Law Commons^™

The Obscenity Commission Report - An Editor's Note, The Editor

Duquesne Law Review

In October, 1967 Congress established an advisory commission (1) to study the effect of obscenity upon the public, particularly minors, and its relationship to crime and other antisocial behavior; and, (2) to recommend legislative action necessary to regulate traffic in obscenity without interfering with constitutional rights. During the fall of 1970 the Commission on Obscenity and Pornography issued its report. The Commission majority recommended that legal restriction of obscene books, pictorials, and motion pictures be totally abolished for adults and that the restriction of obscene books be lifted for children. Such a prescription for legal reform was largely based on …

Title Page - Volume 10 (1971-1972)

Duquesne Law Review

No abstract provided.

Indochina: Some Lingering Issues Of Law And Policy, Cornelius F. Murphy Jr.

Duquesne Law Review

One consequence of the "winding down" of the Vietnam War has been a lessening of interest in the legal issues raised by the conflict. But there are some recent reminders of the relevance of law to this great tragedy. The decision of the Supreme Court in Gillette v. United States dramatically illustrates how the human conscience remains tortured by the war. Within Indochina, two major military operations: the Cambodian incursion, and the movement of troops into Laos, have posed new questions of law and policy for international lawyers.

Judicial Conservatives And Supreme Court, Ronald R. Davenport

Duquesne Law Review

I was given the title "Judicial Conservatives and the Supreme Court." I think that is a rather appropriate title in that we must draw a distinction between judicial conservatives and the Supreme Court, judicial conservatives on the Supreme Court, and conservatives on the Supreme Court. DeToqueville said that every question in the United States sooner or later is framed as a legal question and comes before the Supreme Court. I think that speaks something of the Court's power and its influence in our society. Frankfurter has said that the Supreme Court's power is neither of the purse nor of the …

Local Taxation Of Mobile Homes And Trailer Camps In Pennsylvania - Meeting The Burden, Henry S. Perkin

Duquesne Law Review

The house trailer or mobilehome industry has grown to tremendous proportions within the past twenty-five years. The interest in this mode of living began in the late 1940's due to a shortage of available permanent homes. Although this type of abode is called a "trailer" or "mobliehome," its nature is actually permanent. The average mobilehome is ten to twelve feet wide and often greater than fifty feet in length. Such trailers are not movable through the ordinary use of an automobile. Special tractors are needed for this task and hauling permits are required for use of the state's highways and …

Court Administration: The Newest Profession, Bernadine Meyer

Duquesne Law Review

Developments in court administration have come at a rapid rate during the past decade. The efforts of Chief Justice Warren Burger have contributed greatly to this accelerated growth. In assessing the state of the judiciary, he termed challenges to our system of justice "colossal and immediate," and assigned priority "to methods and machinery, to procedure and techniques, to management and adminis tration of judicial resources." These, he reasoned, would not be the long range undertakings that re-examination of outdated substantive legal institutions would be.

The Pornography Report: Epistemology, Methodology And Ideology, Weldon T. Johnson

Duquesne Law Review

In a summary section of The Report of the Commission on Obscenity and Pornography, my colleagues and I wrote that ". . . persons who are unfamiliar with erotic materials may experience strong and conflicting emotional reactions when first exposed to sexual stimuli. Multiple responses, such as attraction and repulsion to an unfamiliar object, are commonly observed in the research literature on psychosensory stimulation from a variety of nonsexual as well as sexual stimuli."' It may be ironic (but not unpredictable) that the Report we were writing would subsequently generate similarly strong and conflicting emotional responses, for the same …

Plea Bargaining: The Judicial Merry-Go-Round, Robert W. Mcclure

Duquesne Law Review

The last decade has brought to our courts the increasing awareness that the criminal is winning the war against crime. He is not winning through cunning or guile, nor even with the aid of modern technology. He is winning because the sheer number of his comrades-in-arms is beginning to buckle our cumbersome system of justice. Realizing the need to relieve its congested dockets, the courts have resorted to various methods to expedite the legal process. One of these methods, plea bargaining, is not designed to accelerate the trial level but instead eliminate it. It has done just that with remarkable …

Private Antitrust Plaintiffs - Additional Advantages, Thomas M. Kerr

Duquesne Law Review

No abstract provided.

Books Received

Duquesne Law Review

No abstract provided.

Title Vii Of The Civil Rights Act Of 1964 - Educational And Testing Requirements Invalid Unless Job-Related, Fred W. Veil

Duquesne Law Review

The United States Supreme Court has held that an employer's use of educational and testing requirements for screening job applicants violates Title VII of the Civil Rights Act of 1964 when the effect is to disqualify a disproportionate number of Negroes, and where there is no showing that either standard is significantly related to job performance.

Griggs v. Duke Power Company, 401 U.S. 424 (1971).

