2005 Article Index

Index to Articles Appearing in Volume 47, 2005
Orange County Lawyer Magazine

As a service to our readers, follows an index to Features, Special Features, Columns, and select Departments appearing in calendar year 2005. The index is arranged alphabetically by major article topic, then alphabetically within that topic.


  • Bankruptcy Law’s Major Changes, by Michael J. Heyman and The Hon. Theodur C. Albert, July p.36

Civil Procedure and Related Issues.

  • Civil High Court Pronouncements, by Charles H. Whitebread, November p.10

Class Action.

  • The Class Action Fairness Act, by Aashish Y. Desai, July p.20
  • Clipping Coupons, by David R. Koch, July p.46

Computers, Information Technology and Related Legal Issues.

  • Blackberries, Palms and Pocket PCs, by Lorin Geitner, September p.62
  • Computer Update, by Jon Miller, April p.44
  • Identity Theft: Who Cares About Sticks and Stones? by David E. Libman, April p.41
  • The High Court in Cyberspace: MGM v. Grokster, Digital Copyright and Secondary Infringement Theories, by John Tehranian, April p.22
  • Spyware Beware, by Michael L. Baroni, April p.36

Constitutional Law and Constitutional Criminal Procedure.

  • A Debtor’s Right to Silence in a Bankruptcy Proceeding, by Leonard M. Shulman and Kara Germane, September p.46
  • First Amendment High Court Pronouncements, by Charles H. Whitebread, January p.14
  • The High Court on the First Amendment and Intellectual Property, by Charles H. Whitebread, December. p.10
  • High Court Pronouncements on Criminal Law and Habeas, by Charles H. Whitebread, October p.6
  • Mendez v. Westminster School District: How it Affected Brown v. Board of Education, by The Hon. Frederick P. Aguirre, February p.30
  • New Supreme Court Criminal Pronouncements, by Charles H. Whitebread, September p.28
  • Originalism and its Discontents, by Chris Arledge and Todd Green, September p.18
  • Pretrial Publicity: The Invisible Elephant in the Mist, by Jon Bruschke, September p.52
  • The U.S. Supreme Court Authorizes Taking Private Property for Economic Development, by David B. Cosgrove, September p.42

Corporations and Business Entities.

  • Safeguarding Against Corporate Financial Difficulty, by Garrick A. Hollander, January p.32

Criminal Law.

  • Post-Judgment Relief, by Sandra Williams, August p.34

Dispute Resolution — Mediation, Arbitration, Negotiation.

  • Curbing Extortionate Shysterism in ADA Litigation, by Alan J. Gordee, November p.38
  • The Quick Brown Lawyer Jumped Over the Mediation Traps, by William J. Caplan, January p.23

Ethics and Professional Responsibility.

  • ORANGE COUNTY BAR ASSOCIATION Standards for Professionalism and Civility Among Attorneys, February p.22
  • President’s Page: Raise the Bar, by Dean J. Zipser, September p.5
  • President’s Page: Should We Take a Lesson from Television? by Dean J. Zipser, April p.5
  • President’s Page: The Value of Mentoring, by Dean J. Zipser, March p.5
  • What Would Lincoln, Esq., Do? by John Hueston and Wayne Gross, February p.18

Family Law Corner and Family Law .

  • The Celebrity Dissolution, by Aissa Wayne, Elizabeth Fields Radosevic and Kathryne L. Clark, March p.46
  • Choosing a Forensic Accountant, by Leslie O. Dawson and Terry M. Hargrave, January p.52
  • The Egg Came First, by Kate Lyon, June p.58
  • Guide to Orange County Superior Court Family Law Courtroom Procedures and Calendar Information, by Lisa Staight, November p.50
  • Initial Custody for the New Lawyer, by John K. York, February p.48
  • Letter to Editor, by Frank Pray [Re The Egg Came First], August p.30
  • Lis Pendens Property Transfer Problems, by Sousan Alamansour Myaskovsky, September p. 74
  • Pensions — What’s in a Name? by Fred A. Messerer, July p.56
  • Splitting the Babies, by Brenda McCune, August p.54
  • The State Disbursement Unit, by Teresa Hicks, August p.58
  • Support for Adult Children: Is it Modifiable? by Paul Minerich, May p.58
  • Thank you Commissioner Vogl, by Gary Gorczyca, April p.46
  • They’re Not “Kids” Anymore, by Robert Sech, October p.66

Humor and the Law.

