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Full-Text Articles in Law
The Appropriate Judicial Response To Evidence Of The Violation Of A Criminal Statute In A Negligence Action, David E. Seidelson
The Appropriate Judicial Response To Evidence Of The Violation Of A Criminal Statute In A Negligence Action, David E. Seidelson
Duquesne Law Review
When a court hearing a negligence action is confronted with evidence of violation of a criminal statute, the court often fashions an awkward amalgam of legislative intent and common law concepts in determining such matters as the applicability of the statute to the action before the court and, finding such applicability, factual cause and effect, proximate cause, and contributory negligence. By resolving legislative intent judicially and reserving to the jury only those factfinding functions consonant with the legislative intent, the court can eliminate much of this awkwardness. By asking and intelligently answering three question - (1) Was the victim within …
Antitrust And Hospital Mergers: A Law And Economics Rationale For Exemption, Stephen Paul Paschall
Antitrust And Hospital Mergers: A Law And Economics Rationale For Exemption, Stephen Paul Paschall
Duquesne Law Review
No abstract provided.
Using A Firearm During And In Relation To A Drug Trafficking Crime: Defining The Elements Of The Mandatory Sentencing Provision Of 18 Usc § 924(C)(1), Michael J. Riordan
Using A Firearm During And In Relation To A Drug Trafficking Crime: Defining The Elements Of The Mandatory Sentencing Provision Of 18 Usc § 924(C)(1), Michael J. Riordan
Duquesne Law Review
Since 18 USC § 924(c)(1) was revised in 1986, it has been subject to varying interpretations by courts seeking to determine under what circumstances a person during and in relation to a drug trafficking crime uses or carries a firearm. This article provides guidance to the federal courts and practitioners in applying the mandatory five year sentencing provision of section 924(c)(1) as it relates to narcotic crimes.
The Americans With Disabilities Act Of 1990: Burden On Business Or Dignity For The Disabled?, Sandra K. Law
The Americans With Disabilities Act Of 1990: Burden On Business Or Dignity For The Disabled?, Sandra K. Law
Duquesne Law Review
No abstract provided.
The Robinson-Patman Act: Back Where It Started?, Robert J. Koch
The Robinson-Patman Act: Back Where It Started?, Robert J. Koch
Duquesne Law Review
No abstract provided.
Constitutional Right To Speedy Trial - Pennsylvania Rule Of Criminal Procedure 1100, David Gilmartin
Constitutional Right To Speedy Trial - Pennsylvania Rule Of Criminal Procedure 1100, David Gilmartin
Duquesne Law Review
Commonwealth's failure to monitor court dates constitutes failure of due diligence.
Commonwealth v Browne, 526 Pa 83, 584 A2d 902 (1990).
Strict Liability - Pharmacist Liability In Dispensing Prescription Drugs - Drugs And Narcotics, Sally Apter
Strict Liability - Pharmacist Liability In Dispensing Prescription Drugs - Drugs And Narcotics, Sally Apter
Duquesne Law Review
The Pennsylvania Supreme Court has determined that pharmacists cannot be held strictly liable as suppliers of defective products for injuries resulting from prescription drugs.
Coyle v Richardson-Merrell, Inc., ___ Pa ___, 584 A2d 1383 (1991).
Judicial Remedies - Labor Management Relations Act, Deborrah Kaczmarek Beck
Judicial Remedies - Labor Management Relations Act, Deborrah Kaczmarek Beck
Duquesne Law Review
The United States Supreme Court held that collective bargaining agreements, silent as to judicial remedies, cannot be construed to divest the courts of jurisdiction under section 301 of the Labor Management Relations Act.
Groves v Ring Screw Works, ___ US ___, 111 S Ct 498 (1990).
Criminal Law - Search And Seizure - Warrant - Affidavit - Rules Of Criminal Procedure - "Four Corners" Determination Of Probable Cause - Exclusionary Rule - Rejection Of "Good Faith" Exception - Right Of Privacy - Magisterial Neutrality, Louis A. Smith Ii
Duquesne Law Review
Commonwealth v Edmunds, 526 Pa 374, 586 A2d 887 (1991).
