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Table Of Contents, Volume 26, Number 2, Winter 1988

Duquesne Law Review

No abstract provided.

Title Page - Volume 26 (1987-1988)

Duquesne Law Review

No abstract provided.

Rejecting Collective Bargaining Agreements Under Section 1113 Of The Bankruptcy Code - Judicial Precision Or Economic Reality?, Joseph L. Cosetti, Stanley A. Kirshenbaum

Duquesne Law Review

Before a Chapter 11 debtor in possession can reject the collective bargaining agreement, section 1113 of the Bankruptcy Code requires it to bargain with the representative of its employees and then obtain court approval. Because Congress sought to accommodate the interests of both organized labor and the business community, section 1113 contains numerous terms of compromise which ultimately are interpreted by the courts. The authors have reviewed the major litigation, and have suggested trends in the judicial interpretation of section 1113. However, rejection of collective bargaining litigation is counterproductive with respect to Chapter 11 reorganizations. Rather, the authors believe that …

Plant Closings: The Business View [Opinion Letter], Clifford L. Jones

Duquesne Law Review

In a dynamic economy, even a growing one, it is inevitable that some plants will cease operation. The author acknowledges there is a management responsibility for mitigating the impact of such a closing on the affected workers. However, the author supports broad plant closing guidelines, to be followed by businesses, as opposed to strict legislation, like the type being considered at the state and federal level.

Worksharing Agreements: A Creative Answer To Statutory Mischief: When Is A Charge Timely Filed With The Eeoc In A Deferral State Under Title Vii Of The Civil Rights Act?, Bruce Bagin

Duquesne Law Review

A review of the variables which must be considered in deciding the date on which a charge of employment discrimination is filed with the EEOC in a deferral state under section 706(c) and (e) of Title VII of the Civil Rights Act of 1964, and an examination of the provisions of a worksharing agreement to determine whether they are a creative solution to the statutory mischief caused by the concurrent jurisdiction requirements of Title VII of the Civil Rights Act of 1964.

The Bildisco Dilemma, Karen M. Sirianni

Duquesne Law Review

No abstract provided.

Defamation In The Employment Discharge Context: The Emerging Doctrine Of Compelled Self-Publication, Arlen W. Langvardt

Duquesne Law Review

Under the categorical heading of defamation suits arising out of the employment termination context, there is a small but growing subcategory of cases known as the compelled self-publication cases. In this subcategory, the discharged employee sues the former employer on the basis of an allegedly false and defamatory statement made by the former employer exclusively to the discharged employee at the time of the employment termination. The seemingly absent element of publication of the statement is provided by the discharged employee's repetition of the statement, under effective compulsion, to a prospective employer. The author examines the development of the compelled …

Affirmative Action: Are The Equal Protection And Title Vii Tests Synonymous?, Maureen E. Lally-Green

Duquesne Law Review

Over the past decade, the United States Supreme Court has debated the extent to which employment decisions can be based on race or sex. As yet, the Court has not articulated a controlling test to evaluate the legality of all types of affirmative action plans. A review of the relevant cases, however, reveals that the Court uses the same standards to test the validity of both voluntary and court ordered affirmative action plans regardless of whether the challenge is brought under Title VII or the equal protection clauses.

The Gissel Bargaining Order: Is Time A Cure-All?, Robert Kennedy Jr.

Duquesne Law Review

No abstract provided.

Title Page - Volume 26 (1987-1988)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 26, Number 3, Spring 1988

Duquesne Law Review

No abstract provided.

Employer: Beware Of "Hostile Environment" Sexual Harassment, P.J. Murray

Duquesne Law Review

No abstract provided.

Civil Rights - Rehabilitation Act - Handicapped Individual, Susan Paczak

Duquesne Law Review

The United States Supreme Court has recently held that school teacher afflicted with contagious disease of tuberculosis was a "handicapped individual" within meaning of the Rehabilitation Act section prohibiting federally funded state program from discriminating against handicapped individual solely for reason of handicap.

School Board of Nassau County, Florida v. Arline, 107 S. Ct. 1123 (1987).

Unemployment Compensation - Pregnancy - Federal Unemployment Tax Act 26 U.S.C. § 3304(A)(12), Patricia Kurp Masten

Duquesne Law Review

The United States Supreme Court has held that § 3304(a)(12) of Federal Unemployment Tax Act which mandates that no person shall be denied compensation under state law solely on basis of pregnancy or termination of pregnancy only prohibits state from singling out pregnancy for unfavorable treatment; it does not mandate preferential treatment for women who leave work because of pregnancy and Missouri statute which denies unemployment compensation to claimant who has left work voluntarily without good cause attributable to his work or to his employer was consistent with the Federal Unemployment Tax Act which provides that no state participating in …

Resolving The "Star Wars"/Abm Treaty Dispute: May The Source Be With You, President Reagan., Chester J. Karas Jr.

Duquesne Law Review

No abstract provided.

Surrogate Parenting: Future Legislation To Eliminate Present Inconsistencies, Joanna K. Budde

Duquesne Law Review

No abstract provided.

