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Tulsa Law Review Tulsa Law Review

Volume 14 Issue 4

1979

Subject Index Subject Index

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SUBJECT INDEX

Subjects Covered in this Index

Actions and DefensesAdministration of JusticeAdministrative AgenciesAdministrative LawAlimonyAppeal and ErrorAtomic EnergyAttorneysBanks and BankingBills and NotesBoundariesChattel MortgagesChildrenCommercial TransactionsConcurrent EstatesConditional SalesConflict of LawsConstitutional LawConsumer ProtectionContractsCorporationsCourtsCovenantsCreditors' RightsCriminal LawDamagesDebtor and CreditorDeedsDefamationDivorceDomestic RelationsDrugsEminent DomainEnergy LawEquityEstates in LandEstoppelEthics, Legal and ProfessionalEvidenceExecutionsFederal Jurisdiction and PracticeForeign LawForfeitureFraudFuture InterestsGarnishmentsGovernmentHabeas CorpusHusband and WifeIncome TaxIndemnityInfantsInterest

Interstate CommerceJoint TenancyJudgesJudicial ReviewJuries and JurorsJurisprudenceLaw BooksLegal ServicesLegislationLibel and SlanderLiensLife EstatesLis PendensMaintenanceMarriageMechanics' LiensMines and Mineral ResourcesMinorsMisrepresentationMortgagesMotor VehiclesNegligenceOil and GasParties to ActionsPartnershipPersonal PropertyPhysicians and SurgeonsPractice and ProcedurePrivileged CommunicationsProducts LiabilityProfessions and OccupationsPropertyPublic UtilitiesReal PropertyRecent DevelopmentsReligionRemediesSalesSecured TransactionsSlanderStatute of FraudsStatutory ConstructionTaxationTenants in CommonTortsTrade RegulationsTrial PracticeUniform State LawsVendors and PurchasersWarrantyWaterWitnessesZoning Law

1

et al.: Subject Index

Published by TU Law Digital Commons, 1978

SUBJECT INDEXActions and Defenses

Civil libel and slander in Oklahoma(a)

Collateral estoppel doctrine-effecton subsequent actions by a differ-ent party against same defendant(r)

Defamation, truth as defense inOklahoma (a)

Educational malfeasance as a possi-ble new cause of action (c)

Administration of JusticeApplication of doctrine of offensive

collateral estoppel and its effect ona party's right to trial by jury (r)

Discretion in judicial decision mak-ing (a)

Administrative AgenciesFederal and state securities regula-

tions and small business (c)Food and Drug Administration, pro-

posed requirement of patient label-ing for all prescriptionpharmaceuticals (c)

Food and Drug Administration, regu-lation of laetrile (r)

Management of Oklahoma's countylaw libraries by Board of Law Li-brary Trustees (f)

Public utility ratemaking (f)

Administrative LawAntiboycott provisions of the Export

Administration Regulations, 15C.F.R. § 369 (1978) (a)

Ban of laetrile by FDA ruled arbi-trary and capricious (r)

Regulation of Oklahoma groundwater (a)

Substantial evidence on the record,lack of, in FDA's ban of use oflaetrile (r)

AlimonyConsideration of pensions in award

of alimony in Oklahoma (c)

Appeal and ErrorJudicial review, factors and discretion

in (a)Zoning decisions, standards used by

Oklahoma courts (c)

Atomic EnergyCost comparison of nuclear, coal, and

40 solar energy (f)

AttorneysAttorney-client privilege under

40 Oklahoma Evidence Code (a)Library resources necessary and

40 available to Oklahoma attorneys (f)

383Banks and Banking

Federal commercial paper governedby federal common law

Proposal to enact the U.C.C. into fed-813 eral law

491 Bills and NotesFederal commercial paper governed

by federal common lawProposal to enact the U.C.C. into fed-

132 eral law (c)

BoundariesAllocation of Oklahoma ground

590 water (a)

222 Chattel MortgagesSee Secured Transactions

109 Children

81 Schools' responsibility to educate (c)

Commercial transactionsClassification of goods and practices

under U.C.C. article 2 (c)695 Federal commercial paper governed

by federal common law (c)223 Merchantability, effect of improper

labeling of prescription437 pharmaceuticals (c)

Perfecting a security interest in anOklahoma vehicle, a 1979 change

223 in the law (c)Proposal to enact the U.C.C. into fed-

eral law (c)168 U.C.C. article 2, merchant sections

applied to farmers (c)U.C.C. article 2, merchant sections

construed (c)491 U.C.C. article 2, reasonable commer-

cial standards of fair dealing in the4 trades (c)

(a) refers to articles; (0 refers to forums; (c) refers to notes and comments; (r) refers to recent developments.

