Boushka and Mark W. Knakendoffel and conveyances, divorce, foreclosure, judgement Other topics: Trusts, trust laws, uniform laws, and and liens, judgements, mortgages, property, titles, Uniform Trust Code title insurance, titles and land, titles to property, water districts, water rights, Water Transfer Act, and water and watercourses

64 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Uniform Laws Wood, Colin D. An Accounting Primer for Estate Planning, Probate and Other topics: Assets, automobiles, burden of proof, civil Trust Counsel (The New Kansas Uniform Principal & claims, civil procedure, claims, crimes and punish- Income Act) ment, criminal code, criminal justice, criminal proce- June/July 2002 ...... 71:6:51 dure, drugs, due process, federal government, fines Newbery, C. David and Sullivan, D. Thad and penalties, homesteads, Kansas Code of Civil Other topics: Administration of estates, decedents’ Procedure (pleadings), law enforcement, motor vehi- estates, estate and gift tax, estate planning, estate tax, cles, personal property, practice and procedure, pri- estates, executors and administrators, fiduciaries, vate property, property, property law, real estate, real income, income tax, inheritance and estate planning, estate law, real property, settlements, and titles to inheritance and estate taxation, investments, pen- property sions, probate, remainders and remaindermen, retirement and pensions, Revised Uniform Principal and United States Supreme Court Income Act, tax, taxation, taxes, testators, trusts, Beyond Hendricks: The United States Supreme Court trust and trustees, and uniform legislation Decision in Kansas v. Crane and Other Issues Concerning Kansas’ Sexually Violent Predator Act Navigating the New Kansas Uniform Trust Code: Familiar April 2002 ...... 71:4:13 and Unfamiliar Waters Breer, Kevin J. Nov./Dec. 2002 ...... 71:10:34 Other topics: Criminal cases, criminal code, criminal Cheryl C. Boushka and Mark W. Knakendoffel law, crime and punishment, due process, mental ill- Other topics: Trusts, trust laws, trusts and trustees, and ness, and post conviction remedies, Uniform Trust Code Internet Researcher: Selected United States Supreme Court The Kansas Revised Uniform Partnership Act Sources Oct. 1999 ...... 68:9:16 April 2002 ...... 71:4:32 Hecker, Edwin W. Jr. Christensen, John E. Other topics: Business and commerce, fraudulent con- Other topics: Computers and research veyances, fraudulent transfers, partnerships, and uniform acts Uniform Legislation — W — An Accounting Primer for Estate Planning, Probate and Trust Counsel (The New Kansas Uniform Principal & Wages Income Act) See Dick and Jane Work: A Kansas Wage Payment Act June/July 2002 ...... 71:6:51 Primer Newbery, C. David and Sullivan, D. Thad Oct. 2003 ...... 72:9:14 Other topics: Administration of estates, decedents’ estates, Byers, Boyd A. and Rumfelt, Carolyn L. estate and gift tax, estate planning, estate tax, estates, Other topics: Administrative law, agreements, attorney executors and administrators, fiduciaries, income, fees, civil claims, employer and employee, employ- income tax, inheritance and estate planning, inheri- ment, Fair Labor Standards Act, independent con- tance and estate taxation, investments, pensions, pro- tractors, Kansas Administrative Procedure Act, bate, remainders and remaindermen, retirement and Kansas Judicial Review and Civil Enforcement of pensions, Revised Uniform Principal and Income Act, Agency Action Act, Kansas Wage Payment Act, tax, taxation, taxes, testators, trusts, trust and trustees, labor, labor and employment, master and servant, uniform laws, and uniform legislation minimum wage and maximum hour law, state agencies, and statutes Uniform Trust Code Navigating the New Kansas Uniform Trust Code: Familiar Wards and Unfamiliar Waters Responding to the Lament of Invisible Children: Nov./Dec. 2002 ...... 71:10:34 Achieving Meaningful Permanency for Foster children Cheryl C. Boushka and Mark W. Knakendoffel June/July 2003 ...... 72:6:46 Other topics: Trusts, trust laws, trusts and trustees, and Lee, Jae M. and Young, Thomas Wade uniform laws Other topics: Adoption, child abuse, child custody, children and minors, disabilities, education, ethics – United States professional, family law, federal acts, government A Guide to Federal and Kansas Forfeiture: Beginner’s agencies, guardian and ward, infants, juvenile courts, Guide to Federal Forfeiture juvenile law, juvenile/domestic relations, minors, par- March 2001 ...... 70:3:18 ent and child, public welfare, social welfare, and state Gurney, Annette Badwey agencies When Good Property Goes Bad: A Primer on Kansas Asset Forfeiture Law and Procedure March 2001 ...... 70:3:24

