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Table Of Contents, Volume 32, Number 2, Winter 1994
Table Of Contents, Volume 32, Number 2, Winter 1994
Duquesne Law Review
No abstract provided.
Title Page - Volume 32 (1993-1994)
Does The Americans With Disabilities Act Of 1990 Impose An Undue Burden On Employers?, Rebecca Mastrangelo
Does The Americans With Disabilities Act Of 1990 Impose An Undue Burden On Employers?, Rebecca Mastrangelo
Duquesne Law Review
No abstract provided.
From Feres V. United States To Boyle V. United Technologies Corp.: An Examination Of Supreme Court Jurisprudence And A Couple Of Suggestions, David E. Seidelson
From Feres V. United States To Boyle V. United Technologies Corp.: An Examination Of Supreme Court Jurisprudence And A Couple Of Suggestions, David E. Seidelson
Duquesne Law Review
Absent any clear legislative history, the Supreme Court concluded in Feres that Congress had not intended the Federal Tort Claims Act to apply to injuries incident to military service. Since the Feres decision, the Court has offered a series of unpersuasive and inconstant rationales for its conclusion. This article offers a unified rationale that reflects a rational legislative concern and invites intelligent and consistent application by the Courts. Paradoxically, in determining the validity and scope of the government contractor defense, the Court having available a carefully considered, clearly articulated judicial opinion spelling out the applicability of that defense, saw fit …
The Supreme Court, The First Amendment, And Anti-Sex-Discrimination Legislation: Putting American Booksellers Association, Inc. V. Hudnut In Perspective,, Georgia Wralstad Ulmschneider
The Supreme Court, The First Amendment, And Anti-Sex-Discrimination Legislation: Putting American Booksellers Association, Inc. V. Hudnut In Perspective,, Georgia Wralstad Ulmschneider
Duquesne Law Review
During the past two decades, the Supreme Court has decided a number of cases involving First Amendment challenges to anti-sex-discrimination legislation. American Booksellers Association, Inc. v. Hudnut is but one of these cases. In all of these cases, the Court was faced with the prospect of having to choose between protecting free expression rights or minority interests. This choice conflicts with the Court's conceptual First Amendment framework. Nevertheless, with the exception of Hudnut, the Court was able to avoid addressing the challenge to its First Amendment framework and yet uphold the antisex- discrimination legislation at issue. The Court was …
The Civil War Of Waste, Holly Mccann
Constitutional Law - Sixth Amendment - Defendant's Right Of Confrontation - Impeachment To Show Bias, Christine M. Guthrie
Constitutional Law - Sixth Amendment - Defendant's Right Of Confrontation - Impeachment To Show Bias, Christine M. Guthrie
Duquesne Law Review
The Supreme Court of Pennsylvania held that even if the lower court denies defendants their confrontation right to reveal bias by exposing a witness' pending conviction, the decision will not be reversed if the error was harmless.
Commonwealth v. Lane, 621 A.2d 566 (Pa. 1993).
Criminal Law - Capital Punishment - Aggravating Circumstances - Clear And Objective Standard, Cheri L. Bugajski
Criminal Law - Capital Punishment - Aggravating Circumstances - Clear And Objective Standard, Cheri L. Bugajski
Duquesne Law Review
The United States Supreme Court held that the Idaho "utter disregard" aggravating circumstance provided a clear and objective standard for the sentencer to apply when determining if the death penalty should be imposed.
Arave v. Creech, 113 S. Ct. 1534 (1993).
The Feasibility Of Full State Extraction Of Punitive Damages Awards, Leo M. Stepanian Ii
The Feasibility Of Full State Extraction Of Punitive Damages Awards, Leo M. Stepanian Ii
Duquesne Law Review
No abstract provided.
Title Page - Volume 32 (1993-1994)
Family Law - Involuntary Termination Of Parental Rights - Mental Incapacity, Kelley A. Morrone
Family Law - Involuntary Termination Of Parental Rights - Mental Incapacity, Kelley A. Morrone
Duquesne Law Review
The Supreme Court of Pennsylvania held that a court must examine the strength of the existing emotional bond between the natural parent and the child before involuntarily terminating parental rights.
