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Title Page - Volume 15 (1976-1977)
Thoughts On Pennsylvania Administrative Law, Sheldon H. Nahmod
Thoughts On Pennsylvania Administrative Law, Sheldon H. Nahmod
Duquesne Law Review
In this introductory article to the symposium, Professor Nahmod assesses Pennsylvania's progress in fashioning a procedural framework for adjudication and judicial review of agency action as well as recent attempts to provide guidelines for agency rulemaking, notice and public participation in decision-making. Emphasizing the need for comprehensive study of the state administrative process, the author suggests other areas which require legislative attention.
Table Of Contents - Volume 15, Number 4, Summer 1977
Table Of Contents - Volume 15, Number 4, Summer 1977
Duquesne Law Review
No abstract provided.
Procedures Before The Pennsylvania Public Utility Commission, Charles J. Streiff
Procedures Before The Pennsylvania Public Utility Commission, Charles J. Streiff
Duquesne Law Review
In light of the pervasive influence of the Public Utility Commission, an administrative agency whose procedures have recently been substantially amended after intensive study by the legislature, the final symposium article complements an examination of the state administrative process by exploring the unique procedural structure of the body regulating public utilities in contrast with the general Administrative Agency Law governing agencies regulating private business.
Municipal Corporations - Zoning - Applicability Of Municipal Zoning Laws To State Agencies, Charles Lenns
Municipal Corporations - Zoning - Applicability Of Municipal Zoning Laws To State Agencies, Charles Lenns
Duquesne Law Review
The Supreme Court of Pennsylvania has held that the State Bureau of Correction may not locate one of its facilities in a municipality in disregard of a local zoning ordinance since the state legislature did not clearly intend that the Bureau of Correction should prevail in such a conflict of authority.
City of Pittsburgh v. Commonwealth, 468 Pa. 174, 360 A.2d 607 (1976).
Hearing Officers In Pennsylvania: Recommendation For An Independent Central Office, Jeffrey G. Cokin, Jonathan Mallaumd
Hearing Officers In Pennsylvania: Recommendation For An Independent Central Office, Jeffrey G. Cokin, Jonathan Mallaumd
Duquesne Law Review
Legislation to establish a central office responsible for training and making available hearing officers for administrative adjudication has been proposed by the Pennsylvania Department of Justice. This article, written by two participants in a study recommending a central office, critically examines the merits of establishing an independent system and reviews alternatives for centrally providing officers in other states. They assert their views on the minimal qualifications an administrative adjudicator should possess, and the authority he will need to preside and render decisions effectively.
Pennsylvania's Mental Health Procedures Act, Joyce Mckeever
Pennsylvania's Mental Health Procedures Act, Joyce Mckeever
Duquesne Law Review
By enacting the Mental Health Procedures Act of 1976, Pennsylvania responded to judicial recognition that despite laudable achievements in the confinement and treatment process made possible by the Mental Health-Mental Retardation Act of 1966, deprivations of liberty were still present which demanded due process protection. The commentator analyzes provisions of the new act and their efficacy in balancing the respective rights of society and individuals involved in civil and criminal commitments and detentions.
Products Liability - Second Collision - Enhanced Injuries - Apportionment Of Damages, Carl Harvison
Products Liability - Second Collision - Enhanced Injuries - Apportionment Of Damages, Carl Harvison
Duquesne Law Review
The United States Court of Appeals for the Third Circuit has held that when a driver of an automobile is injured by a "second collision" with a defectively designed automobile headrest caused by a collision with another car whose driver was negligent, the plaintiff has the burden of showing how the damages should be apportioned between the manufacturer of the headrest and the negligent driver.
Huddell v. Levin, 537 F.2d 726 (3d Cir. 1976).
Title Page And Masthead - Volume 15, Summer 1977, Number 4
Title Page And Masthead - Volume 15, Summer 1977, Number 4
Duquesne Law Review
No abstract provided.
Antitrust - Restraint Of Trade - Group Boycott - Nfl College Draft, Donn A. Clendenon
Antitrust - Restraint Of Trade - Group Boycott - Nfl College Draft, Donn A. Clendenon
Duquesne Law Review
The United States District Court for the District of Columbia has held that the National Football League's annual college draft is a concerted refusal to deal amounting to a group boycott, and is thus a per se violation of section 1 of the Sherman Act.
Smith v. Pro-Football, 420 F. Supp. 738 (D.D.C. 1976).
Pennsylvania Constitution - Equal Rights Amendment - Sex Discrimination In Adoption Proceedings, Kim C. Kesner
Pennsylvania Constitution - Equal Rights Amendment - Sex Discrimination In Adoption Proceedings, Kim C. Kesner
Duquesne Law Review
The Supreme Court of Pennsylvania has declared unconstitutional that portion of Pennsylvania's Adoption Act requiring only the consent of the mother in proceedings for the adoption of an illegitimate child as creating an impermissible distinction between unwed mothers and unwed fathers in violation of the equal rights amendment to the Pennsylvania Constitution.
Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976).
Articles - Authors - Volume 15 (1976-1977)
Table Of Cases - Volume 15 (1976-1977)
Comments - Titles/Recent Decisions - Titles - - Volume 15 (1976-1977)
Comments - Titles/Recent Decisions - Titles - - Volume 15 (1976-1977)
Duquesne Law Review
No abstract provided.
Articles - Titles- Volume 15 (1976-1977)
Title Page - Volume 16 (1977-1978)
Table Of Contents - Volume 16, Number 1, 1977-1978
Table Of Contents - Volume 16, Number 1, 1977-1978
Duquesne Law Review
No abstract provided.
Robert Broughton, Ronald R. Davenport
Robert Broughton, Alfred S. Pelaez
Robert P. Broughton - In Memoriam, John C. Unkovic
Robert P. Broughton - In Memoriam, John C. Unkovic
Duquesne Law Review
No abstract provided.
Subject Matter Index To Volume Xv (1976-1977)
Subject Matter Index To Volume Xv (1976-1977)
Duquesne Law Review
No abstract provided.
Cases Noted - Volume 15 (1976-1977)
Robert Broughton - 1935-1977, Patrick J. Basial
Robert Broughton - 1935-1977, Patrick J. Basial
Duquesne Law Review
No abstract provided.
Impeachment Through Introduction Of Prior Criminal Record - The Pennsylvania Rule V. Federal Rule Of Evidence 609(A), Thomas J. Santone
Impeachment Through Introduction Of Prior Criminal Record - The Pennsylvania Rule V. Federal Rule Of Evidence 609(A), Thomas J. Santone
Duquesne Law Review
The author examines the Pennsylvania and federal rules governing the use of a witness' prior criminal record as an impeachment technique. After tracing the legislative and judicial development of both rules, the commentator criticizes Pennsylvania's adherence to the standards of admissibility announced in Luck and urges adoption of federal rule 609(a) as the rule in Pennsylvania.
Adequate Breathing Space In A Poisonous Atmosphere: Balancing Freedom And Responsibility In The Open Society, David M. Hunsaker
Adequate Breathing Space In A Poisonous Atmosphere: Balancing Freedom And Responsibility In The Open Society, David M. Hunsaker
Duquesne Law Review
The United States Supreme Court has invoked the first amendment as a constraint on state defamation actions, balancing the freedom of the press with the rights of individuals. The author examines the development of this balance and its purposes, and suggests that further limitation of the states' power to protect its citizens may be harmful to both the press and the public.
The Operation Of Section 1023, Barry L. Isaacs
The Operation Of Section 1023, Barry L. Isaacs
Duquesne Law Review
In the Tax Reform Act of 1976, Congress altered the treatment of basis in property acquired from a decedent. Under ยง 1023 of the Internal Revenue Code, a beneficiary now acquires as his basis, the decedent's basis, subject to adjustments, rather than the fair market value at the date of death. The author explains these changes and their effects.
Environmental Law - Article I, Section 27 Of The Pennslyvania Constitution - Acquisition Of Public Parkland, James Richard Walsh
Environmental Law - Article I, Section 27 Of The Pennslyvania Constitution - Acquisition Of Public Parkland, James Richard Walsh
Duquesne Law Review
The Pennsylvania Supreme Court has held that the Commonwealth of Pennsylvania can take land set aside as a public common and use it to improve a public highway without violating the constitutional duty to conserve and maintain public natural resources for the benefit of all.
Payne v. Kassab, 468 Pa. 226, 361 A.2d 263 (1976).
Criminal Law - Murder - Evidence - Psychiatric Testimony - Specific Intent - Diminished Capacity, William G. Merchant
Criminal Law - Murder - Evidence - Psychiatric Testimony - Specific Intent - Diminished Capacity, William G. Merchant
Duquesne Law Review
The Supreme Court of Pennsylvania has held that a psychiatrist's expert testimony is relevant in a prosecution for first degree murder when the testimony is offered to demonstrate that the defendant lacked sufficient mental capacity to formulate the specific intent required for a conviction of first degree murder.
Commonwealth v. Walzack, 468 Pa. 210, 360 A.2d 914 (1976).
Corporations - Securities Exchange Act Of 1934 - Rule 10b-5 - Fraud, Robert G. Devlin
Corporations - Securities Exchange Act Of 1934 - Rule 10b-5 - Fraud, Robert G. Devlin
Duquesne Law Review
The Supreme Court of the United States has held that a cause of action under rule 10b-5 must be based on conduct that could be considered manipulative or deceptive; breach of fiduciary duty without deceit is not fraud under the rule.
Santa Fe Industries, Inc. v. Green, 430 U.S. 462 (1977).