Table Of Contents, Volume 29, Number 2, Winter 1991
Table Of Contents, Volume 29, Number 2, Winter 1991
Duquesne Law Review
No abstract provided.
Re: The Impracticability Doctrine Of The U.C.C., Stephen G. York
Re: The Impracticability Doctrine Of The U.C.C., Stephen G. York
Duquesne Law Review
Traditionally, courts have used a two-prong test to determine if performance of a contract has been made legally impracticable and is thus excusable. This construction of the impracticability doctrine of the Uniform Commercial Code § 2-615 lacks proper basis in the intent of the statute's drafters. A proposed revision of section 2-615 is offered as a fair and efficient alternative to the current statutory language and judicial interpretation. The redrafted version of section 2-615 will promote the commercial norms associated with relational transactions, those contracts typically falling within the impracticability rubric.
Reclaiming Our Roots: Law And Mythology [Essay], Robert D. Taylor
Reclaiming Our Roots: Law And Mythology [Essay], Robert D. Taylor
Duquesne Law Review
Law schools offer an array of courses with that all too frequently uninformative word "and" in their titles: Law and Economics; Law and Accounting;, Law and Religion; Law and Literature. I doubt that any common meaning can be found for that little word "and" which would adequately describe the entire menu of courses using it. Instead, it is probable that the meanings concealed in that troublesome word can only be unpacked on a course-by-course basis. For example, does a course in Law and Literature mean that one will be reading in works of literature what has been written about lawyers …
Ancillary Restraints In A Competitive Global Economy: Does The Possibility Exist For An Ancillary Restriction To Be Reasonable In Light Of Section 1 Of The Sherman Act?, Claire E. Trunzo
Duquesne Law Review
No abstract provided.
Is The Trial Deposition Of An Expert Really Just An Interview?, John T. Hinton
Is The Trial Deposition Of An Expert Really Just An Interview?, John T. Hinton
Duquesne Law Review
No abstract provided.
Joint Tortfeasors In Toxic Substance Litigation: Paying Your Fair Share, Diane K. Wohlfarth
Joint Tortfeasors In Toxic Substance Litigation: Paying Your Fair Share, Diane K. Wohlfarth
Duquesne Law Review
No abstract provided.
Tort Law - Intoxicating Liquors - Minors - Social Hosts - Universities - National Fraternities, Jeffrey J. Bresch
Tort Law - Intoxicating Liquors - Minors - Social Hosts - Universities - National Fraternities, Jeffrey J. Bresch
Duquesne Law Review
The Supreme Court of Pennsylvania held that, absent allegations of "knowingly furnishing" alcohol to minors, neither university nor national fraternity could be held liable for property damages incurred as a result of a fire allegedly started by a minor student who was served alcoholic beverages at party held in university dormitory and of party hosted by local chapter of fraternity.
Alumni Association v Sullivan, ___ Pa ___ , 572 A2d 1209 (1990).
Diversity Jurisdiction - Limited Partnerships, Jan S. Barnett
Diversity Jurisdiction - Limited Partnerships, Jan S. Barnett
Duquesne Law Review
The United States Supreme Court held that, for purposes of diversity jurisdiction, the citizenship of each member of a limited partnership, both limited and general partners, must be considered.
Carden v Arkoma Associates, ___ US ___, 110 S Ct 1015 (1990).
Bankruptcy - Criminal Law - Sentencing - Restitution - Discharge - Drunk Driving Victims' Protection Act, Stuart Levine
Bankruptcy - Criminal Law - Sentencing - Restitution - Discharge - Drunk Driving Victims' Protection Act, Stuart Levine
Duquesne Law Review
After the United States Supreme Court decided that criminal restitution sentences were dischargeable debts under Chapter 13 of the Bankruptcy Code, Congress overruled the Court's decision and amended the Code accordingly.