  • A Criminal Waste of Space: It’s a Bird, It’s a Plane, It’s… , by the Hon. William W. Bedsworth, November p.46
  • A Criminal Waste of Space: But for the Grace of God, by the Hon. William W. Bedsworth, October p.62
  • A Criminal Waste of Space: Every Pimp Has His Day, by the Hon. William W. Bedsworth, March p.40
  • A Criminal Waste of Space: Habemus Stovepipe, by the Hon. William W. Bedsworth, June p.52
  • A Criminal Waste of Space: The Hippocratic Curse, by the Hon. William W. Bedsworth, May p.54
  • A Criminal Waste of Space: Horses for Courses, Pimps for Chimps, by the Hon. William W. Bedsworth, April p.54
  • A Criminal Waste of Space: So Many Hammers, So Little Time, by the Hon. William W. Bedsworth, July p.50
  • A Criminal Waste of Space: The Maws are Agape… with the Sound of Money, by the Hon. William W. Bedsworth, February p.43
  • A Criminal Waste of Space: The Rosetta Clod, by the Hon. William W. Bedsworth, August p.50
  • A Criminal Waste of Space: A Spaniard in the Works, by the Hon. William W. Bedsworth, September p.70
  • A Criminal Waste of Space: A Wink is as Good as a Nod to a Blind Fish, by the Hon. William W. Bedsworth, December p.54
  • A Criminal Waste of Space: The Year in Preview, by the Hon. William W. Bedsworth, January p.48
  • Famous Last Words — Ain’t That a Kick in the Pants… , by The Hon. Dan McNerney, April p.10
  • Famous Last Words — Hitting a Grand Slam in Court, by The Hon. Dan McNerney, December p.46
  • Famous Last Words — A Horse of a Different Color, by The Hon. Dan McNerney, November p.36
  • Famous Last Words — Like Rats from a Sinking Ship…, by The Hon. Dan McNerney, July p.6
  • Famous Last Words — From Russia with Love…, by The Hon. Dan McNerney, September p.10
  • Famous Last Words — Greetings from the Sunshine State…, by The Hon. Dan McNerney, October p.54
  • Famous Last Words — One if by Land, by The Hon. Dan McNerney, January p.20
  • Famous Last Words — See the Ball, Be the Ball…, by The Hon. Dan McNerney, June p.10
  • Famous Last Words — This is No Joke, by The Hon. Dan McNerney, May p.10
  • Famous Last Words — Tip of the Iceberg, by The Hon. Dan McNerney, February p.40
  • Famous Last Words — Tropical Storm, by The Hon. Dan McNerney, March p.10
  • Famous Last Words — Twinkle, Twinkle Little Star…, by The Hon. Dan McNerney, August p.10
  • Millar’s JurisDiction — Courting Removal Part 2: Judicial Darwin Awards, by Richard W. Millar, Jr., April p.6
  • Millar’s JurisDiction — Fictitious Settlements, Frivolous Actions and Chutzpah, by Richard W. Millar, Jr., October p.50
  • Millar’s JurisDiction — Ignoring Bad Precedent, by Richard W. Millar, Jr., November p.34
  • Millar’s JurisDiction — Issue Obesity: A Growing Problem? by Richard W. Millar, Jr., March p.6
  • Millar’s JurisDiction — Milking the Victim, by Richard W. Millar, Jr., May p.6
  • Millar’s JurisDiction — At a Nearby Blockbusters? by Richard W. Millar, Jr., December p.42
  • Millar’s JurisDiction — A New Use for Post-it Notes, by Richard W. Millar, Jr., September p.6
  • Millar’s JurisDiction — A Question of Duty: Mrs. Palsgraf in the Bedroom? by Richard W. Millar, Jr., August p.6
  • Millar’s JurisDiction — Required MCLE, a New Trend in Sanctions, by Richard W. Millar, Jr., July p.10
  • Millar’s JurisDiction — Saving the Whales: Can Shamu Sue? by Richard W. Millar, Jr., January p.6
  • Millar’s JurisDiction — Sex, Lies and Property Law: a Legal Trifecta? by Richard W. Millar, Jr., June p.13
  • Millar’s JurisDiction — Vacuuming the Estate, by Richard W. Millar, Jr., February p.6

Insurance Law and Related Issues.

  • Is the California Supreme Court Confusing the Boundaries of the Economic Loss Rule? by Christopher W. Arledge, May p.22
  • Cooper Industries, Inc. v. Aviall Services, Inc., by Dianr R. Smith and Summer L. Nastich, May p.18
  • Long-Term Care Insurance: A Critical Element of Estate Planning, by Cori Nichols, May p.28
  • Notice to the Insurance Brokers of a Lawsuit, by David A. Gauntlett, May p.46
  • Saving for a Rainy Day, by Carter Mudge, May p.34
  • 3/4 + 1/2 + C + E + E + 3/4 x 5%, by Jeffery W. Heileson, October p.46

Intellectual Property.

  • Patent Tying and the Necessity of Showing Market Power, by Peter R. Afrasiabi, August p.40

Jurisprudence, General Interest, etc.