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TULSA LAW JOURVAL

U.C.C. article 2, statute of frauds ex-ception (c)

Concurrent EstatesPensions as property subject to divi-

sion upon divorce in Oklahoma (c)

Conditional SalesSee Secured Transactions

Conflict of LawsFederal commercial paper governed

by federal common law (c)Proposal to enact the U.C.C. into fed-

eral law (c)

Constitutional LawAssembly, freedom of, under Japan's

Constitution (f)Civil libel and slander (d)Downzoning decisions, power of mu-

nicipalities to rezone (c)First amendment protections in libel

and slander actions (a)Habeas corpus, Japanese constitu-

tional grounds for writ ()Japan, history of the Japanese consti-

tutions (f)Japan, individual liberties in ()Japan, texts of Constitutions A.D. of

604 and 1946 (f)Obscenity, Japanese definitions (f)Privacy, right of, for use of laetrile (r)Privacy, right of, under Japan's Con-

stitution (f)Seventh amendment right to jury

trial---effect of application of offen-sive collateral estoppel doctrine (r)

State constitutional requirements foreducation systems (c)

Uncompensated takings, the alloca-tion of Oklahoma ground water (a)

Consumer ProtectionImpact of increased use of solar en-

ergy on consumer utility rates (f)Public utility ratemaking (f)

ContractsContract for deed, traditional law

compared to Oklahoma statute (c)Implied relationship between stu-

dents and schools (c)Joint ventures as contractual arrange-

ments (a)

Corporations200 Advantages of unincorporated busi-

ness associations over corporations(a)

Cattle-breeding operations (c)168 Employee stock ownership plans (a)

SEC regulations and small business(c)

Subchapter S corporations for cattle-breeding operations (c)

Taxation, effect of Tax Reform Act of1976 on cattle-breeding operations

208 (c)

208 CourtsCounty law libraries-the stepchild

of Oklahoma's legal community (c)Federal commercial paper governed

528 by federal common law (c)40 Increasing activity by courts in educa-

tional policymaking-a trend (c)4 Judicial decision-making, factors in

(a)40 Covenants

Covenant not to execute, effect on529 plaintiffs right to proceed against

joint tortfeasors (c)515 Covenant not to sue, effect on plain-515 tiffs right to proceed against joint

tortfeasors (c)538 Loan receipt agreements, use in per-534 sonal injury cases involving multi-

223 ple defendants (c)Release of one defendant releases all

532 joint tortfeasors (c)

Creditors' RightsSee Debtor and Creditor

813 Criminal Law

391 Admissibility of other crimes underOklahoma Evidence Code (a)

437 Evidence, option of accused to intro-duce concerning his characterunder Oklahoma Evidence Code(a)

73 Methods of proving character under

81 Oklahoma Evidence Code (a)Privileges of a defendant under

Oklahoma Evidence Code (a)

Damages557 Defamation, availability of punitive

damages (a)386 Libel in Oklahoma (a)

New tort of educational malfeasance,I possible damages (c)

(a) refers to articles; (0 refers to forums; (c) refers to notes and comments; (r) refers to recent developments,

[Vol. 14:827

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SUBJECT INDEX

Slander in Oklahoma (a)Public apology as damages for defa-

mation in Japan (f)Punitive damages available in

Oklahoma for defamation per seand per quod (a)

Debtor and CreditorFederal commercial paper governed

by federal common law (c)Perfecting a security interest in an

Oklahoma vehicle, a 1979 changein the law (c)

Small claims litigation underOklahoma Small Claims ProcedureAct (f)

DeedsContract for deed under Oklahoma

law (c)

DefamationSee Libel and Slander

DivorcePensions as property subject to divi-

sion upon divorce in Oklahoma (c)Property division and maintenance

awards in community propertyand common law jurisdictions (c)

Domestic RelationsSee Divorce, Husband and Wfe;

Marriage

DrugsLaetrile, 10th Circuit overrules FDA

ban (r)Toxicity as possible FDA standard of

access (r)

Eminent DomainDownzoning, limits of rezoning with-

out compensation due (c)