Criminal Procedure - Change Of Venue For Jury Prejudice, Norman K. Clark

Duquesne Law Review

The United States Supreme Court has held that a state statute preventing a change of venue for a jury trial in a criminal case, solely on the ground that the crime with which defendant was charged was a misdemeanor, violates the right to trial by impartial jury guaranteed by the fourteenth amendment.

Groppi v. Wisconsin, 400 U.S. 505 (1971).

Constitutional Law - Aliens, John J. Reid

Duquesne Law Review

The United States Supreme Court has held that state welfare laws discriminating against aliens violate the equal protection clause of the fourteenth amendment, and encroach upon the exclusive federal control of immigration.

Graham v. Richardson, 403 U.S. 365 (1971).

Book Reviews, David F. Maxwell, David R. Gold, Ewell E. Murphy Jr., Robert Pennington

Duquesne Law Review

THE SILVERLAKE EXPERIMENT. By Lamar T. Empey and Steven G. Lubeck. Chicago: Aldine Publishing Company, 1971. Pp. x, 354. $12.50.

THE FEAR OF CONSPIRACY: IMAGES OF UN-AMERICAN SUBVERSION FROM THE REVOLUTION TO THE PRESENT. Edited with commentary by David Brion Davis.Ithaca: Cornell University Press, 1971. Pp. xxiv, 362. $10.00.

THE INTERNATIONAL LAW OF CIVIL WAR. Edited by Richard A. Falk. Baltimore: The Johns Hopkins Press, 1971. Pp. xix, 452. $15.00.

THE DEATH OF THE GREAT SPIRIT: AN ELEGY FOR THE AMERICAN INDIAN. By Earl Shorris. New York: Simon and Schuster, 1971. Pp. 253. $6.95.

Torts - Emotional Distress, Eric Pearson

Duquesne Law Review

The Pennsylvania Supreme Court has held that a cause of action exists for mental distress resulting from the wanton and wilful conduct of causing indignities to a corpse.

Papieves v. Kelly, 437 Pa. 373, 263 A.2d 118 (1970).

Civil Rights - Housing Law - Effects Of Racial Concentration In Renewal Area, Thomas A. Koza

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that the Department of Housing and Urban Development's approval of an urban renewal plan, by concentrating on land use factors without inquiry into the effects of the type of housing on racial concentration, does not comply with the Housing Act of 1949 and the Civil Rights Acts of 1964 and 1968.

Shannon v. United States Department of Housing and Urban Development, 436 F.2d 809 (3d Cir. 1970).

Affirmative Action Dents The National Labor Policy, Aims C. Coney Jr.

Duquesne Law Review

In this author's earlier review of Executive Order 11,246, published in February, 1971, it was predicted that 1971 would be the year in which affirmative action would achieve the awe and the respect of the legal profession. Among the reasons then given for the profession's expanding awareness were the following: (1) the far greater circulation of equal opportunity certification forms among government contractors and subcontractors; (2) the growing tendency of federal, state and local civil rights enforcement agencies to use affirmative action criteria in adjudicating issues of discrimination; (3) the federal government's readiness to use stop orders in the construction …

Juveniles - Adjudication Of Delinquency - Maximum Sentences, James R. Miller

Duquesne Law Review

The Pennsylvania Supreme Court has held that a juvenile may be sentenced to a longer maximum commitment than an adult tried for the same crime if the following conditions are present: 1.) the juvenile is notified at the outset of the proceedings of all factors upon which the state proposes to base the adjudication; 2.) the facts supporting the ultimate conclusions must be clearly found and set forth; and, 3.) it must be clear that during the longer commitment the juvenile will receive appropriate rehabilitative care.

Wilson Appeal, 438 Pa. 425, 264 A.2d 614 (1970).

Articles - Authors - Volume 10 (1971-1972)

Duquesne Law Review

No abstract provided.

Comments - Titles/Recent Decisions - Titles - Volume 10 (1971-1972)

Duquesne Law Review

No abstract provided.

Book Reviews, M. Cherif Bassiouni, G. Daniel Carney, Thomas M. Kerr

Duquesne Law Review

THE PROSPECTS FOR REVOLUTION: A STUDY OF RIOTS, CIVIL DISOBEDIENCE, AND INSURRECTION IN CONTEMPORARY AMERICA. By Ralph W. Conant. New York: Harper's Magazine Press, 1971. Pp. xi, 290. $8.95.

UNCOMMON CONTROVERSY: FISHING RIGHTS OF THE MUCKLESHOOT, PUYALLUP, AND NISQUALLY INDIANS. By American Friends Service Committee. Seattle: University of Washington Press, 1970. Pp. 232. $5.95 (Cloth), $2.50 (Paperback).

