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Articles - Authors/Articles - Titles - Volume 8 (1969-1970)

Duquesne Law Review

No abstract provided.

Book Reviews - Reviewers - Volume 8 (1969-1970)

Duquesne Law Review

No abstract provided.

Comments - Titles/Recent Decisions - Titles - Volume 8 (1969-1970)

Duquesne Law Review

No abstract provided.

Commentaries - Authors/Commentaries - Titles - Volume 8 (1969-1970)

Duquesne Law Review

No abstract provided.

Book Reviews - Titles/Cases Noted - Volume 8 (1969-1970)

Duquesne Law Review

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Title Page - Volume 9 (1970-1971)

Duquesne Law Review

No abstract provided.

Iron Curtain Statutes - What Is The Standard Of Constitutionality?, Frederick B. Gieg Jr.

Duquesne Law Review

The epic decision of the United States Supreme Court in Zschernig v. Miller has raised much controversy regarding Iron Curtain Statutes. As a consequence, probate courts are scrutinizing the legislation of their own states which control the devolution of property to nonresident aliens. The Zschernig decision has jeopardized the constitutionality of all probate statutes. This article will proceed to analyze the probate statutes and decisions, prior and subsequent to Zschernig, with an eye toward showing that the state courts have overreacted to the decision, and in many instances are applying it indiscriminately.

Municipal Taxation - Charitable Exemption - Tax Enabling Act, Ronald M. Stein

Duquesne Law Review

The Supreme Court of Pennsylvania has held a municipality cannot tax the gross receipts of hospitals and other institutions under the Local Tax Enabling Act.

Appeal of Hospital Council of Western Pennsylvania v. City of Pittsburgh, 439 Pa. 295, 266 A.2d 619 (1970).

The City of Pittsburgh, pursuant to the Local Tax Enabling Act, passed the Institution and Service Privilege Tax Ordinance, levying a 6 mill tax on the gross receipts of institutions performing services in the city. The institutions were defined as: "any organization, corporation, unincorporated association or any other entity, including but not limited to, hospitals, nursing …

Economic And Legal Philosophies Relating To Conglomerate Mergers, Robert Broughton, Ronald P. Tarullo

Duquesne Law Review

The topic of this paper' originally entitled "Recent and Dynamic Changes In Economic and Legal Philosophies Relating to Mergers," has many facets. We shall try to identify the current merger trends, relying on legal and economic analysis. Our theme is a thin trail through an incredibly ovegrown thicket. We seek to identify: (1) the existence of a merger problem; (2) the change in this movement starting in 1968; (3) the legal framework under which existing regulating policy is directed; (4) current interpretations of Section 7 of the Clayton Act as it relates to the conglomerate movement; (5) actions taken by …

Air Pollution Control In Allegheny County - Will It Be Smothered By Appellate Procedure?, Robert S. Bailey

Duquesne Law Review

One of the many reactions to the recent public uproar over the state of the world's ecology was manifested in a set of strict air pollution control laws promulgated for Allegheny County. In order to understand the character of these county air pollution control laws, a basic acquaintance with the enabling legislation is helpful.

Products Liability - Real Property - Builder-Vendors, Stephen M. Sokol

Duquesne Law Review

The Court of Appeals of California has held that the doctrine of strict liability applies to home builders and that privity of contract is no longer required to maintain the action.

Kriegler v. Eichler Homes, Inc., 74 Cal. Rptr. 749 (1969).

Criminal Law - Abortion Statute - Due Process, Joseph C. Visalli

Duquesne Law Review

The Supreme Court of California has held that a statute prohibiting abortions not "necessary to preserve" the mother's life is so vague and uncertain as to be violative of the Fourteenth Amendment's Due Process Clause.

People v. Belous, 80 Cal. Rptr. 354, 458 P.2d 194 (1969).

Torts - Damages - "Impact Rule", Frank M. Mcclellan

Duquesne Law Review

The Pennsylvania Supreme Court has held that plaintiff could recover for physical injuries resulting from fright and shock without showing a physical impact if plaintiff was in danger of physical impact because of the direction of a negligent force against him.

Niederman v. Brodsky, ___ Pa. ___ , 261 A.2d 84 (1970).

Table Of Cases - Volume 9 (1970-1971)

Duquesne Law Review

No abstract provided.

Articles - Authors - Volume 9 (1970-1971)

Duquesne Law Review

No abstract provided.

Project - Title/Recent Decisions - Titles - Volume 9 (1970-1971)

Duquesne Law Review

No abstract provided.

Criminal Law - Murder - Felony Murder Rule, J. Alan Johnson

Duquesne Law Review

No abstract provided.

Domestic Relations - Evidence - Presumption Of Legitimacy, Dennis E. Mcardle

Duquesne Law Review

No abstract provided.

Book Reviews, William H. Eckert, Jonathan Weiss, David L. Meister

Duquesne Law Review

No abstract provided.

Criminal Law - The Presumption Of Sanity - Burden Of Proving Sanity Or Insanity, Ronald C. Mokowski

Duquesne Law Review

The Pennsylvania Supreme Court has held that insanity is a defense to murder, but was unable to come to any agreement as to the effect of the presumption of sanity, and the burden of proving sanity or insanity.

Commonwealth v. Vogel, 440 Pa. 1, 268 A.2d 89 (1970).

The defendant, Dennis Vogel, shot and killed two persons while carrying out an armed robbery. At his trial, he pleaded not guilty by reason of insanity. The defense presented four eminent psychiatrists to establish Vogel's legal insanity in accordance with the M'Naghten rule. The commonwealth offered no testimony to rebutt or …

Table Of Cases - Volume 8 (1969-1970)

Duquesne Law Review

No abstract provided.

