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Table Of Contents, Volume 50, Number 1, Winter 2012

Duquesne Law Review

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Centennial Celebration - Duquesne University School Of Law: 1911-2011, Samuel A. Alito Jr.

Duquesne Law Review

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Table Of Contents, Volume 50, Number 2, Spring 2012

Duquesne Law Review

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Policy Disagreements With The United States Sentencing Guidelines: A Welcome Expansion Of Judicial Discretion Or The Beginning Of The End Of The Sentencing Guidelines?, Thomas M. Hardiman, Richard L. Heppner Jr.

Duquesne Law Review

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Separation Of Powers And Guantanamo Detainees: Defining The Proper Roles Of The Executive And Judiciary In Habeas Cases And The Need For Supreme Guidance, Jennifer L. Milko

Duquesne Law Review

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The End Of Joint And Several Liability In Superfund Litigation: From Chem-Dyne To Burlington Northern, Aaron Gershonowitz

Duquesne Law Review

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Makalidung's Post: How Stern V. Marshall Is Shaking A Bankruptcy Court Jurisdiction To Its Core, Christopher S. Lockman

Duquesne Law Review

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The Inevitability Of Health Reform, Everette James, Arthur S. Levine

Duquesne Law Review

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Non-Resident Defendant Is Only Subject To The Jurisdiction Of A State Where That Defendant Displays Intentional, Forum-Directed Conduct And Purposefully Avails Him Or Herself Of The Benefits And Protections Of That State's Laws: J. Mcintyre Machinery, Ltd Vs Nicastro, Richard B. Koch Jr.

Duquesne Law Review

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Table Of Contents, Volume 50, Number 3, Summer 2012

Duquesne Law Review

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The Dubious Status Of The Rolling Contract Formation Theory, John E. Murray Jr.

Duquesne Law Review

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Robert Taylor, An Appreciation, Bruce Ledewitz

Duquesne Law Review

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Healthcare Reform: Let's Act Locally, Peter J. Kalis, Judy Hlafcsak

Duquesne Law Review

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Diversionary Tactics: Alternative Procedures For The Prosecution Of Military Veterans, Michael E. Mccarthy

Duquesne Law Review

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The Affordable Care Act And Health Promotion: The Role Of Insurance In Defining Responsibility For Health Risks And Costs, Wendy K. Mariner

Duquesne Law Review

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Can Congress Make You Buy Health Insurance - The Affordable Care Act, National Health Care Reform, And The Constitutionality Of The Individual Mandate, Arthur Nussbaum

Duquesne Law Review

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Actual Knowledge Of Direct Patent Infringement Isrequired For Induced Infringement: Global-Techappliances, Inc. V. Seb S.A., James G. Dilmore

Duquesne Law Review

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The Practical Use Of The Trial Advocacy Course In Today's Legal Education Curriculum, A. Michael Gianantonio

Duquesne Law Review

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Saving The Preachers: The Tax Code's Prohibition On Church Electioneering, Nicholas P. Cafardi

Duquesne Law Review

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Accomplishing Your Scholarly Agenda While Maximizing Students' Learning (A.K.A., How To Teach Legal Methods And Have Time To Write Too), Anna P. Hemingway

Duquesne Law Review

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The Federal Arbitration Act Preempts A State Law That Renders Unconscionable A Class Arbitration Waiver In A Consumer Adhesion Contract Likely To Involve Disputes Over Small Sums Of Money: At & T Mobility Llc V. Concepcion, Ginevra Ventre

Duquesne Law Review

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Easy On The Mayo Please: Why Judicial Deference Should Not Be Extended To Regulations That Violate The Administrative Procedure Act, Niki R. Ford

Duquesne Law Review

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Simply Irresistible: Neuromarketing And The Commercial Speech Doctrine, Marisa E. Main

Duquesne Law Review

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Comparative Aspects Of Piercing The Corporate Veil In The United States And Latin America, Dante Figueroa

Duquesne Law Review

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Limitations (A Response To Judge Posner), Chad M. Oldfather

Duquesne Law Review

Among the advice that Judge Posner offers to his fellow judges is the suggestion that they remain mindful of their limitations:

"I suggest that when trying to make up his mind about which way to vote, the judge remind himself of his limitations (limitations that all judges have)-the limitations of his knowledge of the law, the limitations of his knowledge of the case at hand, the limitations of his knowledge of the real-world context of the case, and the limitations (or distortions) of his thinking that result from the biases that all judges bring to judging. Not that it is …

Foreword, John E. Murray Jr.

Duquesne Law Review

The John and Liz Murray Awards for Legal Scholarship are designed to recognize intellectual engagements with legal theory that enhance legal doctrine and practice to meet the continuous changes in society. There are three awards including an award recognizing unique and invaluable scholarly contributions of an individual legal scholar. The choice of the first recipient of this award required preciously little deliberation. Judge Richard A. Posner of the United States Court of Appeals for the Seventh Circuit was the obvious choice.

Judicial Opinions And Appellate Advocacy In Federal Courts - One Judge's Views, Richard A. Posner

Duquesne Law Review

I have been a federal court of appeals judge for thirty years, and naturally over this long span of time I have formed judgments about how federal court of appeals judges should go about deciding cases, what their judicial opinions should be like (which raises the issue of how judges should use staff, consisting mainly of law clerks), and how lawyers should brief and argue cases in these courts. My purpose in this article is to distill my beliefs concerning opinions and advocacy into practical advice for federal court of appeals judges, their law clerks, and the lawyers who practice …

The Decline Of "The Record": A Comment On Posner, Frederick Schauer

Duquesne Law Review

Judge Posner's views about appellate advocacy and judicial decision- making are rich and complex, addressing numerous topics of interest and importance to lawyers and other judges. His articulation of those views is candid and occasionally surprising, and I focus in this comment on one aspect of his views which may strike legal and judicial traditionalists as the most surprising of all-Judge Posner's assertion, without embarrassment or seeming reluctance, that he consults factual sources not to be found in the record from the trial court, nor discussed or argued below, nor referenced in the briefs of the parties, nor mentioned in …

In Good Conscience: Expressions Of Judicial Conscience In Federal Appellate Opinions, Sarah M.R. Cravens

Duquesne Law Review

Justice Holmes, an icon of both the theory and the practice of the appellate judicial role, once famously said that the job of the judge is not to "do justice" but simply to apply the law. Along similar lines, law professors are forever reminding our students that when referring to judicial opinions, they ought to say that courts "hold" or "state" or "reason," but not that they "feel" or "believe." But, of course, judges are human, so we know that they do feel and believe things. They have convictions and commitments that are important to them, both personally and in …

Protecting The Attorney-Client Privilege In Business Negotiations: Would The Application Of The Subject-Matter Waiver Doctrine Really Drive Attorneys From The Bargaining Table?, Edward J. Imwinkelried

Duquesne Law Review

Privilege law is arguably the most important doctrinal area in the law of evidence. Most evidentiary doctrines relate primarily to the courts' institutional concerns about the reliability of the evidence that the trier of fact relies on. In contrast, privileges impact "extrinsic social policy."