Law Commons^™

Why Family Values Faltered: Capitalism, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Casey Conundrum, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Title Page - Volume 31 (1992-1993)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 31, Number 1, Fall 1992

Duquesne Law Review

No abstract provided.

Rules And Standards: A Critique Of Two Critical Theorists, John P. Goebel

Duquesne Law Review

This article attacks the Critical Legal Studies ("CLS") position that the rule of law is impossible. The article focuses on legal form, where two CLS scholars have asserted that the two choices for the form of a legal directive, rules and standards, each embody the conflicting ideological positions that characterize the political world. While acknowledging the inter-connectedness of form and substance, the article takes issue with the conclusion that because views regarding the proper form and substance of law differ on both descriptive and prescriptive levels, law then simply becomes the embodiment of the moral, political, and economic choices we …

The Model Employment Termination Act: Fruitful Seed Or Noxious Weed?, Jeanne Duquette Gorr

Duquesne Law Review

No abstract provided.

Medical Self-Determination: A Call For Uniformity, Thomas Rivosecchi

Duquesne Law Review

No abstract provided.

Cold Body - Hot Assets: Entity And Aggregate Partnership Theories In Conflict; Treatment Of Irc § 751(C) Unrealized Receivables Upon The Death Of A Partner, Richard J. Wood

Duquesne Law Review

The question of proper tax treatment of unrealized receivables of a partnership upon the death of a partner is used as a vehicle to explore the tension between entity and aggregate partnership theories. The death of a partner, and the subsequent disposition of his or her partnership interest, triggers the application of several sections of the Internal Revenue Code. The tax implications that follow such a disposition are examined for the purpose of determining which theory best describes the result required under the Code. Tax theory is then applied to determine how specific partnership unrealized receivables should be taxed consistent …

Child Sexual Abuse: Family Problem Or Crime?, Barbara Jollie

Duquesne Law Review

No abstract provided.

Securities Exchange Act - Breach Of Corporate Fiduciary Duty, Holly Mccann

Duquesne Law Review

The United States Court of Appeals for the Third Circuit ruled that a company that adopted a shareholder's right plan did not violate Section 10(b) of the Securities Exchange Act or Rule 10b-5, since the corporate officers and board members did not omit facts or misinform the public as to any material matter regarding the plan.

Lewis v Chrysler Corporation, 949 F2d 644 (3d Cir 1991).

Dubious Practice? The Storm Over Physician Self-Referrals, Carolyn M. Pengidore

Duquesne Law Review

No abstract provided.

Labor Law - Unfair Labor Practices - Union Trespassing - Employer Private Property Rights, Rebecca Mastrangelo

Duquesne Law Review

The United States Supreme Court has held that an employer who refuses admittance to his property to nonemployee union organizers has not committed an unfair labor practice if alternative means of communicating to the employees are available to the union.

Lechmere, Inc. v NLRB, US , 112 S Ct 841 (1992).

Constitutional Law - Confrontation Clause - Unavailability Of Out-Of-Court Declarant, John E. Mcgrady Iii

Duquesne Law Review

The United States Supreme Court held the Sixth Amendment of the United States Constitution does not require that the prosecution either produce the declarant at trial or the trial court find the declarant unavailable before testimony may be admitted under the spontaneous declaration or medical examination exceptions to the hearsay rule.

Randall D. White v Illinois, ___ US ___ , 112 S Ct 736 (1992

Title Page - Volume 30 (1991-1992)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 30, Number 2, Winter 1992

Duquesne Law Review

No abstract provided.

Admission Of Business Records Into Evidence: Using The Business Records Exception And Other Techniques, Thomas P. Egan, Thomas J. Cunnigham

Duquesne Law Review

This article discusses problems encountered by attorneys faced with complex civil litigation where much evidence is contained in business-related documents. The article discusses evidentiary problems that recur in a majority of business documents, such as opinions by persons who are unavailable or nonexperts that are contained in these documents, and multiple levels of hearsay within business documents. In addition, this article explores the alternative options available to counsel when attempts to use the "business records exception" fail.

Escaping The Rico Dragnet In Civil Litigation: Why Won't The Lower Courts Listen To The Supreme Court?, Michael P. Kenny

Duquesne Law Review

This article provides a comprehensive analysis of civil RICO, and shows that the federal courts are divided in their interpretations of virtually every significant aspect of civil RICO. Mr. Kenny argues that the division of opinion is due to articulate meaningful interpretations of RICO's essential elements. Mr. Kenny also argues that unless RICO is amended to clarify its central components, or unless the Supreme Court decides that RICO is unconstitutionally vague, the lower federal courts will continue to fail to reach consensus on RICO's various elements. As a result, the courts will continue to fail to articulate meaningful standards of …

The Aids Challenge Continues: Should Pennsylvania's Criminal Law Take On The Challenge?, Molly E. Puhlman

Duquesne Law Review

No abstract provided.