READY FOR THE DEFENSE. By Martin Garbus. New York: Farrar, Straus and Giroux, 1971. Pp. xiii, 306. $7.95.

Enlightened Territorialism And Professor Cavers - The Pennsylvania Method, Aaron D. Twerski

Duquesne Law Review

A nice thing happened to "territorialism" one day. It had the good luck to run into Professor David Cavers. Prior to this encounter it had suffered a cruel fate. From relative obscurity it was touted by Professor Beale and the "vested righters" as the "only" solution to choice-of-law problems worthy of intellectual respect. It was quickly encased and enshrined in Restatement I for all to adore and admire. Having been placed on an undeserved pedestal it was not long before this child prodigy began throwing its weight around. The inevitable happened. Under the onslaught of truly brilliant legal thinking and …

The Territorial Imperative: Automobile Accidents And The Significance Of A State Line, Robert Allen Sedler

Duquesne Law Review

The decision in Cipolla v. Shaposka should be pleasing to the "enlightened territorialists" such as Professor Cavers and Professor Twerski. For an "anti-territorialist" such as the present writer, whose approach to choice of law is based primarily upon interest analysis and considerations of fairness applied in the context of particular cases, it has a somewhat different effect. It forces him to reconsider whether there is any validity to the "territorial imperative," to which, in the past, either out of excess timidity or some notion of constitutional compulsion, he has made some obeisance. The results of that reconsideration are contained herein. …

Weighing Contracts In Conflicts Cases: The Handmaiden Axiom, Courtland H. Peterson

Duquesne Law Review

John Shaposka, a resident of Delaware, offered Michael Cipolla a ride to Michael's home in Pennsylvania after their classes in a Delaware school were ended for the day. Michael accepted and was injured when the automobile, driven by John and owned by John's father, was involved in a collision while still in Delaware. Delaware has a statute barring recovery against a host who was only ordinarily negligent, while Pennsylvania has no guest statute. Michael and his parents sued John in Pennsylvania, apparently urging only that John was guilty of ordinary negligence. Recovery could therefore be had only if the Pennsylvania …

Constitutional Law - Freedom Of The Press - First Amendment Right Of A Newsman Not To Reveal Confidential Information, Robert Thomas Barletta

Duquesne Law Review

United States District Court for the Northern District of California has held that a newspaper reporter called before a grand jury would not be required to reveal confidential associations, sources, or information that impinge upon the effective exercise of his First Amendment right to gather news for dissemination until such time as a compelling and overriding national interest which cannot be alternatively served has been established to the satisfaction of the court.

Application of Caldwell, 311 F. Supp. 358 (N.D. Cal. 1970).

Estate Law - Testamentary Rights Of An Adopted Grandchild Adopted After The Death Of The Testator, Walter J. Orze

Duquesne Law Review

The Pennsylvania Supreme Court has held that a testator's grandchild, who was adopted after the testator's death, was entitled to share in a testamentary disposition of trust income to his daughter's children, if any, after her death. The Court allowed this distribution where it was clearly shown that the testator knew at the time he executed his will that his daughter could have no children and already had adopted one, who subsequently died.

Chambers Estate, 438 Pa. 22, 263 A.2d 746 (1970).

The Poor Kid, Jonathan Weiss

Duquesne Law Review

Juvenile law and lore present a series of real contradictions. An enormous mound of articles deal with the field, but there are only two Supreme Court cases directly on the question of juvenile rights in the juvenile court process. We have been exhorted time and time again to trust the state as a "loving parent" who has the child's best interests at heart. But many scholars have documented the horrors that a juvenile actually experiences in the state's dealings with him. Some judges too have recognized these horrors.

The Lawyer-Child Relationship: A Statistical Analysis [Project], Stephen G. Walker

Duquesne Law Review

In the day-to-day activities of the lawyer, his usual clients are the corporations, businessmen, criminals, and middle to upper class persons who rely upon him for legal guidance. His counsel is dispensed with equanimity and confidence, albeit the distress it may sometimes bring his client. His advice may be given to prevent a possible suit from being brought; it may be given to settle impending litigation; it may be given once a verdict has been reached. It is clear in each case that the lawyer is paid to free his client from present or future liability, or at least to …

Neglect Proceedings And The Conflict Between Law And Social Work, Patrick R. Tamilia

Duquesne Law Review

The 20th century might well be considered the age when children acquired the right to exist. To some, the rights and privileges of children have developed so rapidly that they would categorize our culture to be child-centered and our future to be youth-directed. For the undeniable betterment of mankind, within the past 50 years, we have come to be aware of the inner life and intrinsic worth of the child as an independent being. Much of what we consider to be permissive, uncontrolled child behavior is a result of the recent recognition of the individual worth of the child. Perhaps …

Title Page - Volume 9 (1970-1971)

Duquesne Law Review

No abstract provided.