Indiana Law Review I Per/off/r;?; Colli ";; Cooper* Volume 27 No. 3 1994 INDIANA UNIVERSITY SCHOOL OF LAW-!!\iDPLS. U8ii Lights in ^1 ^^oopera avid C Crago, Abandoning Parents Under Intestacy: Where We Are, Where We Need to Go Anne-Marie E. Rhodes EPCRA'S Collision With Federalism Nicholas J. Johnson NOTES Professional Malpractice and Federal Common Law in Thrift-Crisis Litigation: Is the FDIC a "Super-Receiver"? Thomas A. Dickey A Class Act: Forces of Increased Awareness, Expanded Remedies, and Procedural Strategy Converge to Combat Hostile Workplace Environments Jan Michelsen The Guides To The Evaluation of Permanent Impairment and Workers' Compensation in Indiana Charles Richard O'Keefe BOOK REVIEW Doctors' Conflicts of Interest (& Altruism) in the United States and Great Britain Frances H. Miller Digitized by the Internet Archive in 2011 with funding from LYRASIS IVIembers and Sloan Foundation http://www.archive.org/details/indianalawreview27394unse ''"llection Career Move. 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INDIANA LAW REVIEW INDIANA UNIVERSITY SCHOOL OF LAW-INDIANAPOLIS 735 West New York Street Indianapolis, Indiana 46202 Subscription Rates (one year): Regular, $25; Foreign, $28; Student, $17 (4 issues) Single Issue, $8; Survey Issue $17 Indiana Law Review Volume 27 1993-94 Editor-in-Chief Jan Michelsen Executive Managing Editor Brad A. Galbraith Executive Editor Executive Editor Notes and Topics Articles Patrick J. Preston Deborah G. Hepler Note Development Editors Articles Editors David M. Leonard Joseph R. Alberts M. Kathryn Miller Thomas A. Dickey Leland Paynter Jeff M. Lozer Dan Starr Melissa Murrell Tracy Vacek Lowell Woods Associate Editors Tonya Byes-Parker Greg Nester Steven P. Caltrider Charles O'Keefe Timothy C. Caress Andrew Spencer Tim Corbin Catherine Trevison Ralph E. Dowling Leanna Weissmann Bill Gigowski John Wilkowski E. Sean Griggs Tim Wiseman Ricki Jo Hoffmann Editorial Assistant Amy Morrison Grubbs Faculty Advisor Debra A. 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Indiana Law Review Volume 27 1994 Number 3 Copyright ® 1994 by the Trustees of Indiana University TABLE OF CONTENTS ARTICLES Cooperative Dissent: Dissenting Shareholder Rights in Agricultural Cooperatives David C. Crago 495 Abandoning Parents Under Intestacy: Where We Are, Where We Need to Go Anne-Marie E. Rhodes 517 EPCRA'S Collision With Federalism Nicholas J. Johnson 549 NOTES Professional Malpractice and Federal Common Law in Thrift-Crisis Litigation: Is the FDIC a "Super-Receiver"? . Thomas A. Dickey 577 A Class Act: Forces of Increased Awareness, Expanded Remedies, and Procedural Strategy Converge to Combat Hostile Workplace Environments Jan Michelsen 607 The Guides To The Evaluation of Permanent Impairment and Workers' Compensation in Indiana Charles Richard O'Keefe 647 BOOK REVIEW Doctors' Conflicts of Interest (& Altruism) in the United States and Great Britain Frances H. Miller 687 Volume 27 Number 3 The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is pubhshed quarterly by the Indiana University School of Law—Indianapolis, which assumes complete editorial responsibility thereof. Subscription rates: one year $25; foreign $28. Please notify us one month in advance of any change in address and include both old and new addresses with zip codes to ensure delivery of all issues. Send all correspondence to Editorial Assistant, Indiana Law Review, Indiana University School of Law—Indianapolis, 735 W. New York Street, Indianapolis, Indiana 46202. Publication office: 735 W. New York Street, Indianapolis, Indiana 46202. Second class postage paid at Indianapolis, Indiana 4620L POSTMASTER: Send address changes to INDIANA LAW REVIEW, 735 W. New York Street, Indianapolis, Indiana 46202. ® The entire text of this Law Review is printed on recycled paper. Indiana University School of Law—Indianapolis 1993-94 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 ofLaw. 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. JONNA M. Kane, Assistant Dean for External Affairs and Acting Assistant Dean for Student Affairs. J.D., Indiana University—Indianapolis. JONI D. Thompson, Assistant Dean for Development. M.S., Ball State University. Angela M. Esp.ADA, Assistant Dean for Admissions. J.D., Indiana University—Bloomington. George Dremonas, Acting Director of Career Services. J.D., Indiana University — Indianapolis. Faculty Cynthia M. Adams, Lecturer in Law. B.A., Kentucky Wesleyan College, J.D., Indiana University—Indianapolis. Thomas B. Allington, Associate Dean and Professor of Law. B.A., 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 of Law 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 ofLaw. 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., Mount 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. William F. Harvey, Carl M. Gray Professor ofLaw & Advocacy. A.B., University of Missouri; J.D., LL.M., Georgetown University. Paul T. Hayden, Associate 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. 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., New York University. Henry C. Karlson, Professor of Law. A.B., J.D., LL.M., University of Illinois. William Andrew Kerr, Professor ofLaw. A.B., West Virginia University; J.D., LL.M., Harvard University; B.D., 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. Krjeger, Associate Professor of Law. A.B., Bellarmine College; J.D., University of Louisville; LL.M., George Washington University. Norman Lefstein, Dean and Professor ofLaw. LL.B., University of Illinois; LL.M., Georgetown University. William E. Marsh, Professor of Law. B.S., J.D., University of Nebraska. Lynn A. McDowell, Clinical Supervisor. B.S. Indiana University; J.D., Indiana University — Indianapolis. Deborah McGregor, Lecturer in Law. B.A., University of Evansville; J.D., Georgetown University. SUSANAH M. Mead, Professor of Law. B.A., Smith College; J.D., Indiana University — Indianapolis. Mary H. Mitchell, Professor of Law. A.B., Butler University; J.D., Cornell Law School. James P. Nehf, 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. Leslye a. Obiora, Assistant Professor of Law. LL.B., University of Nigeria; LL.M., Yale Law School; J.S.D. Candidate Stanford Law School. 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. Fran Quigley, Visiting Assistant Professor of Law. B.A., Hanover College; M.A.. Indiana University—Bloomington; J.D., Indiana University—Indianapolis. Joan M. Ruhtenberg, Director of Legal Writing. B.A., Mississippi University for Women; J.D., Indiana University—Indianapolis. Andrew T. Solomon, Lecturer in Law. A.B., University of Michigan; J.D., Boston University. 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 ofLaw 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. 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., University of Iowa. 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. Chris E. Long, Visiting Catalog Librarian. B.A., Indiana University; M.A., Indiana 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 University. KlYOSHI 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.