Articles

OVER THE HILLS AND THROUGH THE WOODS TO GRANDPARENTS' HOUSE WE GO: OR DO WE, POST-TROXEL? Ellen Marrus
Professor Marrus examines the 2000 United States Supreme Court decision in Troxel. She argues that the as-applied invalidation of the Washington statute does not give sufficient guidance to the states in dealing with third-party visitation over parental objections. She analyzes prior Supreme Court cases dealing with parental rights and concludes that within certain parameters court coerced grandparent-grandchild visitation may be constitutional. She develops an analytical framework based on the distinction between standing to sue and the substantive determination of what is in the child's best interests. She also proposes a model statute that will permit more refined decision making by state courts.

LET NO NATIVE AMERICAN CHILD BE LEFT BEHIND: RE-ENVISIONING NATIVE AMERICAN EDUCATION FOR THE TWENTY-FIRST CENTURY Allison M. Dussias
This Article considers the future of Native American education in light of a 1998 executive order on American Indian and Alaska Native education, and against the backdrop of the history of federal government Native American education policies and government reports evaluating the results of these policies. Historically, government-sponsored educational programs sought to destroy tribal cultures and prepare Indians for a subordinate role in American society, and government reports repeatedly have documented the adverse consequences of these programs and recommended sweeping changes. The Article explores whether the executive order represents a meaningful commitment to improving Indian education and how the order may fare under the new Administration's pledge to "leave no child behind."

STUDENT DESIGNED HOME WEB PAGES: DOES TITLE IX OR THE FIRST AMENDMENT APPLY? Susan H. Kosse
Recent court decisions have found school districts liable for peer-on-peer harassment. Whether a school district could ever be liable for their response to harassing behavior that occurred off school grounds and after school hours is unclear. This creates a major void in the law because off-campus student designed web pages, often written in explicit and vulgar language, are becoming very common. This article explores the tests courts are creating for regulation of student speech and prevention of peer-on-peer harassment and the tensions that result.

Notes

THE HIGH PRICE OF (CRITICIZING) COFFEE:
THE CHILLING EFFECT OF THE FEDERAL TRADEMARK DILUTION ACT ON CORPORATE PARODY Sarah Mayhew Schlosser

BRINGING YOUR DNA TO WORK: EMPLOYERS' USE OF GENETIC TESTING UNDER THE AMERICANS WITH DISABILITIES ACT Kimberly A. Steinforth

Arizona Case Notes

PHILADELPHIA INDEMNITY INSURANCE CO. V. BARERRA. Jeffrey A. Hursh

KANSAS V. CRANE. Jacob Maskovich