Indiana Law Review PA ARTICLES jsfers Prior to Marriage and the Uniform Probate Code's Redesigned Elective Share—Why the Partnership is Not Yet Complete Rena C. Seplowitz Police Power Absolutism and Nullifying the Free Exercise Clause: A Critique of Oregon v. Smith John Delaney Winning Isn't Everything, It's the Only Thing. Violence in Professional Sports: The Need for Federal Regulation and Criminal Sanctions Daniel R. Karon NOTES CERCLA's Web of Liability Ensnares Secured Lenders: The Scope and Application of CERCLA's Security Interest Exception Statutory Control of DNA Fingerprinting in Indiana An Analysis of Koske v. Townsend Engineering: The Relationship Between the Open and Obvious Danger Rule and the Consumer Expectation Test "Lawsuit For Sale": An Analysis of the Assignability of Legal Malpractice Claims BOOK REVIEW Narrative and the Legal Neighborhood Thomas Patrick Gannon Jay A. Ziemer Career Move. 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Olinger Kathryn A. Hillebrands Stephaine L. Paine Julia Bunton Jackson Katherine Coble Pierce Lawrence R. Kemm Charles S. Roach Thomas E. Mixdorf Vickie R. Shaw Laurie S. Morone Sally A. Voland Rebekah N. Murphy Barbara J. Weigel Kathryn W. Williams Editorial Assistant Amy Morrison Grubbs Faculty Advisor Debra A. Falender B&Z66/0 Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Editorial and Business Offices are located at: Indiana Law Review 735 W. New York Street Indianapolis, IN 46202 (317) 274-4440 Subscriptions. The current subscription rates are $25.00 per four-issue volume (domestic mailing) and $28.00 (foreign mailing). Unless the Business Office receives notice to the contrary, all subscriptions will be renewed automatically. Address changes must be received at least a month prior to publication to ensure prompt delivery and must include old and new addresses and the proper zip code. Single and Back Issues. 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Opinions expressed are those of the contributor and are not presented as the views of the Indiana Law Review, its editors, or Indiana University School of Law-Indianapolis. Indiana Law Review Volume 25 1991 Number 1 Copyright © 1991 by the Trustees of Indiana University TABLE OF CONTENTS Articles Transfers Prior to Marriage and the Uniform Probate Code's Redesigned Elective Share—Why the Partnership is Not Yet Complete Rena C. Seplowitz 1 Police Power Absolutism and Nullifying the Free Exercise Clause: A Critique of Oregon v. Smith John Delaney 71 Winning Isn't Everything, It's the Only Thing. Violence in Professional Sports: The Need for Federal Regulation and Criminal Sanctions Daniel R. Karon 147 Notes CERCLA's Web of Liability Ensnares Secured Lenders: The Scope and Application of CERCLA's Security Interest Exception Scott R. Alexander 165 Statutory Control of DNA Fingerprinting in Indiana Joe Liebeschuetz 205 An Analysis of Koske v. Townsend Engineering: The Relationship Between the Open and Obvious Danger Rule and the Consumer Expectation Test Jodie L. Miner 235 "Lawsuit For Sale": An Analysis of the Assignability of Legal Malpractice Claims Rebecca J. Seamands 257 Book Review Narrative and the Legal Neighborhood Thomas Patrick Gannon Jay A. Ziemer 289 Volume 25 1991 Number 1 ® The entire text of this Law Review is printed on recycled paper. Indiana University School of Law—Indianapolis 1991-92 ADMINISTRATIVE OFFICERS AND FACULTY Administrative Officers Thomas M. Ehrlich, President of the University and Professor of Law. LL.B., Harvard University. Gerald L. Bepko, Vice-President, Indiana University; Chancellor, Indiana University- Purdue University at Indianapolis and Professor of Law. J.D., IIT/Chicago-Kent College of Law; LL.M., Yale University. Norman Lefstein, Dean and Professor of Law. LL.B., University of Illinois; LL.M., Georgetown University. Thomas B. Allington, Associate