Marshaling In Bankruptcy: Questioning The Recent Expansions To The Common Debtor Requirement, Many Emamzadeh

Duquesne Law Review

No abstract provided.

Federal Sentencing Guidelines: The Key To Corporate Integrity Or Death Blow To Any Corporation Guilty Of Misconduct?, Eric J. Zagrocki

Duquesne Law Review

No abstract provided.

Pennsylvania Interspousal Inheritance Tax Reform: An Inappropriate Response, Jon A. Cwalina

Duquesne Law Review

No abstract provided.

Substantive Economic Due Process And Equal Protection In Pennsylvania: Are We Free From Restrictive Economic Regulation?, John E. Gomolchak

Duquesne Law Review

No abstract provided.

Constitutional Law - Eighth Amendment - Cruel And Unusual Punishment - Proportionality Guarantee, Christine D. Marton

Duquesne Law Review

The United States Supreme Court held that the Eighth Amendment contains no proportionality guarantee and thus upheld a mandatory sentence of life imprisonment with no possibility of parole for possession of 672.5 grams of cocaine in violation of a Michigan statute.

Harmelin v Michigan, ___ US ___, 111 S Ct 2680 (1991).

Constitutional Law - First Amendment - Freedom Of Expression - Public Indecency, Gary P. Robinson

Duquesne Law Review

The United States Supreme Court held that the enforcement of Indiana's public indecency statute to require dancers to wear G-strings and pasties at adult entertainment establishments did not violate the First Amendment.

Barnes v Glen Theatre, Inc., ___ US ___, 111 S Ct 2456 (1991).

Insurance, Ann E. Rice

Duquesne Law Review

The United States Court of Appeals for the Third Circuit held that, under Pennsylvania law, the phrase "on authorized business" in a life insurance policy was ambiguous and could reasonably be interpreted to apply to an employee who was murdered by her estranged husband after she had completed her work shift but before she had left her employer's premises.

McMillan v State Mutual Life Assurance Co. of Am., 922 F2d 1073 (3d Cir 1990).

Title Page - Volume 30 (1991-1992)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 30, Number 3, Spring 1992

Duquesne Law Review

No abstract provided.

History Of The Strike-Lockout Distinction Of Pennsylvania's Unemployment Compensation Law, James K. Bradley, Daniel R. Schuckers

Duquesne Law Review

This article provides an analysis of the legislative changes to the labor dispute disqualification of the Pennsylvania Unemployment Compensation Law since its enactment in 1936, culminating in the lockout exception in 1949. This article attempts to provide a historical analysis while at the same time focusing on areas of controversy and litigation pertaining to labor dispute disqualification, particularly the judicially created concepts of "status quo" and "reasonable time." Each area is discussed and specific changes in the interpretation of the law are suggested where warranted in the hope of fostering uniformity and consistency, thereby reducing the number of labor disputes …

Pennsylvania's Accountant-Client Privilege: An Asset With Liabilities, Martin R. Bartel

Duquesne Law Review

Accountants, their clients, and attorneys for both parties are no doubt generally aware of the accountant-client privilege and feel some assurance knowing that, when faced with a summons or subpoena, the privilege may be invoked to prevent disclosure of information which clients have revealed to their accountants. However, significant limitations on the accountant-client privilege exist in the Commonwealth of Pennsylvania. To provide the reader an accurate assessment of the exact protection afforded by the privilege, this article will examine the Pennsylvania accountant-client statute and relevant case law construing the statute. This article will also touch on the availability of the …

The Common Law Of Partial Disability And Vocational Rehabilitation Under The Pennsylvania Workmen's Compensation Act: Kachinski And The Availability Of Work Doctrine, David B. Torrey

Duquesne Law Review

The Pennsylvania law governing an injured worker's "partial disability" status and right to vocational rehabilitation under the Workmen's Compensation Act is governed exclusively by court cases rather than by statute. The rule established by these court precedents constitute what is commonly referred to as the doctrine of "job availability," and are found in two categories of judicial decisions. The first set of cases establishes precisely what job availability consists of, and what an employer must demonstrate under the Pennsylvania Act to suspend or otherwise reduce its liability by showing a claimant's transition to partial disability. The second set of cases …