Law Commons^™

Cutting The Strings: How To Create A Family Limited Partnership In Pennsylvania Without Being Subject To Section 2036(A) Of The Internal Revenue Code, Sara A. Miller

Duquesne Law Review

No abstract provided.

Pennsylvania Residents Are Without Standing To Challenge Both The Gaming Board's Grant Of Casino Licenses And The Constitutionality Of Section 1204 Of The Pennsylvania Race Horse Development And Gaming Act: Society Hill Civic Association V. Pennsylvania Gaming Control Board, Logan Scott Fisher

Duquesne Law Review

The Supreme Court of Pennsylvania denied residents' petition for review of the grant of casino licenses for lack of standing because petitioners failed to pursue intervention to achieve party status and were not aggrieved.

Soc'y Hill Civic Ass'n v. Pa. Gaming Control Bd., 928 A.2d 175 (Pa. 2007).

Statutory Procedural Deadlines Are Jurisdictional In Nature For All Civil Cases And Therefore Must Never Be Equitably Excused: Bowles V. Russell, Joseph A. Valenti

Duquesne Law Review

The United States Supreme Court held that a federal statute imposing a fourteen-day time limit for the filing of notice of appeal in federal civil court must be construed as a jurisdictional requirement that is impossible to equitably excuse for any reason.

Bowles v. Russell, 127 S. Ct. 2360 (2007).

Republication As Proof Of Actual Malice In A Previous Defamatory Publication: Weaver V. Lancaster Newspapers, Inc., Diane M. Pisani

Duquesne Law Review

The Supreme Court of Pennsylvania held that republication of a defamatory statement made by a defendant may be used to prove actual malice in the initial publication of the defamatory statement.

Weaver v. Lancaster Newspapers, Inc., 926 A.2d 899 (Pa. 2007).

Two Roads Diverged In A Yellow Wood - The Pennsylvania Supreme Court's Seven Year Walk To Arrive Right Back At The Fork: Gehring V. Pennsylvania Labor Relations Board, Timothy D. Houston

Duquesne Law Review

No abstract provided.

Charities And The Orphans' Court, Marc S. Cornblatt, Bruce P. Merenstein

Duquesne Law Review

No abstract provided.

Archaic, Inequitable, And Unconstitutional: Why Now Is The Time For An Overhaul Of Property Assessment Laws In Pennsylvania, And How Reform Could Impact All Pennsylvania Real Property Owners, Rory Hassler

Duquesne Law Review

No abstract provided.

The Mental Health Security For America's Families In Education Act: Helping Colleges And Universities Balance Students' Privacy And Personal Safety, Sarah G. Johnston

Duquesne Law Review

No abstract provided.

National Bank Operating Subsidiaries Are Subject To Exclusive Visitorial Authority By Occ As The Nba And Occ Regulations Preempt State Visitorial Authority Law: Watters V. Wachovia Bank, Timothy D. Kravetz

Duquesne Law Review

The Supreme Court held that an Office of the Comptroller of Currency regulation that interpreted the National Bank Act to treat a national bank operating subsidiary by the same terms and conditions as the parent national bank worked in pari materia with the National Bank Act in preempting state law governing visitorial authority over non-national bank mortgage lending companies.

Watters v. Wachovia Bank, N.A., 127 S. Ct. 1559 (2007).

The Four R'S Revisited: Regulations, Rulings, Reliance, And Retroactivity In The 21st Century: A View From Within, Mitchell Rogovin, Donald L. Korb

Duquesne Law Review

No abstract provided.

Qualified Intermediaries And The Taxpayers Who Trust Them: The Case Of The Like-Kind Exchanger With Nothing To Exchange, Matthew D. Haydo

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 46, Number 4, Summer 2008

Duquesne Law Review

No abstract provided.

Requiem For Pennsylvania's Rule Against Perpetuities?, Martha W. Jordan

Duquesne Law Review

No abstract provided.