Energy LawCost/effect analysis of competing

sources of energy (f)Cost comparison of nuclear, coal, and

solar energy (f)Impact of private use of solar energy

on public utility ratemaking (f)Natural gas, lessee's dedication of to

the interstate market is binding onthe reversionary interest (r)

Public utility ratemaking (f)Solar energy (f)

40 EquityEquitable conversion, time of, in a

530 contract for deed (c)Equitable considerations in division

of property upon divorce in40 Oklahoma (c)

Estates in Land

Pensions as property subject to divi-

208 sion upon divorce in Oklahoma (c)

EstoppelOffensive Collateral Estoppel, effect

770 of on the seventh amendment rightto trial by jury (r)

327 Ethics, Legal and ProfessionalJudicial decision-making, factors and

discretion in (a)Settlement agreements, Mary Carter

557 agreements contravene policies be-hind the Canons of Professionalconduct (c)

EvidenceAdmissibility of settlement agree-

ments, to what extent and for what168 purpose (c)

Admissibility of testimony of witnesshypnotized prior to trial to refresh

168 recollection (r)Credibility of witness, admission of

settlement agreement for that pur-pose (c)

Hearsay, admissions by a co-conspir-ator as an exception to the ruleagainst admission of (a)

Hearsay, admissions of agents and222 employees of a party-opponent (a)

Hearsay, admissions of party oppo-223 nent as exception to the rule

against (a)Hearsay distinguished from non-

hearsay (a)798 Hearsay, no exception to rule against

admission of provided inOklahoma Evidence Code for im-

67 plied assertions based upon con-duct (a)

Hearsay, no exception to rule against103 admission of provided in

Oklahoma Evidence Code for73 statements by persons in privity

with a party (a)Hearsay, no exception to rule against

431 admission of provided in83 Oklahoma Evidence Code for63 statements of identification (a)


1979]

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Hearsay, nonassertive conduct as anexception to the rule against admis-sion of under the Oklahoma Evi-dence Code (a) 681

Hearsay, Oklahoma Rules of Evi-dence regarding (a) 637

Hearsay, personal and adoptive ad-missions of a party-opponent (a) 645

Hearsay, prior inconsistent statementsby a witness as an exception to therule against admission of (a) 655

Oklahoma Evidence Code as com-pared to Federal Rules of Evidence(a) .227

Privileges under Oklahoma EvidenceCode (a) 227

Relevancy, rules of, under OklahomaEvidence Code (a) 227

Substantial evidence on the record,lack of, in FDA's ban on use oflaetrile (r) 223

Testimony, opinions and expert,under Oklahoma Evidence Code(a) 227

Witnesses, competency of, underOklahoma Evidence Code (a) 227

Witnesses, examination of, underOklahoma Evidence Code (a) 227

Witnesses, impeachment of, underOklahoma Evidence Code (a) 227

ExecutionsSee Debtor and Creditor

Federal Jurisdiction and PracticeFederal commercial paper governed

by federal common law (c)Proposal to enact the U.C.C. into fed-

eral law (c)

Foreign LawJapanese constitutional individual

liberties (f)Japanese Constitution, freedom of as-

sembly (f)Japanese Constitution, grounds for

writ of habeas corpus (f)Japanese Constitution, texts of Con-

stitutions of A.D. 604 and 1946 (f)Japanese definitions of obscenity (f)Japan, right of privacy in ()Japan, statutory grounds for defama-

tion in (f)

ForfeitureClause in contract for deed, inequities

to purchaser (c)

FraudConsequences of fraudulent behavior

in partnership (a)Misrepresentation, reasonable com-

mercial standards of fair dealing intrades, good faith requirement (c)

Misrepresentation, U.C.C. article 2merchant sections, statute of fraudsexception applied to farmers (c)

Schools' possible liability for fraudwhen uneducated students aregranted a high school diploma (c)

U.C.C. article 2, reasonable commer-cial standards of fair dealing in thetrades, holding merchants to repre-sentations (c)

Future InterestsPensions as property subject to divi-

sion upon divorce in Oklahoma (c)

GarnishmentsSee Debtor and Creditor

GovernmentCommerce Department regulations

under the Export AdministrationAmendments of 1977 (a)

County law libraries in Oklahoma,need for governmental re-evalua-tion (c)

Function of education and role ofvarious branches of government (c)

SEC regulations and small business

Habeas CorpusJapan, constitutional grounds in (f)

Husband and Wife208 Husband-wife privilege under

Oklahoma Evidence Code (a)Maintenance, pensions as property

subject to division upon divorce in515 Oklahoma (c)

Pensions as property subject to divi-528 sion upon divorce in Oklahoma (c)529 Income Tax

See Taxation538 Indemnity534 Indemnification rights of partners (a)532

Infants530 See Children

InterestPensions as property subject to divi-

560 sion upon divorce in Oklahoma (c)

(a) refers to articles; (f) refers to forums; (c) refers to notes and comments; (r) refers to recent developments.