Pennsylvania Department of Public Welfare v Davenport, ___ US ___, 110 S Ct 2126 (1990).
Worker's Compensation - Longshoremen And Harbor Workers' Compensation Act - Federal Employer's Liability Act, Eric J. Zagrocki
Worker's Compensation - Longshoremen And Harbor Workers' Compensation Act - Federal Employer's Liability Act, Eric J. Zagrocki
Duquesne Law Review
The United States Supreme Court held that railroad employee's who are injured while performing maintenance tasks on equipment essential to the process of loading or unloading a ship are covered for injuries under the provisions of the Longshoremen and Harbor Workers' Compensation Act.
Chesapeake and Ohio Railway Co. v Schwalb, ___ US ___, 110 S Ct 381 (1989).
Title Page - Volume 29 (1990-1991)
Table Of Contents, Volume 29, Number 3, Spring 1991
Table Of Contents, Volume 29, Number 3, Spring 1991
Duquesne Law Review
No abstract provided.
The Pennsylvania Issue: A Reflection, Christopher T. Lee
The Pennsylvania Issue: A Reflection, Christopher T. Lee
Duquesne Law Review
No abstract provided.
Maternal Liability For Prenatal Injury Arising From Substance Abuse During Pregnancy: The Possibility Of A Cause Of Action In Pennsylvania, Mary K. Kennedy
Maternal Liability For Prenatal Injury Arising From Substance Abuse During Pregnancy: The Possibility Of A Cause Of Action In Pennsylvania, Mary K. Kennedy
Duquesne Law Review
The medical profession has recognized the fetus as an individual patient separate from the mother for longer than the law has considered it an entity deserving of legal protection in its own right. In the early prenatal injury cases, courts denied recovery on the ground that a fetus was a part of the mother. Today, all states recognize the child's right to bring an action against a third party for negligent infliction of a prenatal injury.
This article examines the issues involved in allowing a child's cause of action against his mother for prenatal injuries, which injuries are not the …
Beyond The Third Generation: An Analysis Of Pennsylvania's Latest Attack On Hostile Takeovers, Michael S. Marshall
Beyond The Third Generation: An Analysis Of Pennsylvania's Latest Attack On Hostile Takeovers, Michael S. Marshall
Duquesne Law Review
No abstract provided.
Defense Practitioners, Slumber No More: Pennsylvania Courts Deliver An Unexpected Wake-Up Call Concerning The Section 1446(B) Removal Time-Period, Jon R. Perry, Daniel P. Taylor
Defense Practitioners, Slumber No More: Pennsylvania Courts Deliver An Unexpected Wake-Up Call Concerning The Section 1446(B) Removal Time-Period, Jon R. Perry, Daniel P. Taylor
Duquesne Law Review
No abstract provided.
The 1990 Pennsylvania Auto Insurance Law: An Analysis Of "Bad Faith" And The "Limited Tort Option", C. Christopher Hasson, Michael F. Nerone
The 1990 Pennsylvania Auto Insurance Law: An Analysis Of "Bad Faith" And The "Limited Tort Option", C. Christopher Hasson, Michael F. Nerone
Duquesne Law Review
No abstract provided.
Owner/Lender Liability To Unpaid Subcontractors, Jeffrey Murray
Owner/Lender Liability To Unpaid Subcontractors, Jeffrey Murray
Duquesne Law Review
No abstract provided.
Self-Help Eviction Of A Tenant In Pennsylvania: To Be Or Not To Be?, Michael J. Revness
Self-Help Eviction Of A Tenant In Pennsylvania: To Be Or Not To Be?, Michael J. Revness
Duquesne Law Review
No abstract provided.
Title Page - Volume 29 (1990-1991)
Table Of Contents, Volume 29, Number 4, Summer 1991
Table Of Contents, Volume 29, Number 4, Summer 1991
Duquesne Law Review
No abstract provided.