A Remedy For Rule 238, Lawrence M. Lebowitz

Duquesne Law Review

Rule 238 of the Pennsylvania Rules of Civil Procedure was promulgated in 1979 in an attempt to encourage parties to settle their cases as early as possible in order to avoid the costs, both to the court system and to the litigants themselves, of litigation. Seven years later this "experiment" was deemed a failure, for in Craig v. Magee Memorial Rehabilitation Center the Supreme Court of Pennsylvania declared the Rule to be unconstitutional and therefore suspended its operation. In this same opinion, the court directed the Civil Procedure Rules Committee to propose an amended version of the Rule for its …

Corporation Law - Shareholders' Derivative Actions - Special Litigation Committees - Business Judgement Rule, Samuel R. Zuck

Duquesne Law Review

The Supreme Court of North Carolina, withdrawing its prior decision, held that North Carolina courts cannot passively accept a recommendation to terminate shareholder litigation when made by a special litigation committee appointed by defendant directors, but must make an independent inquiry into the merits of the recommendation to determine whether the defendants have met their summary judgment burden of proof.

Alford v. Shaw,, 320 N.C. 465, 358 S.E.2d 323 (1987), rev'g, 318 N.C. 289, 349 S.E.2d 41 (1986).

Hague Convention On Taking Evidence Abroad - Federal Rules Of Civil Procedure - Discovery, Michael P. Lehutsky

Duquesne Law Review

The United States Supreme Court has held that the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters provides optional procedures for conducting discovery in a foreign nation to which American courts may resort if, after a particularized comity analysis, they deem it necessary.

Societe Nationale Industrielle Aerospatiale v. United States District Court for the Southern District of Iowa, 107 S. Ct. 2542 (1987).

On The Constitutionality Of The Independent Counsel Provisions Of The Ethics In Government Act: Do They Comport With The Separation Of Powers?, Carolyn M. Corry

Duquesne Law Review

No abstract provided.

Contribution Among Pennsylvania Tort-Feasors, John W. Bitonti

Duquesne Law Review

No abstract provided.

An Employee Stock Ownership Plan: The History Of The Weirton Steel Buy-Out, Jane Anderson

Duquesne Law Review

No abstract provided.

Tort Law - Common Law Negligence - Liability Of Commercial Vendor Of Alcohol - Duty Derived From Criminal Statute, Bryan D. Kocher

Duquesne Law Review

The Pennsylvania Supreme Court has held that as a matter of common law a commercial licensee of alcoholic beverages can be held liable for third party injuries which are proximately caused by the sale of alcohol to a minor.

Matthews v. Konieczny, ___ Pa.___ , 527 A.2d 508 (1987).

The Choice-Of-Law Process In Product Liability Actions, David E. Seidelson

Duquesne Law Review

Product liability actions generate a number of choice-of-law problems. Such problems need be no more complex or difficult to resolve than choice-of- law problems in other types of litigation. The court, aided by counsel, should possess the capacity to resolve all such problems in product liability actions. The author creates and then resolves through interest analysis a number of choice-of-law problems likely to arise in product liability actions and, in the process, compares the result thus achieved with the results that would be achieved by application of Professor Weintraub's proposed rule for resolving conflicts problems in product liability actions. The …

Criminal Law - Mail Fraud - Statutory Interpretation - Scope, William J. Hathaway

Duquesne Law Review

The United States Supreme Court has held that the coverage of the mail fraud statute, 18 U.S.C. § 1341, is limited to the prosecution of fraudulent schemes utilizing the mails that lead to the deprivation of monetary and property interests, while the deprivation of intangible rights, such as the right to honest and impartial government, is not included within the scope of the mail fraud statute.

McNally v. United States, 107 S. Ct. 2875 (1987).

Tort - Governmental Immunity - Political Subdivisions, Marc L. Sternberger

Duquesne Law Review

The Pennsylvania Supreme Court held that the real estate exception to governmental immunity contained in the Political Subdivision Tort Claims Act was unavailable to the plaintiffs to bring a cause of action against the City of Philadelphia, where the plaintiffs' injuries were caused by the criminal acts of a juvenile who had escaped from a city-run juvenile detention center. Although the negligent maintenance of the detention center may have facilitated the juvenile's escape, the court held that the plaintiffs' injuries were not directly related to the condition of governmental property. Rather, the Pennsylvania Supreme Court held that the injuries were …

Constitutional Safeguard On Speech - Dismissal Of Public Employee - Balancing Approach, Susan Gerhold

Duquesne Law Review

The United States Supreme Court has held that in order for a county constable to terminate an employee for making a political remark on a matter of public concern, it must be shown that the constable's interest in terminating the employee outweighs the employee's first amendment rights.

Rankin v. McPherson, 107 S. Ct. 2891 (1987).

Criminal Law - Child Sexual Abuse - Expert Testimony As To Credibility, Helen A. Nicholas

Duquesne Law Review

The Supreme Court of Pennsylvania has held that in a child sexual abuse case expert testimony as to the veracity of a class of children of which the victim-witness is a member, is an improper invasion of the jury's function of assessing the credibility of a witness.

Commonwealth v. Seese, 512 Pa. 439, 517 A.2d 920 (1986).

Title Page - Volume 26 (1987-1988)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 26, Number 4, Summer 1988

Duquesne Law Review

No abstract provided.