[Vol. 14:827

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SUBJECT INDEX

Interstate CommerceLessee's dedication of natural gas to

the interstate market is binding onthe reversionary interest (r)

Joint TenancySee Concurrent Estates; Real Property

JudgesDiscretion of trial judge under

Oklahoma Evidence Code (a)Factors and discretion in decision-

making (a)Judicial inability to supervise the

proper management of Oklahoma'scounty law libraries (c)

Judicial ReviewSee Appeal and Error

Juries and JurorsEvidence attacking credibility, use by

the jury for substantive purposes(c)

JurisprudenceLegal method and the social sciences,

judicial decisions (a)

Law BooksCounty law libraries (c)Requirements for the Oklahoma law-

yers' library (c)

Legal ServicesCounty law libraries--the stepchild

of Oklahoma's legal community (c)

LegislationAct of May 17, 1979, ch. 181, 1979

Okla. Sess. Laws 460 (c)Competency Based Education Stat-

utes-a new trend (c)Employee Retirement Income Secur-

ity Act of 1974, Pub. L. No. 93-406,88 Stat. 829 (1974) (a)

Export Administration Amendmentsof 1977, Pub. L. No. 95-52, 91 Stat.235 antiboycott provisions (c)

Hearsay evidence in the OklahomaEvidence Code, Okla. Stat. tit. 12§§ 2801-2806 (Supp. 1978) (a)

Natural Gas Act. 15 U.S.C. §§ 717-717w (1976) (r)

Natural Gas Policy Act of 1978.U.S.C. § - (r)

Okla. Const. art. V, § 57 (c)Oklahoma Evidence Code (c) 40

Okla. Stat. tit. 12, § 1082 (Supp. 1978)(a)

Okla. Stat. tit. 12, § 1275 (1971) (c)431 Okla. Stat. tit. 12, § 1278 (Supp. 1978)

(c)Okla. Stat. tit. 12, §§ 1441-1446

(1971) (a)Okla. Stat. tit. 12, § 1761 (Supp. 1978)

()227 Okla. Stat. tit. 12, §§ 2403-2410

(Supp. 1978) (a)

491 Okla. Stat. tit. 12, §§ 2502-2505(Supp. 1978) (a)

Okla. Stat. tit. 12, § 2513 (Supp. 1978)

109 (a)Okla. Stat. tit. 12, § 2601 (Supp. 1978)

(a)Okla. Stat. tit. 12, § 2602 (Supp. 1978)











770 (a)Okla. Stat. tit. 12, §§ 2801-2806

403 (Supp. 1978) (a)Okla. Stat. tit. 12A, § 9-302(4) (Supp.

1979) (c)477 Okla. Stat. tit. 16, § I1 A (Supp. 1978)

(c)Okla. Stat. tit. 21, § 771 (1971) (a)

695 Okla. Stat. tit. 47, § 23.3 (Supp. 1978)(c)

Okla. Stat. tit. 82, §§ 1001-1019637 (1971) (repealed 1972) (a)

Okla. Stat. tit. 82, §§ 1020.1-.22431 (Supp. 1978) (a)

Revenue Act of 1978, Pub. L. No. 95-431 600, 92 Stat. 2763 (1978) (c)779 SEC regulations and small business

,227 (C)

(a) refers to articles; (t) refers to forums; (c) refers to notes and comments; (r) refers to recent developments.

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SEC Rule 146, 17 C.F.R. § 230. 146(1977) (c)

SEC Rule 147, 17 C.F.R. § 230.147(1977) (c)

Securities Act of 1933, TheSherman Antitrust Act (1)Tax Reform Act of 1976, Pub. L. No.

