Law Commons^™

Title Page - Volume 5 1966-1967

Duquesne Law Review

No abstract provided.

The Place Of Sanctions In Professor H.L.A. Hart's Concept Of Law, Leo Kanowitz

Duquesne Law Review

In his 1958 Harvard Law Review exchange with Lon Fuller, Professor H.L.A. Hart of Oxford University wrote:

It is surely not arguable (without some desperate extension of the word "sanction" or artificial meaning of the word "law") that every law in a municipal system must have a sanction, yet it is at least plausible to argue that a legal system must, to be a legal system, provide sanctions for certain of its rules.

Three years later Professor Hart published his book, The Concept of Law. Widely acclaimed as a significant and important contribution to twentieth-century jurisprudential thought, the book …

Commentary: The Convention On The Settlement Of Investment Disputes Between States And Nationals Of Other States, Andrew N. Farley

Duquesne Law Review

Included in the mandated "work program" adopted by the conferees at the first world Conference on World Peace Through the Rule of Law (Athens, 1963) was a reference respecting arbitration and conciliation as a means of resolving international disputes. The conferees urged studies to "(3) Further the proposed establishment of continental international arbitration tribunals. . . ." Frequent recognition has been given to the need to facilitate the settlement of investment disputes arising between a foreign investor and a State as a means of promoting mutual confidence and enhancing the opportunity for the increased flow of private capital into States …

Shakespeare For The Law Student, Edward J. Bander

Duquesne Law Review

Shakespearean scholarship has been sadly neglected in American law reviews. State and local bar journals have somewhat made up for this lacunae with penetrating bits on Shakespearean performances at the Inns of Court, annotations suggesting cases that inspired dramatic flurries and the perennial and exhaustive efforts to prove Shakespeare a conveyancer, a committee or an imposter.

The Unconquerable Prejudice Of Caste - Civil Rights In Early Pennsylvania, Eric W. Springer

Duquesne Law Review

The history of the Negro in the United States can be traced in a study of legal pronouncements. Uniquely, among the various nationality and ethnic groups which constitute America, the Negroes' history is found in legislative enactments and judicial decisions. From servitude to citizenship the story of the Negro is found in the law. To understand that story requires more than a mere reading of the law: one must understand its inconsistencies, its contradictions, its paradoxes, its ironies, its tragic and its comic face, its cruel and its self-destructive forces. One must understand its denial of, and quest for, humanity

Dilemma In Labor Law: The Right To Own Versus The Right To Know, Joseph Jr. Pass

Duquesne Law Review

From the line of labor decisions beginning with the Cordwainers Case to the most recent ones, one discernible fact is that the effort of labor unions to achieve a power balance with management has been extensive. And, at every step toward this ideal, the unions have been met with opposition by management. While some students of labor law feel that unions have now seen the scales tipped in their favor, others would disagree.

This comment explores one of the most recent conflicts between labor and management. It concerns the National Labor Relation Board's legal justification for requiring management to turn …

Trusts - Principal And Income Act - Mutual Funds, Richard E. Myers

Duquesne Law Review

The Pennsylvania Supreme Court in interpreting sections 5(1) and 5(3) of the Principal and Income Act of 1947 has held that mutual fund distributions designated as realized capital gains are allocable to principal.

In Re Estate of Brock, 420 Pa. 454, 218 A.2d 281 (1966).

Criminal Law - Criminal Procedure, Louis B. Loughren

Duquesne Law Review

Accused's loss of memory surrounding events of alleged criminal act held not to entitle him to a discharge from the indictment or stay of proceedings.

Commonwealth ex rel. Cummins v. Price, 421 Pa. 396, 218 A.2d 758(1966).

Relator was indicted for first degree murder. The only evidence presented of the alleged murder was circumstantial and, at best, inconclusive. A pretrial petition for a writ of habeas corpus was filed requesting that (1) the murder indictment be dismissed and relator be discharged from custody, or (2) the trial on the indictment be postponed. The petition averred that while the relator …

Title Page - Volume 5 (1966-1967)

Duquesne Law Review

No abstract provided.

Criminal Law - Criminal Responsibility, Richard S. Dorfzaun

Duquesne Law Review

Court of Appeals for the Second Circuit has adopted the ALI test for insanity.

United States v. Freeman, 357 F.2d 606 (2d Cir. 1966).

Table Of Contents - Volume 5, Number 2 (1966-1967)

Duquesne Law Review

No abstract provided.

Book Reviews, Robert Felix, Michael Katz, Eric W. Springer

Duquesne Law Review

WILLIAM HOWARD TAFT: CHIEF JUSTICE. By Alpheus Thomas Mason.

CONTRACT LAW IN AMERICA. By Lawrence M. Friedman.

SEX, PORNOGRAPHY & JUSTICE. By Albert B. Gerber.

Abortion In Perspective, Robert M. Byrn

Duquesne Law Review

The abortion controversy is assuming national proportions. The Association for the Study of Abortion, a nationwide organization dedicated to a liberalization of the law, has enlisted a cadre of speakers "to educate the public to reform." The Association seems to be politically as well as pedagogically oriented. One of its spokesmen recently hailed an abortion liberalization bill, introduced at the 1966 session of the New York State Legislature, as a "rallying point for reform forces in the state."' The abortion debate is already in vigorous progress in several states, including Pennsylvania and New York, but these states are not unique. …

Soviet Legal Education, John W. Hager

Duquesne Law Review

The title of this article may imply to some readers that the subject matter of its contents will prove to be a broad, comprehensive, and analytical study of all phases of Soviet legal education. No such implication is intended by the particular title selected, and lest the reader be disappointed at a later point, he is warned here that any broad, all-inclusive inferences drawn from the title are neither accurate nor will they be justified by what follows. The author's purposes are much less ambitious and much more limited in number and in scope. By this article he proposes to …

Management Rights And Subcontracting, John E. Burns

Duquesne Law Review

If we were a magician and could peer into a crystal ball and read the future, what would we see in the shadowland of managerial prerogatives? Undoubtedly a further shrinking and withering!

