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48 Ariz. L. Rev. [i] (2006)

handle is hein.journals/arz48 and id is 1 raw text is: AR I Z ONA REVI EW VOLUME 48 2006 NUMBER 1 CONTENTS PAGE ARTICLES GRANDPARENTS RAISING GRANDCHILDREN AND THE IMPLICATIONS FOR INHERITANCE Kristine S. Knaplund 1 Today in the United States, thousands of grandparents are raising their young grandchildren because the children's parents are ill, disabled, imprisoned, or otherwise unable to care for them. Although most grandparents assume the arrangement is temporary, and thus no courts or social service agencies are involved, in fact more than forty percent of the time the care continues for five years or more. If the grandparent dies intestate, laws in all fifty states provide that the grandchild's absent parent inherits all. The grandchild, although raised as a child of the grandparent, inherits nothing. This Article examines existing doctrines, such as equitable adoption and pretermitted child statutes, and policies adopted in other countries, such as family maintenance systems, and their effects on the grandchildren. In the end, this Article concludes that the simplest solution of writing a will to avoid intestacy statutes may be the best. PRUDENTIAL STANDING AND THE DORMANT COMMERCE CLAUSE: WHY THE ZONE OF INTERESTS TEST SHOULD NOT APPLY TO CONSTITUTIONAL CASES Bradford C. Mank 23 The Fifth Circuit in National Solid Waste Management Ass 'n v. Pine Belt Regional Solid Waste Management Authority used the prudential zone of interests standing test to bar the plaintiffs, who met constitutional standing requirements, from filing a facial, per se challenge under the dormant Commerce Clause, which prohibits state or local laws that interfere with interstate commerce. The Supreme Court had invalidated as facially discriminatory a similar flow control ordinance requiring all local waste be processed by a government-approved processor, thus excluding all other in-state or out-of-state firms. This Article will show that tying the murky zone of interests test to the ill-defined dormant Commerce Clause doctrine is counterproductive. Courts should require constitutional litigants to show only that they have constitutional standing without the additional hurdle of meeting the zone of interests standing test.

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