Dean for Academic Affairs and Professor of Law. J.D., University of Nebraska; LL.M., New York University. Arlene G. Anderson, Assistant Dean for Student Affairs. J.D., Indiana University- Indianapolis. Jonna M. Kane, Assistnat Dean for External Affairs. J.D., Indiana University-Indianapolis. Joni D. Thompson, Assistant Dean for Development. M.S., Ball State University. Angela M. Espada, Assistant Dean for Admissions. J.D., Indiana University-Bloomington. Faculty Thomas B. Allington, Associate Dean and Professor of Law. B.S., J.D., University of Nebraska; LL.M., New York University. Edward P. Archer, Professor of Law. B.M.E., Rensselaer Polytechnic Institute; J.D., LL.M., Georgetown University. James F. Bailey, III, Professor ofLaw and Director of Law Library. A.B., J.D., M.A.L.S., University of Michigan. Gerald L. Bepko, Vice President, Chancellor and Professor of Law. B.S., Northern Illinois University; J.D., IIT/Chicago-Kent College of Law; LL.M., Yale University. Robert Brookins, Associate Professor of Law. B.S., University of Southern Florida; J.D., Ph.D., Cornell University. Daniel H. Cole, Assistant Professor of Law. A.B., Occidental College; A.M., University of Chicago; J.D., Lewis and Clark College; J.S.M., Stanford Law School. Paul N. Cox, Professor of Law. B.S., Utah State University; J.D., University of Utah; LL.M., University of Virginia. Clyde Harrison Crockett, Professor of Law. A.B., J.D., University of Texas; LL.M., University of London (The London School of Economics and Political Science). Debra A. Falender, Professor of Law. A.B., Mouth Holyoke College; J.D., Indiana University-Indianapolis. David A. Funk, Professor of Law. A.B., College of Wooster; J.D., Case Western Reserve University; M.A., The Ohio State University; LL.M., Case Western Reserve University; LL.M., Columbia University. Paul J. Galanti, Professor of Law. A.B., Bowdoin College; J.D., University of Chicago. Helen P. Garfield, Professor of Law. B.S.J. , Northwestern University; J.D., University of Colorado. Harold Greenberg, Professor of Law. A.B., Temple University; J.D., University of Pennsylvania. Jeffrey W. Grove, Professor of Law. A.B., Juniata College; J.D., George Washington University. Frances W. Hardy, Clinical Assistant Professor of Law. B.S., Ball State University; J.D., Indiana University-Indianapolis. William F. Harvey, Carl M. Gray Professor of Law & Advocacy. A.B., University of Missouri; J.D., LL.M., Georgetown University. Paul T. Hayden, Assistant Professor of Law. B.A., Yale University; J.D., University of California, Los Angeles. W. William Hodes, Professor of Law. A.B., Harvard College; J.D., Rutgers Newark. Lisa C. Ikemoto, Assistant Professor of Law. B.A., University of California, Los Angeles; J.D., University of California, Davis; LL.M., Columbia University. Lawrence A. Jegen, III, Thomas F. Sheehan Professor of Tax Law and Policy. A.B., Beloit College; J.D., M.B.A., The University of Michigan; LL.M., Harvard University. Henry C. Karlson, Professor of Law. A.B., J.D., LL.M., University of Illinois. William Andrew Kerr, Professor of Law. A.B., West Virginia University; J.D., LL.M., Harvard University; D.B., Duke University. Eleanor D. Kinney, Professor of Law and Director of the Center for Law and Health. B.A., Duke University; M.A., University of Chicago; J.D., Duke University; M.P.H., University of North Carolina. Walter W. Krieger, Associate Professor of Law. A.B., Bellarmine College; J.D., Uni- versity of Louisville; LL.M., George Washington University. Norman Lefstein, Dean and Professor of Law. LL.B., University of Illinois; LL.M., Georgetown University. Deborah McGregor, Lecturer in Law. B.A., University of Evansville; J.D., Georgetown University. William E. Marsh, Professor of Law. B.S., J.D., University of Nebraska. Susanah M. Mead, Professor of Law. B.A., Smith College; J.D., Indiana