94-455, §§ 201-214, 90 Stat. 1525(1976) (c)

Tax Reform Act of 1976, Pub. L. No.94-455, 90 Stat. 1520, antiboycottprovisions (c)

U.C.C. article 2 (1972) (c)U.C.C. § 2-104 (1972) (c)U.C.C. § 2-201 (1972) (c)U.C.C. § 2-314 (1972) (c)U.C.C. § 3-405(l) (1972) (c)15 U.S.C. § 1 (1976) (1)15 U.S.C. § 14 (1976) (f)15 U.S.C. § 77 q (1976) (c)21 U.S.C. § 352 (1976) (c)21 U.S.C. § 353(b)(2) (1970) (c)21 U.S.C. § 371(a) (1976) (c)50 U.S.C. § 2405 (Supp. 1979), civil

penalties for violation of anti-boycott regulations (a)

50 U.S.C. § 2407 (Supp. 1979), ad-ministrative procedure and reviewunder the Export AdministrationAct (a)

Libel and SlanderCivil libel and slander in Oklahoma

(a)Damages, punitive awards available

in Oklahoma for defamationper seand per quod (a)

Japan, statutory provisions (f)Libel, partnership as party plaintiff in

Oklahoma (a)Malice and conditional privilege (a)Torts, update on defamation in

Oklahoma (a)Truth as a defense in Oklahoma (a)

LiensMortgages, lien theory in Oklahoma

(c)Perfecting a security interest in an


Life EstatesSee Future Interest

Lis PendensSee Debtor and Creditor

Maintenance141 See Divorce; Husband and Wife

157 Marriage132 Pensions as property subject to divi-94 sion'upon divorce in Oklahoma (c)

Mechanics' Liens410 See Liens

Mines and Mineral Resources695 Cost comparison of nuclear, coal, and190 solar energy (f)190 Oklahoma ground water (a)200 Minors198 See Children215

94 Misrepresentation94 See Fraud

141590 Mortgages590 Contracts for deed, a method for

590 financing real 'property inOklahoma (c)

Contracts for deed, applicability of

695 mortgage law under Oklahoma law(c)

Motor VehiclesPerfecting an Oklahoma security in-

695 terest in, a 1979 change in the law(C)

Negligence40 Evidence, special rules of relevancy

under Oklahoma Evidence Code(a)

40 Pharmacist liability for misfilled or530 misbranded prescriptions (c)

Strict products liability and its rela-40 tionship to negligence (c)40 Tort of educational malfeasance

based on negligence (c)4040 Oil and Gas

Natural gas, lessee's dedication of tothe interstate market is binding onthe reversionary interest (d)

566 Parties to Actions

Doctrine of offensive collateral estop-

770 pel, effect on possible litigants (r)Settling defendants, requiring they

cease participation in the lawsuit(c)

Settlement agreements, Mary Carteragreements and their effect on set-tling and nonsettling defendants (c)

(a) refers to articles; () refers to forums; (c) refers to notes and comments; (r) refers to recent developments.

[Vol. 14:827

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SUBJECT INDEX

Trend--dispensing with mutuality re-quirement when doctrine of collat-eral estoppel being applied (r) 8

PartnershipFormation, duties, and liability of

general partnership (a)Formation, duties and liability of

joint venture (a)Formation, duties and liability of lim-

ited partnership (a)Libel action, partnership as party

plaintiff in (a)Limited partnership as a form of or-

ganization for cattle-breeding oper-ations (c) 4

Limited partnership, effect of Tax Re-form Act of 1976 on in cattle-breeding operations (c) 42

Taxation of in cattle-breeding opera-tions (c) 42

Personal PropertyPensions as property subject to divi-

sion upon divorce (c) I

Physicians and SurgeonsSee Evidence; Professions and Occupations

Practice and ProcedureAdmissibility of testimony refreshed

by hypnosis (r) 63Resolving minor civil disputes,

Oklahoma Small Claims ProcedureAct (f) 32

Statistical data, small claims litigationin Oklahoma (f) 32

Privileged CommunicationsSee Evidence; Professions and Occupations

Products LiabilityDuty to warn (c)Forseeability irrelevant in strict prod-

ucts liability (c)Knowable versus unknowable risks:

risk allocation from victim to pro-ducer (c)

Prescription pharmaceuticals (c)Proximate cause (c)Strict products liability and the irre-

levance of forseeability (c)

Professions and OccupationsAttorney-client privilege under

Oklahoma Evidence Code (a)Availability of law library facilities to

Oklahoma attorneys (c)