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 65

Warrantless Searches Water Transfer Act A Guide to Federal and Kansas Forfeiture: Beginner’s Title and Related Considerations in Conveying Kansas Guide to Federal Forfeiture Water Rights March 2001 ...... 70:3:18 Nov. 1997 ...... 66:9:38 Gurney, Annette Badwey Peck, John C. When Good Property Goes Bad: A Primer on Kansas Other topics: Abstracts and titles, bankruptcy, deeds Asset Forfeiture Law and Procedure and conveyances, divorce, easements, foreclosure, March 2001 ...... 70:3:24 judgement and liens, judgements, mortgages, prop- Wood, Colin D. erty, titles, title insurance, titles and land, titles to Other topics: Assets, automobiles, burden of proof, civil property, Uniform Commercial Code, water districts, claims, civil procedure, claims, crimes and punish- water rights, and water and watercourses ment, criminal code, criminal justice, criminal procedure, drugs, due process, federal government, fines Waters and Watercourses and penalties, homesteads, Kansas Code of Civil Title and Related Considerations in Conveying Kansas Procedure (pleadings), law enforcement, motor vehi- Water Rights cles, personal property, practice and procedure, private Nov. 1997 ...... 66:9:38 property, property, property law, real estate, real estate Peck, John C. law, real property, settlements, and titles to property Other topics: Abstracts and titles, bankruptcy, deeds and conveyances, divorce, easements, foreclosure, The Wolf at the Door: Administrative Search Warrant judgement and liens, judgements, mortgages, prop- Procedure in Kansas erty, titles, title insurance, titles and land, titles to Jan. 2001 ...... 70:1:34 property, Uniform Commercial Code, water districts, Tarbutton, Roger L. water rights, and Water Transfer Act Other topics: Fifth Amendment, inspections, municipal law, search warrants, and search and seizure Wiretap Evidence for the Family Lawyer: Intrafamily Wiretapping, Warranty the Fifth Amendment and Other Selected Topics The Kansas Residential Construction Defect Act: A March 1999 ...... 68:3:24 Schematic Blueprint for Repairs Leben, Hon. Steve March 2005 ...... 74:3:20 Other topics: Child custody, divorce, domestic rela- Hoch, Wyatt A. tions, evidence, family law, Fifth Amendment, Other topics: Arbitration, breach of warranty, contracts, hearsay, private property, and wiretap implied warranties, and Rules of Civil Procedure Witness Water Districts An Analysis of the Admissibility of Expert Opinion Title and Related Considerations in Conveying Kansas Testimony in Kansas State Courts after Kuhn v. Sandoz Water Rights Pharmaceuticals Nov. 1997...... 66:9:38 Feb. 2002 ...... 71:2:28 Peck, John C. Griffin, James D. Other topics: Abstracts and titles, bankruptcy, deeds Other topics: Evidence, expert testimony, experts, and conveyances, divorce, foreclosure, judgement expert witness, rules of evidence, testimony, trial, and and liens, judgements, mortgages, property, titles, witnesses title insurance, titles and land, titles to property, Uniform Commercial Code, water rights, Water An Overview of the 2000 Amendments to the Federal Transfer Act, and water and watercourses Rules of Civil Procedure Feb. 2001 ...... 70:2:26 Water Rights Davis, Tamara L. Assessing the Quality of a Water Right other topics: Civil procedure, depositions, disclosure, May 2001 ...... 70:5:26 discovery, evidence, expert testimony, expert witness, Peck, John C. experts, federal courts, Federal Rules of Civil Other topics: Administrative law, agency, property, Procedure, impeachment, interrogatories, nondisclo- property law, real estate law, and real property sure, rules of civil procedure, Federal Rules 34 and 35, K.S.A. 60–236(1975 Supp.), and sanctions Title and Related Considerations in Conveying Kansas Water Rights Witnesses Nov. 1997 ...... 66:9:38 An Analysis of the Admissibility of Expert Opinion Peck, John C. Testimony in Kansas State Courts after Kuhn v. Sandoz Other topics: Abstracts and titles, bankruptcy, deeds and Pharmaceuticals conveyances, divorce, easements, foreclosure, judge- Feb. 2002 ...... 71:2:28 ment and liens, judgements, mortgages, property, titles, Griffin, James D. title insurance, titles and land, titles to property, Other topics: Evidence, expert testimony, experts, Uniform Commercial Code, water districts, Water expert witness, rules of evidence, testimony, trial, and Transfer Act, and water and watercourses witness

66 – CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005

Work-product To Preserve and Protect: A Nuts-and-Bolts Approach to Attorney-Client Privilege and Work-Product Immunity in Kansas Federal Courts July/Aug. 2005 ...... 74:7:32 Wolesky, Heather Brown Other topics: Attorney client privilege and federal courts — Z — Zones and Zoning Tell it to the Judge: Appealing a Zoning Decision Sept. 1998 ...... 67:7:33 Badeker, Roger Other topics: Appeal and error and property law

CUMULATIVE INDEX TO THE JOURNAL OF THE KANSAS BAR ASSOCIATION 1998 – 2005 – 67