University- Indianapolis. Mira Mihajlovich, Lecturer in Law. B.A., Indiana University; M.P.A., University Texas; J.D., Indiana University-Bloomington. Mary H. Mitchell, Professor of Law. A.B., Butler University; J.D., Cornell Law School. James P. Nehf, Assistant Professor of Law. B.A., Knox College; J.D., University of North Carolina. Thomas R. Newby, Lecturer in Law. A.B., J.D., Indiana University-Bloomington. Kimberly E. O'Leary, Clinical Assistant Professor of Law. B.A., Oberlin College; J.D., Northwestern University. David R. Papke, Professor of Law and American Studies. A.B., Harvard College; J.D., Yale University; M.A. in American Studies, Yale University; Ph.D. in American Studies, The University of Michigan.* Ronald W. Polston, Professor of Law. B.S., Eastern Illinois University; LL.B., University of Illinois. Joan M. Ruthenberg, Director of Legal Writing. B.A., Mississippi University for Women; J.D., Indiana University-Indianapolis. Andrew T. Soloman, Lecturer in Law. A.B., University of Michigan; J.D., Boston University. David E. Sorkin, Lecturer in Law. B.S. Bus., B.A., Indiana University; J.D., Harvard Law School. Kenneth M. Stroud, Professor of Law. A.B., J.D., Indiana University-Bloomington. James W. Torke, Professor of Law. B.S., J.D., University of Wisconsin. Joanne Orr Van Pelt, Visiting Assistant Professor. J.D., California Western. James Patrick White, Professor of Law and Consultant on Legal Education to the American Bar Association. A.B., University of Iowa; J.D., LL.M., George Washington University. Lawrence P. Wilkins, Professor of Law. B.A., The Ohio State University; J.D., Capital University Law School; LL.M., University of Texas. Mary T. Wolf, Director of Clinical Programs. B.A., Saint Xavier College; J.D., University of Iowa College of Law. Emeriti Agnes P. Barrett, Associate Professor Emerita. B.S., J.D., Indiana University. Cleon H. Foust, Professor Emeritus. A.B., Wabash College; J.D., University of Arizona. John S. Grimes, Professor of Jurisprudence Emeritus. A.B., J.D., Indiana University. Melvin C. Poland, Cleon H. Foust Professor of Law Emeritus. B.S., Kansas State University; LL.B., Washburn University; LL.M., University of Michigan. R. Bruce Townsend, Cleon H. Foust Professor of Law Emeritus. A.B., Coe College; J.D., Universitv of Iowa. Adjunct Faculty Cynthia M. Adams, J.D., Indiana University-Indianapolis. Richard P. Good, J.D., Indiana University-Indianapolis. Ralph F. Hall, J.D., University of Michigan. Grant W. Hawkins, J.D., Indiana University-Indianapolis. Thomas Q. Henry, J.D., Indiana University-Indianapolis. Swadesh S. Kalsi, LL.M., George Washington University. Larry A. Landis, J.D., Indiana University-Indianapolis. Jane Maynus, J.D., Indiana University-Indianapolis. Sharon F. Murphy, J.D., Indiana University-Indianapolis. Laura C. Nehf, J.D., University of Georgia. Gary P. Price, J.D., Indiana University-Indianapolis. Thomas R. Ruge, J.D., Valparaiso University. Geoffrey Segar, J.D., Indiana University-Bloomington. Patricia P. Wagner, J.D., Indiana University-Indianapolis. Law Library Faculty James F. Bailey III, Professor and Director of Law Library. A.B., J.D., M.A.L.S., University of Michigan. Minde C. Glenn, Assistant Director for Readers' Services. B.A., Western Michigan University; M.L.S., Indiana University. Wendell E. Johnting, Catalog Librarian. A.B., Taylor University; M.L.S., Indiana University. Mahnaz K. Moshfegh, Acquisition/Serials Librarian. B.A., National University of Iran; M.S., Tehran University; M.A., Ball State University; M.L.S., Ph.D., Indiana Uni- versity. Kiyoshi Otsu, Computer System Specialist and Catalog Librarian. A.A., Parkland College; A.B., M.S., C.A.S., University of Illinois.** Terence L. Rose, Reference Librarian. B.G.S., M.L.S., University of Michigan. * On leave 1991-92. ** On leave at Tenri University, Nara, Japan, 1991-92.