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Title Page - Volume 41 (2002-2003)

Duquesne Law Review

No abstract provided.

The Openness Of Talmud, Bruce Ledewitz

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 41, Number 2, Winter 2003

Duquesne Law Review

No abstract provided.

The United Nations' Paradox: The Battle Between Humanitarian Intervention And State Sovereignty, Jennifer L. Czernecki

Duquesne Law Review

No abstract provided.

The Erosion Of The Attorney-Client Privilege And Work Product Doctrine In Federal Criminal Investigations

Duquesne Law Review

The report expresses the view that the attorney client privilege and work product doctrine have been eroded in federal criminal investigations and prosecutions in a way inimical to the fair administration of justice. Arguing that the attorney-client privilege and work product doctrine are essential to the adversary process and the criminal justice system, the report urges the federal government to review and modify its policies to ensure that the privileges are preserved.

Terrorism: Aliens' Freedom Of Speech And Association Under Attack In The United States, Aubrey Glover

Duquesne Law Review

No abstract provided.

Title Page - Volume 41 (2002-2003)

Duquesne Law Review

No abstract provided.

When An Individual Is Killed By The Use Of Force, The Convention For Protection Of Human Rights And Fundamental Freedoms Requires That There Be An Effective Investigation And An Effective Remedy Available: Edwards V. United Kingdom, Lori Edwards

Duquesne Law Review

The European Court of Human Rights held that a country who is a signatory to the Convention for Protection of Human Rights and Fundamental Freedoms must provide an effective investigation, including an opportunity to cross-examine witnesses, and an effective remedy when a person dies while in police custody.

Edwards v. United Kingdom, 2002 WL 347058 (ECHR).

The Use Of Community Standards By The Child Online Protection Act To Determine If Material Is Harmful To Minors Is Not Unconstitutional: Ashcroft V. American Civil Liberties Union, Kristin Ringeisen

Duquesne Law Review

The Supreme Court of the United States held that the Child Online Protection Act's use of "community standards" to determine if material is "harmful to minors" does not violate the First Amendment.

Ashcroft v. American Civil Liberties Union et al., 122 S. Ct. 1700 (2002)

Where The Rainbow Ends: Trying To Find A Pot Of Gold For Same-Sex Couples In Pennsylvania, Maureen B. Cohon

Duquesne Law Review

The article provides an overview of Pennsylvania law regarding same-sex couples, including an examination of domestic partner rights, adoption rights, and estate planning procedures.

Table Of Contents, Volume 41, Number 3, Spring 2003

Duquesne Law Review

No abstract provided.

Dispatch And Delay: Post Conviction Relief Act Litigation In Non-Capital Cases, Donald J. Harris, Kim Nieves, Thomas M. Place

Duquesne Law Review

The article examines post-conviction delays in Pennsylvania, providing a quantitative study of post-trial collateral view. The first empirical study of its kind, the article employs a range of empirical methods for systematically measuring litigation times, and presents a descriptive analysis of the factors accelerating or impeding disposition. The article concludes that trial court collateral relief litigation in Pennsylvania can be improved by adopting several recommendations that will achieve the goal of "fair and just" post-conviction relief procedures.

The First Amendment Allows A Candidate For Judicial Election To Announce His Or Her Views On Disputed Legal Or Political Issues: Republican Party Of Minnesota V. White, Jacob Mccrea

Duquesne Law Review

The Supreme Court of the United States held that a statute prohibiting a candidate for judicial office from announcing his or her views on disputed legal or political issues violated the candidate's First Amendment right to freedom of speech.

Republican Party of Minnesota v. White, 122 S. Ct. 2528 (2002)

Competitive Bidding Of Municipal Contracts In Pennsylvania And The Litigation It Generates: Who Is The Lowest Responsible Bidder?, John K. Gisleson

Duquesne Law Review

Although the procedure for bidding contracts is clear, there has been significant litigation challenging contract awards based on the process used to award contracts and the basis for selecting the lowest responsible bidder. This article addresses the competitive bidding requirements applicable to first class townships under the Code, identifies various issues that arise in the context of evaluating bids, and discusses challenging a contract award in an injunctive proceeding.