The handwriting is already clearly on the wall in large letters and bold face type, stenciled in indelibly in two cases of potentially farreaching decisions of National Labor Relations Board - Fibreboard Paper Products Corp. v. NLRB; and Town and Country Mfg. Co. v. NLRB. These two cases have caused strong repercussions in management circles.

Admiralty - Carriage Of Goods By Sea Act - Ship Mortgage Act, Joseph A. Murphy

Duquesne Law Review

Doctrine of seaworthiness expanded to include financial responsibility of a carrier.

Morrisey v. S.S. A. & J. Faith, 252 F. Supp. 54 (N.D. Ohio 1965).

Unilateral Contracts: An Examination Of Traditional Concepts And The Proposed Solution Of The Ali Restatement Of Contracts, Second (Tentative Draft No. 1), John Yetter

Duquesne Law Review

A basic function of any legal system is to provide a set of rules to govern the consequences of conduct in society. Some degree of inflexibility must necessarily attach to the application of those rules, not only to assure equal justice, but also to explicitly define what conduct is legally permissible. Although it is desirable that the legal consequences of conduct be reasonably certain, a rigid application of rules occasionally leads to clear injustice. To avoid these hardships, courts have resorted to certain fictionalizations in order to circumvent undesirable consequences. An alternative approach is to build an element of equitable …

Constitutional Law, Thomas Patrick Ruane

Duquesne Law Review

Congress, by appropriate legislation, may have the power to punish private conspiracies that interfere with fourteenth amendment rights.

United States v. Guest, 383 U.S. 745 (1966).

Perpetuities - Powers Of Appointment, Richard S. Dorfzaun

Duquesne Law Review

The Supreme Court of Rhode Island has held that, in determining the validity of an appointment under a general testamentary power of appointment under the Rule against Perpetuities, the period for vesting shall be calculated from the time of the exercise of the power.

Industrial Nat'l Bank v. Barrett, ___ R.I. ___, 220 A.2d 517 (1966).

Constitutional Law, John Ralph Kenrick

Duquesne Law Review

Initiative measure permitting discrimination in the sale or rental of private housing held to be "state action" in violation of the equal protection clause of the fourteenth amendment.

Mulkey v. Reitman, 413 P.2d 825 (1966), cert. granted, ___ U.S. ___ (1966) (No. 483).

Trade Regulations - "Monopolizing" Under Section 2 Of The Sherman Antitrust Act, H. Kennedy Linge

Duquesne Law Review

An inquiry into an alleged violator's willfulness is necessitated.

United States v. Grinnell Corp., 384 U.S. 563 (1966).

Torts - Governmental Immunity, John R. Mcginley Jr.

Duquesne Law Review

The Pennsylvania Supreme Court refuses to abolish the doctrine of sovereign immunity.

Dillon v. York City School Dist., 422 Pa. 103, 220 A.2d 896 (1966).

Trade Regulations - Group Boycott - Restraint Of Trade, David J. Pleva

Duquesne Law Review

joint refusal to deal resulting in an exclusion of traders from the competitive market is a per se violation of section 1 of the Sherman Act.

United States v. General Motors Corp., 384 U.S. 127 (1966).

Torts - Products Liability - Restatement (Second), Torts, 402(A), J. Jerome Mansmann

Duquesne Law Review

The Pennsylvania Supreme Court adopts a strict tort liability rule for the products liability area.

Webb v. Zern, 422 Pa. 424, 220 A.2d 853 (1966).

Title Page - Volume 5 (1966-1967)

Duquesne Law Review

No abstract provided.

Book Reviews, Leo W. Leary

Duquesne Law Review

THE MARITAL DEDUCTION AND THE USE OF FORMULA PROVISION. By Richard B. Covey.

Table Of Contents - Volume 5, Number 3 (1966-1967)

Duquesne Law Review

No abstract provided.

The Law Of Annexation And Metropolitan Government In Pittsburgh, David C. Harrison

Duquesne Law Review

No abstract provided.

The Role Of The Per Diem Argument In Personal Injury Suits, Thomas L. Cooper

Duquesne Law Review

With increasing frequency, appellate courts across the country are being forced to decide the propriety of counsel for the plaintiff utilizing a formula, or per diem approach, when discussing damages for pain and suffering in closing argument. Until a few years ago, this technique seems to have excited little attention, and to have generated few appeals. The steady rise in automobile accidents, the increasing amount of personal injury litigation, and the tendency of the courts to scrutinize carefully every procedure that might detract from a fair trial, have combined to bring this type of argument to the attention of the …

Constitutional Law - Courts-Martial - Right To Counsel, Richard S. Dorfzaun

Duquesne Law Review

An accused before a military court is not entitled under the sixth amendment to be represented by legally trained counsel.

Kennedy v. Commandant, 258 F. Supp. 967 (D. Kan. 1966).