  • Breakfast Before Court, by Michael E. Raabe, January p.12
  • Breakfast When there Were Orange Groves, by Michael E. Raabe, August p.64
  • Breakfasting in 1899, by Michael E. Raabe, October p.69
  • Changing Times – Changing Needs, by Barbara H. Evans and Maryruth Storer, June p.46
  • The Continuing Moral Fashioning of a Law Professor, by Randy Lee, June p.18
  • Letter to the Editor [Animal Rights], by Ruth Shapin, April p.33
  • Lunch Between Depos, by Michael E. Raabe, March p.13
  • One L Revisited, by Nicole Cohrs, June p.50
  • On an Early Breakfast Roll, by Michael E. Raabe, July p.31
  • Pancakes and Coffee, by Michael E. Raabe, December p.53
  • The Secret to Becoming a Legal Rock Star, by Timothy P. O’Brien, August p.46
  • Sunday Brunch after Saturday at the Firm, by Michael E. Raabe, May p.62
  • Tuesday Lunch after Burn-Out, by Michael E. Raabe, June p.63

Jury Issues.

  • Avoiding the Pitfalls of Sloppy Focus Groups, by Joni E. Johnston, June p.40
  • Pre-Dispute Jury Waivers after Grafton Partners, by Daniel M. Livingston, October p.38

OCBA Goals, Outreach, Pro Bono, Committees, etc.

  • Call for Articles for the Orange County Lawyer Magazine, January p.26, June p.27, October p.34, December p.6
  • Charitable Fund Report, January p.31, February p.28, March p.28, April p.32, May p.37, June p.36, July p.33, August p.20, September p.61, October p.49, November p.45, December p.40
  • Cover Story: The Benefits of Belonging to the OCBA, by Trudy Levindofske, November p.7
  • Cover Story: Changes in the U.S. District Court, Central Division Bench, by Nicole Varner, August p.14
  • Cover Story: Franklin G. West Award Winner Hon. Robert P. Kreber, by Richard W. Millar, Jr. February p.14
  • Cover Story: Grace E. Emery-Harmon G. Scoville Award Recipient, by Julie McCoy, May p.14
  • Cover Story: The Public Law Center, by Kenneth W. Babcock, September p.14
  • Cover Story: The OCBA’s Secretarial Candidates for 2006, Lei Lei Wang Ekval and Mike Yoder, October p.58
  • Cover Story: Vote for State Bar Board of Governors District 8 Seat, June p.26
  • Cover Story: Who’s Who in the OCBA Part II — The Affiliate Bars, April p.14
  • Cover Story: Who’s Who in the OCBA Part I, March p.22
  • Cover Story: The Young Lawyers Division, by Tran Meltzer, July p.13
  • Financial Statement, August p.58
  • Give Your Old Cell Phone a New Meaning, by Julie N. Nong, June p.30
  • Index to Articles Appearing in Volume 46, 2004 Orange County Lawyer Magazine, January p.38
  • Legal Aid Society of Orange County Pilots Harvard Law School Plan for Access to Justice, by Robert Cohen and Richard Zorza, December 50
  • It Only Takes a Moment: The OCBA’s Annual Food Drive, by Liz Pejeau, February p.16
  • Orangewood Outreach, by Scott B. Cooper, March p.24, September p.60
  • President’s Page: Helping Orange County’s Youth, by Dean J. Zipser, August p.5
  • President’s Page: If It Wasn’t Broke, Why Did We Fix It? by Dean J. Zipser, February p.5
  • President’s Page: Legal Education — By Us, For the Public, by Dean J. Zipser, May p.5
  • President’s Page: My Last At Bat, by Dean J. Zipser, December p.5
  • President’s Page: The Need to Preserve and Defend Judicial Independence-Our Constitutional Protections are at Stake, by Dean J. Zipser, July p.5
  • President’s Page: Pro Bono Work — The Question is Not “Why?” but “Why Not?” by Dean J. Zipser, June p.6
  • President’s Page: Why We Do This, by Dean J. Zipser, October p.5
  • President’s Page: The Wind Beneath our Wings, by Dean J. Zipser, November p.5
  • President’s Page: The Year Ahead, by Dean J. Zipser, January p.5
  • Pro Bono Opportunity [Domestic Violence], April p.47; [Bankruptcy Project], May p.30
  • Suggestions for Law Firms to Improve Diversity in Orange County’s Legal Community, June p.14

Mental Health Litigation.

  • That “First Trial”, by Howard Serbin, August p.25

Practice of Law, including Trial Practice and Law Office Management.

  • Effective File Retention: How to Determine the Fate of a Closed File, by W. Brian Ahern, September p.66

Real Estate and Housing

  • The American Dream or an Orange County Nightmare? by Tim Paone, April p.48


  • California’s Estate Tax Dilemma, by Frank J. Doti and Kevin B. Morris, December p.34
  • Unintended Consequences? by Francine J. Lipman, February p.10

Torts and Related Issues

  • Letter to the Editor [by Harris E. Kershnar Re Tameny claims], May p.30
  • Fraud Without Reliance: The Randi W. Exception, by Todd Green, August p.22

Worker’s Compensation and Work-Related Issues

  • Gould and Phillips, by Christopher W. Arledge, March p.16
  • The Threshold for Hostile Work Environment Harassment, by Karen T. Meyers, March p.30