Law Commons^™

Constitutional Law - Fourth Amendment - Search And Seizure - Exclusionary Rule, Adam R. Barr

Duquesne Law Review

The United States Supreme Court has held that evidence seized in reasonable good-faith reliance on a facially valid search warrant is admissible in the prosecution's case-in-chief.

United States v. Leon, 104 S. Ct. 3405 (1984).

Antitrust Law - Sherman Act Subject Matter Jurisdiction - Application Of The Substantial Effect On Interstate Commerce Test, Linda J. Shorey

Duquesne Law Review

The United States Court of Appeals for the Third Circuit, in establishing the standards for evaluating Sherman Act jurisdictional prerequisites in denial of staff privileges cases, has rejected the imposition of any specific requirement, holding instead that allegations of a shift of interstate commerce will suffice to obtain jurisdiction, and has indicated that the Third Circuit will examine the activities of both plaintiffs and defendants in ascertaining the presence of interstate commerce.

Cardio-Medical Assocs., Ltd. v. Crozer-Chester Medical Center, 721 F.2d 68 (3d Cir. 1983).

Internal Revenue Code - Exempt Organizations - Standard For Loss Of Exemption Under Irc Section 501(C)(3), William M. Thomson

Duquesne Law Review

The Third Circuit Court of Appeals has promulgated a two-prong test to be applied to determine whether an organization, qualified as exempt under section 501(c)(3) of the Code, has overstepped the boundaries of its exemption.

Presbyterian and Reformed Publishing Co. v. Commissioner, 743 F.2d 148 (3d Cir. 1984).

Legislative Regulation Of Attorneys' Fees - Health Care Services - Malpractice Act - Statutory Severability - Separation Of Powers, Cindy Trellis Bernstein

Duquesne Law Review

Without resolving an involved separation of powers issue, the Pennsylvania Supreme Court has held that the attorneys' fees limitation of the Health Care Services Malpractice Act was not severable from the Act's unconstitutional provisions, and that the decision in Mattos v. Thompson nullified all arbitration procedures of the Act.

Heller v. Frankston, __ Pa. ___, 475 A.2d 1291 (1984).

Torts - Negligence - Social Host Liability, Paul A. Verardi

Duquesne Law Review

The New Jersey Supreme Court has held that a social host who provides liquor to an adult guest, knowing both that the guest is intoxicated and that the guest will thereafter operate a motor vehicle, is liable for injuries to third parties caused by the subsequent drunken driving of that adult guest.

Kelly v. Gwinnell, 96 N.J. 538, 476 A.2d 1219 (1984).

Title Page And Masthead - Volume 23, 1984-1985

Duquesne Law Review

No abstract provided.

Articles - Authors - Volume 23, 1984-1985

Duquesne Law Review

No abstract provided.

Articles - Titles - Volume 23, 1984-1985

Duquesne Law Review

No abstract provided.

Comments - Titles - Volume 23, 1984-1985

Duquesne Law Review

No abstract provided.

Cases Noted - Volume 23, 1984-1985

Duquesne Law Review

No abstract provided.

Recent Decisions - Titles - Volume 23, 1984-1985

Duquesne Law Review

No abstract provided.

Title Page - Volume 24 (1985-1986)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 24, Number 1, Fall 1985

Duquesne Law Review

No abstract provided.

I.R.A.C.: One More Time [Essay], Howard Gensler

Duquesne Law Review

"I.R.A.C.": Issue, Rule, Analysis and Conclusion, is a systematic method for successfully answering law school examination questions that has traditionally been recommended to first-year law students. In the writer's view, this perennially touted formula is of limited utility to law students absent instruction in identifying and formulating the issue, correctly stating the rule, analyzing the relevant facts, and drawing an appropriate conclusion. This essay, therefore, reexamines each element of I.R.A.C. and suggests how this method might be effectively employed in answering the most frequently encountered types of examination questions.

Prosecutorial Discretion And The Current Status And Applicability Of Accelerated Rehabiliative Disposition Under The Pennsylvania Criminal Justice System, Edward J. Borkowski

Duquesne Law Review

Through pre-trial diversion programs, modern criminal justice systems have foregone criminal prosecution or incarceration of certain defendants in favor of correctional reform and social restoration. Under Pennsylvania's diversion program, "Accelerated Rehabilitative Disposition," the defendants considered eligible for this alternative process are generally first offenders charged with nonviolent crimes. Pennsylvania Rules of Criminal Procedure 175 and 176 provide that it is the district attorney, exclusively, who determines which defendants are candidates for diversion. The author examines some of the more recent judicial attempts to define the proper scope of this discretionary power, as well as those attempting to determine the extent …

Unfair Labor Practice And Contract Aspects Of An Employer's Desire To Close, Partially Close, Or Relocate Bargaining Unit Work, Claudia Wickham Lane

Duquesne Law Review

a plant, or otherwise eliminate bargaining unit work, has traditionally been questioned in view of inhibitions inherent in the collective bargaining agreement itself and restrictions imposed by the Unfair Labor Practices provisions of the National Labor Relations Act. The author summarizes the prior state of the law defining employer's rights as well as the views of those who have criticized past decisions as impeding managerial freedom, industrial development and diversification. The author then examines the current state of the law in the wake of the latest decisions by the National Labor Relations Board, and concludes that the recent recognition of …

In Personam Jurisdiction - Minimum Contacts - Ratifications - Promoters Contracts, Edward G. Rice

Duquesne Law Review

The Third Circuit Court of Appeals has held that the pre-incorporation acts of a promoter, when coupled with post-incorporation ratification, may suffice to justify the exercise of in personam jurisdiction over a foreign corporation in the state of pre-incorporation activities.

Rees v. Mosaic Technologies, Inc. 742 F.2d 765 (3d Cir. 1984).

Torts - Federal Tort Claims Act - Feres Doctrine - Post-Discharge Failure To Warn Theory, Richard W. Kelly Jr.

Duquesne Law Review

The Third Circuit Court of Appeals has held that a Federal Tort Claims Act claim based on the government's post-discharge failure to warn a veteran of the hazards of radiation exposure is barred pursuant to the Supreme Court's holding in Feres v. United States.

Heilman v. United States, 731 F.2d 1104 (3d Cir. 1984).

Suicide: A Constitutional Right?, Thomas J. Marzen, Mary K. O'Dowd, Daniel Crone, Thomas J. Balch

Duquesne Law Review

Recent advocacy of a right to suicide raises the question of whether statutes which penalize the assistance of suicide and the widespread practice of intervention to stop suicide attempts are unconstitutional. This article considers the claim that the right of privacy or substantive due process encompasses autonomy to do whatever affects no one else, and concludes that the Supreme Court has recognized only those forms of autonomy that it has deemed to be rooted in the traditions and history of our society. After outlining the attitudes toward suicide at various stages in Western Civilization, focusing on Anglo- American history and …