Judicial decision-making, some theo-ries of (a)

13 Pharmacist liability for misfilled ormisbranded prescriptions (c)

Physician and psychotherapist-pa-tient privilege under Oklahoma Ev-

1 idence Code (a)

1 PropertySee Personal Property; Real Property

IPublic Utilities

40 Declining block rate structure ()Impact of private use of solar energy

on energy utility ratemaking (f)!7 Limitations on governmental regula-

tion of (f)Promotional rates, propriety of (f)

8 Real Property

Division of property upon divorce in28 Oklahoma (c)

Financing of, mortgage and contractfor deed compared (c)

8 Oklahoma ground water, allocationof (a)

Zoning decisions, standards used byOklahoma courts (c)

Recent DevelopmentsAccountability statutes and compe-

3 tency based education statutes-growing trend toward making edu-cators more responsible for their

.7 product (c)Federal Drug Administration ban on

.7 laetrile treatments for terminally illcancer patients is arbitrary and ca-pricious. Rutherford v. UnitedStates, 582 F.2d 1234 (10th Cir.1978) (r)

Lessee's dedication of natural gas to6 the interstate market is binding on

the reversionary interest (r)3 Seventh amendment right to a jury

trial grows more narrow (r)

19 Religion0 As a privilege under Oklahoma Evi-9 dence Code (a)

343 RemediesChoosing appropriate remedies in the

establishment of a new tort of edu-cational malfeasance (c)

227 Compared, for breach of contract fordeed and mortgage under

109 Oklahoma law (c)

(a) refers to articles; (0 refers to forums; (c) refers to notes and contmnents; (r) refers to recent developments.

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TULSA LAW JOUiVAL

SalesMisbranded prescription pharma-

ceuticals (c)U.C.C. article 2, merchants, reason-

able commercial standards of fairdealing in the trades (c)

Secured TransactionsPerfecting a security interest in an


SlanderSee Libel and Slander

Statute of FraudsU.C.C. article 2 merchant sections,

exception applied to farmers (c)

Statutory ConstructionAdministrative regultion, Federal

Food, Drug and Cosmetic Act, pro-posing patient labeling for pre-scription pharmaceuticals (c)

Employee stock ownership plans (a)Evidence, admissions by agents and

employees of a party-opponent ad-missible if relating to a matterwithin the scope of agency or em-ployment (a)

Evidence, admissions by co-conspira-tors must have been made in fur-therance of the conspiracy to be ad-missible under Okla. Stat. tit 12,§ 2801(4)(b)(5) (a)

Evidence, exclusions from the hear-say rule, Okla. Stat. tit. 12, § 2801(a)

Evidence, Okla. Stat. tit. 12,§ 2801(4)(a)(1) provides for admis-sion of sworn prior inconsistentstatements by a witness for bothtestimonial and nontestimonialpurposes (a)

Merchants, definition of underU.C.C. article 2 (c)

Merchants held to implied warrantyof merchantability (c)

Misrepresentation, good faith dealingamong merchants required by rea-sonable standards of fair dealing intrades under U.C.C. article 2 (c)

Oklahoma Ground Water Law of1972, allocation (a)

Oklahoma's legislation directing thedivision of property and alimonypayments upon divorce (c)

Perfecting a security interest in anOklahoma vehicle, a 1979 change

590 in the law (c)Rules used to interpret Oklahoma

statute applying mortgage law to200 contract for deed (c)

SEC regulations and small businessStatute of frauds, exception to writ-

ing requirement allowed wheretransaction between merchants (c)

770 Statute of frauds exception underU.C.C. article 2, merchant sectionsapplied to farmers (c)

Statute of frauds, knowledge of busi-ness practices is requirement formerchant exception (c)

200 U.C.C. § 2-314 (c)

TaxationCapital gains, recapture of in cattle-

breeding operations (c)Cattle breeding as a tax sheltered

590 investment (c)477 Deductions, depreciation as an ex-

pense in cattle-breeding operations(C)

Deductions, difference in treatmentbetween farming syndicates and in-

649 dividual investors (c)Deductions, expenses incurred in

cattle-breeding as (c)Deductions, prepaid expenses in cat-

tie-breeding operations as (c)

651 Deductions, restrictions on in cattle-breeding operations (c)

Deduction to employer via employee

638 stock ownership plans (a)Deferral to employee via employee

stock ownership plans (a)Denial of tax benefits to American

firms participating in foreign boy-cotts (a)

655 Depreciation, cattle-breeding animalsas capital assets subject to (c)

190 Income, converting ordinary to capi-tal gains (c)

198 Investment tax credit (c)Investment tax credit, effect of on cat-

tle-breeding operations (c)

Tenants In Common190 See Concurrent Estates

437 TortsDamages, punitive awards for defa-

mation in Oklahoma (a)168 Educational malfeasance (c)

(a) refers to articles; (f) refers to forums (c) refers to notes and comments; (r) refers to recent developments.

