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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