Disparaging The Product - Are The Remedies Reliable?, Edward L. Graf

Duquesne Law Review

"Disparagement" is defined by the Restatement of the Law of Torts as "matter which is intended by its publisher to be understood to cast doubt upon the existence or extent of another's property in land, chattels or intangible things, or upon their quality .. ." The act has been similarly designated as "Injurious Falsehood" and "Trade Libel." Simply stated, it is "knocking the competitor," an act as old as competitive business and one which takes on new significance in this age of effective and far-reaching communications.

Practical Benefits For The Accused - A Case Comparison Of The U.S. Civilian And Military Systems Of Justice, Irvin M. Kent

Duquesne Law Review

On 2 June 1969, a majority of the Supreme Court of the United States in O'Callahan v. Parker decided that, in order to preserve to military personnel the benefits of indictment by grand jury and a trial by a jury of his peers, U. S. Courts-Martial did not have jurisdiction of off-post, non-service connected offenses. There is no doubt that a majority of the Justices of the Supreme Court felt that this decision was essential to preserve these important civil rights for accused servicemen. There is equally no doubt that, as a result of this decision, great numbers of servicemen …

Right To Treatment - An Editor's Introduction To Treating The Mentally Ill, The Editor

Duquesne Law Review

The theory of a "right to treatment" was first presented to the public in 1960 by the lawyer-physician Morton Birnbaum. Dr. Birnbaum s advocacy of a right to treatment for inmates of public mental institutions is founded upon a sociomedical basis, and upon the constitutional basis of due process of law-a mentally ill person should not be deprived of his liberty in a mental institution if he is not receiving adequate treatment for his illness. Dr. Birnbaum noted that most inmates do not receive adequate treatment, and that to date, only two courts have explicitly recognized such a right. Only …

Treating The Untreatable - A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron D. Twerski

Duquesne Law Review

Dr. Birnbaum has presented in a most eloquent fashion his case for the right to treatment. His position is simple and is easily understood. No person should be involuntarily confined to a mental institution if he will not receive meaningful treatment. To do otherwise would be to deprive one of liberty without due process of law. Dr. Birnbaum's position that substantive due process requires substantive treatment it seems to me is irrefutable. If we assume that the patient who is confined against his will is not "dangerous" to society in the strictest sense of that word, then the only defensible …

Rights Of The Surviving Spouse Under The Pennsylvania Wills And Estates Statutes, William James Mckim

Duquesne Law Review

The rights of the surviving spouse in the estate of his deceased mate are governed by three statutes in Pennsylvania. The first of these is section 2 of the Intestate Act which sets forth the intestate share. Then there is section 11 of the Estates Act which allows a surviving spouse to treat as testamentary certain inter vivos conveyances. Finally, section 8 of the Wills Act provides the right to take against the will. It is the purpose of this paper to examine the latter two sections in light of how the Pennsylvania courts have applied them.

Criminal Procedure - Right To Counsel - Indentification Evidence, Marcia I. Lappas

Duquesne Law Review

The Court of Appeals for the Third Circuit, by extending the rule of United States v. Wade, has held that an accused who is in custody has a right to counsel at pre-trial photographic identifications; that evidence of such out-of-court identifications conducted in the absence of the accused's counsel is not admissible at trial; and that the eyewitnesses in question are not competent to make in-court identifications.

United States v. Zeiler, 427 F.2d 1305 (3d Cir. 1970).

Over a period of more than five years, the Pittsburgh area was the victim of a series of bank robberies, all …

Constitutional Law - The Maximum Welfare Grant, Thomas Nelson Silverman

Duquesne Law Review

The Supreme Court of the United States has held that the State of Maryland may, pursuant to its maximum grant regulation, limit the amount of AFDC public assistance to large-member welfare families without violation of the Equal Protection Clause.

Dandridge v. Williams, 90 S. Ct. 1153 (1970).

In conjunction with the federal Aid to Families with Dependent Children program, the State of Maryland adopted a "maximum grant" regulation which provided-for a ceiling on the amount of AFDC public assistance available to any single family unit. Appellees, AFDC recipients, brought suit to enjoin the application of the Maryland maximum grant …

Products Liability - "Bad Blood" - Strict Liability, Charles W. Kenrick

Duquesne Law Review

The Supreme Court of Pennsylvania has held that an administrator of a decedent who died of hepatitis allegedly as a result of a transfusion with contaminated blood may maintain a cause of action against a hospital for breach of implied warranties of merchantibility and fitness.

Hoffman v. Misericordia Hospital of Philadelphia, 439 Pa. 501, 267 A.2d 867 (1970).

Margaret Sullivan entered Misericordia Hospital on May 2, 1967 for the birth of a child. Postnatal complications developed requiring that she receive transfusions of whole blood. The transfused blood was supplied partially by the hospital from its own reserves and partially …

Slayer's Act - Joint Tenancy - Partition By Creditor, Henry S. Perkin

Duquesne Law Review

The Supreme Court of Pennsylvania has held that an execution sale of a slayer's jointly held property constitutes a severance of the joint tenancy and the buyer at such sale takes a fee interest in the property purchased free from the right of survivorship which had previously existed in the decedent's estate.

Larendon Estate, 439 Pa. 535, 266 A.2d 763 (1970).

Robert B. Dalton and John R. Larendon, the decedent, purchased and took title to certain tracts of land in Chester County, Pennsylvania as joint tenants with the right of survivorship. On December 7, 1960, Larendon was murdered by …