[Vol. 14:827

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SUBJECT INDEX

Forseeability, the irrelevance of asapplied to strict products liability(c)

Libel and slander, update on defama-tion in Oklahoma (a)

Pharmacist liability for misflled ormisbranded prescription pharma-ceuticals (c)

Products liability, alteration and mis-use defined by careless use and as-sumption of the risk analysis (c)

Products liability, assumption of riskas a proper defense even if productis defective (c)

Products liability, contributory negli-gence as it relates to comparativenegligence as a defense to (c)

Products liability, known versus un-known risks: risk allocation fromvictim to producer (c)

Products liability, negligence per seand strict products liability (c)

Products liability, proximate cause asdetermined by sequential chain ofevents test (C)

Products liability, state of the art andits elimination as a defense (c)

Strict liability, pharmacist liability forfailure to warn of risks of prescrip-tion pharmaceutical (c)

Trade RegulationsMerchantability, merchants held to

implied warranty under U.C.C. ar-ticle 2 (c)

Merchants, U.C.C. article 2 construed(c)

Merchants, U.C.C. article 2, reason-able commercial standards of fairdealing in the trades (c)

Fraud, good faith dealing amongmerchants (c)

Misrepresentation, holding merchantsto representations under U.C.C. ar-ticle 2 (c)

Prohibition against participation inboycott requests of foreign coun-tries (c)

Public utilities and tying arrange-ments (f)

Public utilities no longer exempt (f)Solar energy, use of antitrust laws to

encourage development of privateuse of (f

Statute of frauds applied to farmersunder U.C.C. article 2 merchantsections (c)

U.C.C. article 2 merchant sections,reasonable commercial standards

333 of fair dealing in trades (c)

40 Trial PracticeEvidence, competency of witnesses

under Oklahoma Evidence Code

590 (a)Evidence, examination and impeach-

ment of witnesses under Oklahoma377 Evidence Code (a)

Evidence, privileges under OklahomaEvidence Code (a)

370 Evidence, rules of relevancy, underOklahoma Evidence Code (a)

Evidence, use of opinion and expert

365 testimony under Oklahoma Evi-dence Code (a)

Resolving minor civil disputes,349 Oklahoma Small Claims Procedure

Act (f)

348 Uniform State Laws

Commercial transactions, reasonablecommercial standards of fair deal-

359 ing in trades (c)Definitions, duties and liability under

351 the ULPA. (a)Definitions, duties and liability under

the UPA. (a)590 U.C.C. article 2 merchant sections

construed (c)U.C.C. § 2-314(2)(e) (c)U.C.C. § 2-715 (c)

198 Vendors and PurchasersFraud, good faith dealing among

190 merchants (c)Interests compared under mortgage

0 and contract for deed (c)190 Misrepresentation, U.C.C. article 2,

holding merchants to representa-190 tions (c)

Remedies for breach under mortgageand contract for deed (c)

190 U.C.C. article 2 merchant sections ap-plied to farmers (c)

U.C.C. article 2, reasonable commer-695 cial standards of fair dealing in

trades (c)

92 WarrantyCommercial transactions, reasonable

commercial standards of fair deal-92 ing in trades, holding merchants to

representations (c)Merchantability, good faith dealing

200 among merchants (c)


1979]

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TULSA LAW JOURNAL

Prescription pharmaceuticals, appli-cation of implied warranty ofmerchantability (c)

WaterAllocation of Oklahoma ground

water (a)

WitnessesCompetency and impeachment of

under Oklahoma Evidence Code(a)

Impeachment, prior inconsistentstatement used for (a) 655

590 Use of hypnosis to refresh memory (r) 630

Zoning LawDownzoning in Oklahoma, (c) 798

(a) refers to articles; (0 refers to forums; (c) refers to notes and comments; (r) refers to recent developments,

[Vol. 14:827

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