In re E.M., 620 A.2d 481 (Pa. 1993).
Statutory Construction - The Outdoor Advertising Control Act - Legal Status Of Townships, Robert J. Burnett
Statutory Construction - The Outdoor Advertising Control Act - Legal Status Of Townships, Robert J. Burnett
Duquesne Law Review
The Supreme Court of Pennsylvania held that the "incorporated municipality" exception is not available to billboards erected in townships.
Patrick Media Group, Inc. v. Department of Transportation, 620 A.2d 1125 (Pa. 1993).
Table Of Contents, Volume 32, Number 3, Spring 1994
Table Of Contents, Volume 32, Number 3, Spring 1994
Duquesne Law Review
No abstract provided.
Can The Pennsylvania Courts Interpret Delay Damages Consistently With Sovereign Immunity, Or Are They As Incompatible As Oil And Water?, Colin Meneely
Can The Pennsylvania Courts Interpret Delay Damages Consistently With Sovereign Immunity, Or Are They As Incompatible As Oil And Water?, Colin Meneely
Duquesne Law Review
No abstract provided.
Supplemental Needs Trusts: A Means To Conserve Family Assets And Provide Increased Quality Of Life For The Disabled Family Member, Scott Gardner
Supplemental Needs Trusts: A Means To Conserve Family Assets And Provide Increased Quality Of Life For The Disabled Family Member, Scott Gardner
Duquesne Law Review
No abstract provided.
Separation Of Powers In Pennsylvania: The Judiciary's Prevention Of Legislative Encroachment, John M. Mulcahey
Separation Of Powers In Pennsylvania: The Judiciary's Prevention Of Legislative Encroachment, John M. Mulcahey
Duquesne Law Review
No abstract provided.
The Supreme Court Of Pennsylvania And The Origins Of King's Bench Power, Bernard F. Scherer
The Supreme Court Of Pennsylvania And The Origins Of King's Bench Power, Bernard F. Scherer
Duquesne Law Review
The King's Bench power has been utilized by the Supreme Court of Pennsylvania to establish superintendency over all inferior courts in matters ranging from powers of rule-making to plenary jurisdiction. The court has viewed this power as constitutional or quasi-constitutional and places the exercise of the power beyond further appellate review. A review of the evolution of the King's Bench power reveals that the King's Bench was never intended as the
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
Duquesne Law Review
The Supreme Court of Pennsylvania has been roundly criticized based on the actions of its justices. This article looks beyond the personal criticisms of the court to ask whether the court, as an institution, adequately performs its judicial function. The author determines that the Supreme Court of Pennsylvania fails in its duty by either shirking its responsibilities or, conversely, by overreaching its authority.
Constitutional Law - Criminal Procedure - Prosecutorial Comments On Defendant's Failure To Testify - Harmless Error Standard, Renee E. Solomon
Constitutional Law - Criminal Procedure - Prosecutorial Comments On Defendant's Failure To Testify - Harmless Error Standard, Renee E. Solomon
Duquesne Law Review
The Supreme Court of Pennsylvania held that prosecutorial comments regarding the defendant's failure to testify result in prejudicial error and the burden then rests on the Commonwealth to prove beyond a reasonable doubt that the error was harmless. Furthermore, if there was a finding that the improperly admitted references could have in some way affected the outcome of a verdict, the error could not be found to be harmless, regardless of the weight of the evidence against the defendant. Commonwealth v. Rodriguez, 626 A.2d 141 (Pa. 1993).
Insurance Law - Indemnification - Multiple Insurers - Asbestos Claims, Martin L. Ryan
Insurance Law - Indemnification - Multiple Insurers - Asbestos Claims, Martin L. Ryan
Duquesne Law Review
The Supreme Court of Pennsylvania adopted the "multiple trigger" theory for liability and held that each insurer that provided coverage during the triggering periods was jointly and severally liable for the entire loss.
J.H. France Refractories Co. v. Allstate Insurance Co., 626 A.2d 502 (Pa. 1993).