Audiotapes Heard At Preliminary Criminal Hearings Are Regarded As Public Judicial Records Subject To The Presumption Of Openness Associated With Criminal Trials And Are Accessible To The Public For Duplication: Commonwealth V. Upshur, Nicole L. Klos

Duquesne Law Review

The Pennsylvania Supreme Court held that an audiotape played at a public preliminary criminal hearing was a public judicial record or document; therefore, it is subject to the presumption of openness, and the public is entitled to have access to review and copy such evidence.

Commonwealth v. Upshur, 924 A.2d 642 (Pa. 2007).

Prosecutors Are Permitted To Display Admissible Weapons To Juries During Opening Statements In Pennsylvania: Commonwealth V. Parker, Amanda R. Lusk

Duquesne Law Review

The Pennsylvania Supreme Court held that the trial court did not abuse its discretion in allowing a prosecutor to display a tangible object during the opening statements where the prosecution intended to introduce the object during trial as evidence and where there was no issue as to the admissibility of the evidence.

Commonwealth v. Parker, 919 A.2d 943 (Pa. 2007).

Pennsylvania's Common Law And The United States Constitution Provide Members Of The Press With A Right Of Access To Names But Not Addresses Of Jurors Impaneled In A Criminal Trial: Commonwealth V. Long, Amy Nicoletti

Duquesne Law Review

The Supreme Court of Pennsylvania held that the common-law right of access to criminal trial proceedings did not extend to impaneled jurors' names or addresses, but the First Amendment to the United States Constitution provided a qualified right of access to jurors' names only.

Commonwealth v. Long, 922 A.2d 892 (Pa. 2007).

Table Of Contents, Volume 46, Number 2, Winter 2008

Duquesne Law Review

No abstract provided.

The Pickering Balancing Test And Public Employment-Free Speech Jurisprudence: The Approaches Of Federal Circuit Courts Of Appeals, Joseph O. Oluwole

Duquesne Law Review

No abstract provided.

Et Resurrexit: Gara And The Trio Of Cases On Collateral Review, Shelley A. Ewalt

Duquesne Law Review

No abstract provided.

The Use Of Mandamus To Compel A Zoning Ordinance: Chanceford Aviation Properties V. Chanceford Township Board Of Supervisors, Tiffany M. Malkoski

Duquesne Law Review

The Supreme Court of Pennsylvania found that the language of the Airport Zoning Act requires a municipality with a public airport to enact and enforce an airport hazard zoning ordinance.

Chanceford Aviation Props. v. Chanceford Twp. Bd. of Supervisors, 923 A.2d 1099 (Pa. 2007).

On Ledewitz: A Review Of American Religious Democracy By Bruce Ledewitz [Book Review], Mark D. Yochum

Duquesne Law Review

No abstract provided.

The Abstruse Science: Kelo, Lochner, And Representation Reinforcement In The Public Use Debate, Charles E. Cohen

Duquesne Law Review

No abstract provided.

Success Breeds Discontent: Reforming The Taxation Of Carried Interests - Forcing A Square Peg Into A Round Hole, Matthew A. Melone

Duquesne Law Review

No abstract provided.

Gaming Control Board Has Great Deference In Granting Slot Licenses: Riverwalk Casino, L.P. V. Pennsylvania Gaming Control Board, Brock E. Mccandless

Duquesne Law Review

The Supreme Court of Pennsylvania affirmed the Order and Adjudication of the Pennsylvania Gaming Control Board which granted Category 2 slots licenses to HSP Gaming and the Philadelphia Entertainment and Development Partners, holding, inter alia, that the Pennsylvania Gaming Control Board was a quasi-judicial body entitled to hold private deliberations.

Riverwalk Casino, L.P. v. Pa. Gaming Control Bd., 926 A.2d 926 (Pa. 2007).

First Amendment Does Not Require Schools To Tolerate Student Expression That Contributes To The Dangers Of Illegal Drug Use: Morse V. Frederick, Charles Chulack

Duquesne Law Review

The United States Supreme Court held that a student's right to free speech was not violated when a banner which he displayed at a school event was confiscated by his principal because she reasonably believed that it promoted illegal drug use.

Morse v. Frederick, 127 S. Ct. 2618 (2007).

Table Of Contents, Volume 46, Number 3, Spring 2008

Duquesne Law Review

No abstract provided.