A Cry For Compassion: Fear Of Aids In Pennsylvania, Andrew M. Satriano

Duquesne Law Review

No abstract provided.

Compensatory Damage Awards Should Not Be Remanded Despite Reversal Of Judgment On Separate Claims Where The Verdict Specifically Enumerates The Damages Against Each Defendant For Each Cause Of Action: Paves V. Corson, Ayanna Lee

Duquesne Law Review

The Pennsylvania Supreme Court held that a compensatory damage award should not be overturned where the verdict specifically enumerates the damages against each defendant for each cause of action unless it is clear the amount awarded resulted from some improper influence.

Paves v. Corson, 801 A.2d 546 (Pa. 2002)

Title Page - Volume 41 (2002-2003)

Duquesne Law Review

No abstract provided.

Is Ignorance Bliss? - A Pennsylvania Employer's Obligation To Provide Reasonable Accommodation To Employees It Regards As "Disabled" After Buskirk V. Apollo Metals, Inc., Padmaja Chivukula

Duquesne Law Review

This article examines the evolving standards articulated by the Third Circuit Court of Appeals in order to attempt to provide some guidance as to the responsibilities of Pennsylvania employers and the rights of Pennsylvania employees under the "regarded as" disabled prong of the ADA and the Pennsylvania Human Relations Act after Buskirk v. Apollo Metals. This article examines the statutory framework of the ADA including an analysis of the statutory precursor to the ADA, the Rehabilitation Act of 1973. Additionally, the article examines the regulations promulgated by the Equal Employment Opportunity Commission and the Supreme Court's analysis of the …

Sitting "Superarbitrators" Or According "Great Deference?" - Pennsylvania Courts And The Essense Test Under Pera Since State System Of Higher Education (Cheyney University) V. State College And University Professional Association (Psea-Nea), Nicholas J. Zidik

Duquesne Law Review

No abstract provided.

President Truman And The Steel Seizure Case: A 50-Year Retrospective: Transcript Of Video Interview Between Professor Ken Gormley And Chief Justice William H. Rehnquist, October 30, 2002

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 41, Number 4, Summer 2004

Duquesne Law Review

No abstract provided.

"Second Parent" Same-Sex Adoption Are Valid If In The Best Interest Of The Child: In Re Adoption Of R.B.F. And R.C.F., Shannon E. Smith

Duquesne Law Review

The Pennsylvania Supreme Court held that second-parent same sex adoptions were permissible if the petitioner could demonstrate cause that such an adoption would be in the best interests of the child.

In re Adoption of R.B.F. and R.C.F., 803 A.2d 1195 (Pa. 2002)

In Memoriam: David E. Feller (1916-2003), Robert F. Kravetz

Duquesne Law Review

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Will Youngstown Survive?, Maeva Marcus

Duquesne Law Review

The article examines the landmark United States Supreme Court case Youngstown Sheet & Tube Co. v. Sawyer, specifically in the context of the Symposium Proceedings accompanying this issue. The article traces the history of the case and its aftermath, exploring its role in later presidential powers cases before the Supreme Court. The article also discusses the relevance of the Steel Seizure case in the era of terrorism.

Thoughts About The Steel Seizure Case, David E. Feller

Duquesne Law Review

No abstract provided.

Presidential Power And Truman's Seizure Of The Steel Mills, Ken Hechler

Duquesne Law Review

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President Truman And The Steel Seizure Case: A 50-Year Retrospective - Transcript Of Proceedings

Duquesne Law Review

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A View From The Inside: Working With President Truman On The Steel Seizure Case, Milton Kayle

Duquesne Law Review

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By Article Title - Volume 41 Index (2002-2003)

Duquesne Law Review

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Did The United States Supreme Court Make A Bonfire With The Bundle Of Sticks?: The Tenancy By The Entireties Before And After United States V. Craft, With An Emphasis On Pennsylvania Law, Angela Sheffler

Duquesne Law Review

No abstract provided.