Constitutional Law - Public Education - Teacher Strikes, Danielle M. Wagner
Constitutional Law - Public Education - Teacher Strikes, Danielle M. Wagner
Duquesne Law Review
The Supreme Court of Pennsylvania held that the provision of the Public Employees Relations Act permitting public school teachers to strike does not violate article III, section 14 of the Pennsylvania Constitution which requires the General Assembly to provide for a thorough and efficient system of public education.
Reichley v. North Penn School District, 626 A.2d 123 (Pa. 1993).
Due Process Limits On Sentencing Power: A Critique Of Pennsylvania's Imposition Of A Recidivist Mandatory Sentence Without A Prior Conviction, Leonard N. Sosnov
Due Process Limits On Sentencing Power: A Critique Of Pennsylvania's Imposition Of A Recidivist Mandatory Sentence Without A Prior Conviction, Leonard N. Sosnov
Duquesne Law Review
This article analyzes the constitutionality of Pennsylvania's recidivist mandatory sentencing provision for Driving Under the Influence ("DUI"). The statute provides for minimum mandatory sentences of increased severity for second and subsequent offenses. Prior acceptance of a pre-trial diversion program ("ARD"), where no proof of guilt is offered, is considered a prior conviction for recidivist sentencing purposes. This article examines this practice and concludes that it violates the Constitution.
Workers' Compensation - Occupational Diseases - Statute Of Limitations, Brian Dixon Walters
Workers' Compensation - Occupational Diseases - Statute Of Limitations, Brian Dixon Walters
Duquesne Law Review
The Supreme Court of Pennsylvania held that the statute of limitations begins to run on claims for total disability due to occupational diseases under the Pennsylvania Workers' Compensation Act when the claimant knew or should have known that he or she suffered from total disability due to occupational disease.
Price v. Workmen's Compensation Appeal Board, 626 A.2d 114 (Pa. 1993).
Constitutional Law - Judicial Power - Court Funding - Reasonable Necessity, Stephen P. Drexler
Constitutional Law - Judicial Power - Court Funding - Reasonable Necessity, Stephen P. Drexler
Duquesne Law Review
The Supreme Court of Pennsylvania held that a survey of salaries offered by competing employers was insufficient evidence of the necessity to increase the salaries of court employees.
Snyder v. Snyder, 620 A.2d 1133 (Pa. 1993).
Table Of Contents, Volume 33, Number 1, Fall 1994
Table Of Contents, Volume 33, Number 1, Fall 1994
Duquesne Law Review
No abstract provided.
Title Page - Volume 33 (1994-1995)
"Privilege Against Public Right": A Reappraisal Of The Charles River Bridge Case, Robert E. Mensel
"Privilege Against Public Right": A Reappraisal Of The Charles River Bridge Case, Robert E. Mensel
Duquesne Law Review
Was The Charles River Bridge Case a watershed in American legal history and political economy, as legal historians have long maintained? Did the decision of the United States Supreme Court really present a sharp choice between "privilege and creative destruction," and did that choice reflect a dilemma that was really forced upon Jacksonian society by economic conditions? This article suggests that the prevailing understanding of the case is based upon misconceptions of the significance of the Supreme Court's limited jurisdiction in the case, misconceptions concerning the economics of transportation enterprises in Jacksonian America, and misconceptions concerning the reasoning underlying the …
Pennsylvania's Right-To-Know Act: How It Is Used To Discourage, Delay And Deny Access To Public Documents And Why It Needs To Be Changed, Stephen P. Drexler
Pennsylvania's Right-To-Know Act: How It Is Used To Discourage, Delay And Deny Access To Public Documents And Why It Needs To Be Changed, Stephen P. Drexler
Duquesne Law Review
No abstract provided.
Child Custody And Parental Relocations: Loving Your Children From A Distance, Frank G. Adams
Child Custody And Parental Relocations: Loving Your Children From A Distance, Frank G. Adams
Duquesne Law Review
No abstract provided.
The Americans With Disabilities Act And The National Labor Relations Act: A Unionized Employer's Road Map To Reasonable Accommodations, Richard S. Mcatee
The Americans With Disabilities Act And The National Labor Relations Act: A Unionized Employer's Road Map To Reasonable Accommodations, Richard S. Mcatee
Duquesne Law Review
No abstract provided.