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Social Worker Qualifies As A Criminal Justice Expert For The Purposes Of Classifying A Sex Offender As A Sexually Violent Predator: Commonwealth V. Conklin, Jarrod T. Takah

Duquesne Law Review

To carry its burden of proving that a sex offender is a sexually violent predator, the Commonwealth need not provide a clinical diagnosis by a licensed psychiatrist or psychologist; the opinion of a qualified criminal justice expert suffices.

Commonwealth v. Conklin, 897 A.2d 1168 (Pa. 2006).

Congress' Regulation Of Intrastate, Noncommercial Cultivation And Possession Of Medicinal Marijuana Under The Controlled Substances Act Is A Constitutional Exercise Of Its Commerce Clause Authority: Gonzales V. Raich, Emily K. Nicholson

Duquesne Law Review

The Supreme Court held that Congress can regulate the intrastate, noncommercial cultivation and possession of medicinal marijuana through the Controlled Substances Act pursuant to its authority under the Commerce Clause of the United States Constitution.

Gonzales v. Raich, 125 S. Ct. 2195 (2005).

Recent Developments In The Law: Public Sector Labor Relations, Jeffrey P. Bauman

Duquesne Law Review

The Commonwealth Court of Pennsylvania recently rendered two notable decisions, Office of Administration v. Pennsylvania Labor Relations Board and Gehring v. Pennsylvania Labor Relations Board, which raise the specter of a potential sea change in the breadth of individual employee rights under the Public Employee Relations Act (PERA) and those statutory provisions giving police and firefighters collective bargaining rights commonly known as Act 111. This article will summarize and analyze these two prominent labor decisions in an effort to highlight current issues and themes in this critical area of the law.

Malice Necessary To Convict For Third-Degree Murder In Pennsylvania Still Requires Wickedness Of Disposition And Hardness Of Heart: Commonwealth V. Santos, Jean M. Mosites

Duquesne Law Review

The Pennsylvania Supreme Court held that a defendant can be found to have acted with malice when the evidence shows that he recklessly used a gun in deliberate disregard of the danger posed to others.

Commonwealth v. Santos, 876 A.2d 360 (Pa. 2005).

Pennsylvania Pharmacists Should No Longer Assume That They Have No Duty To Warn, Robert A. Gallagher

Duquesne Law Review

No abstract provided.