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Title Page - Volume 20 (1981-1982)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 20, Number 1, Fall 1981

Duquesne Law Review

No abstract provided.

Dedication - Ronald Ross Davenport - Educator, Activist, Leader, John Heinz

Duquesne Law Review

No abstract provided.

Dedication - Ronald Davenport, Henry J. Mcanulty

Duquesne Law Review

No abstract provided.

Dedication - Ronald Ross Davenport - An Appreciation, Kenneth L. Hirsch

Duquesne Law Review

No abstract provided.

Constitutional Law - Racial Discrimination - Thirteenth Amendment, Nicholas D. Krawec

Duquesne Law Review

42 U.S.C. § 1982-The United States Supreme Court has held that the official closing of a public street, resulting in a benefit for the white residents of that street and an inconvenience disparately impacting black residents of a neighboring community, is neither a badge of slavery prohibited by the thirteenth amendment nor an impairment of property interests protected by 42 U.S.C. § 1982.

City of Memphis v. Greene, 101 S. Ct. 1584 (1981).

Constitutional Law - Fifth And Fourteenth Amendments - Privilege Against Self-Incrimination - Procedure In State Criminal Trials - Jury Instructions, Terry J. Trexler

Duquesne Law Review

The Supreme Court of the United States has held that a state criminal trial judge has a constitutional obligation, on a defendant's request, to instruct a jury that no inference of guilt may be drawn from a defendant's failure to testify.

Carter v. Kentucky, 101 S. Ct. 1112 (1981).

Constitutional Law - Fourteenth Amendment - Right To Privacy - Contraceptives - Minors, Wendy T. Weil

Duquesne Law Review

The United States Court of Appeals for the Sixth Circuit has held that a state-funded family planning center's distribution of contraceptives to minors without parental notice does not violate the parents' constitutional rights.

Doe v. Irwin, 615 F.2d 1162 (6th Cir.), cert. denied, 449 U.S. 829 (1980).

Parental Kidnapping: Can The Uniform Child Custody Jurisdiction Act And Federal Parental Kidnapping Prevention Act Of 1980 Effectively Deter It?, Rita Mankovich Irani

Duquesne Law Review

Despite the adoption in forty-four states of the Uniform Child Custody Jurisdiction Act, kidnapping remains a widespread alternative for parents who seek custody of their children. The author discusses how the willingness of courts to entertain the custody petition of a parent who has kidnapped his child has provided incentive for child-snatching, and probes section 8 of the Act, which sets forth guidelines for courts to use in determining whether to hear such petitions. Selected cases are presented to illustrate a proper interpretation and application of section 8 in light of the Act's overall purpose. Finally, the author explains the …

Judicial Control Over The Bar Versus Legislative Regulation Of Governmental Ethics: The Pennsylvania Approach And A Proposed Alternative, Stephen J. Shapiro

Duquesne Law Review

Pennsylvania courts, led by the Supreme Court of Pennsylvania, recently have declared two sections of the Pennsylvania Ethics Act unconstitutional as applied to judges and attorneys. Citing the exclusive power of the supreme court to regulate the practice of law in Pennsylvania, the courts have struck down the Act's postemployment restriction and financial disclosure requirement. The author critically examines the Pennsylvania decisions in this area and concludes that the courts' reasoning is contrary to settled principles of separation of powers. He suggests an alternative approach for determining the constitutionality of ethics legislation that regulates the conduct of the judiciary and …

Civil Rights Act Of 1964 - Title Vii - Sex Discrimination - Pregnancy - Defenses, Margaret L. Cohen

Duquesne Law Review

The United States Court of Appeals for the Ninth Circuit has held that an airline's employment policy mandating immediate unpaid maternity leave for all flight attendants upon discovery of pregnancy is sex discrimination but is justified by safety considerations.

Harriss v. Pan American World Airways, Inc., 649 F.2d 670 (9th Cir. 1980).

Dedication - Ronald R. Davenport - The Pursuit Of Excellence, Cornelius F. Murphy Jr.

Duquesne Law Review

No abstract provided.

The Younger Abstention Doctrine: Bleak Prospects For Federal Intervention In Pending State Proceedings, David C. Levenreich

Duquesne Law Review

The Younger abstention doctrine limits the ability of a federal court to enjoin a pending state proceeding. The author discusses the bases of the Younger and Pullman abstention doctrines, including the policy foundation of federalism. He examines the development of the Younger doctrine, analyzes its operation, and notes the restricted exceptions to it. He concludes that the availability of federal injunctive relief against pending state proceedings is severely limited, to the possible detriment of the vindication of federally extended rights.

Patents - Statutory Interpretation - Patentability Of Living Microorganisms, Ronald M. Benrey

Duquesne Law Review

The United States Supreme Court has held that a live, human-made, genetically engineered microorganism is patentable subject matter under 35 U.S.C. § 101.

Diamond v. Chakrabarty, 100 S. Ct. 2204 (1980).

Price Discrimination Laws: An Economic Perspective, Michael Blakeney

Duquesne Law Review

The often criticized price discrimination control laws are examined in this article. The author considers a number of economic analyses of price discrimination in its various forms. He compares the response of the Congress of the United States-the Robinson-Patman Act-with price discrimination control laws of other countries. He concludes the article with the presentation of an example that appears to have benefitted from the experience of many nations in their attempts to limit price discrimination.

The Fcc's New Equation For Radio Programming: Consumer Wants - Public Interest, Jerry V. Haines

Duquesne Law Review

The recent Federal Communications Commission deregulation of many aspects of radio station programming raises the recurrent issue of how intensively the FCC should regulate the programming of its broadcast licensees. The author summarizes the historical development of the Commission's programming authority, the factors which have encouraged the Commission to change its stance regarding informational programming, and the probability of impediments to the deregulation. The landmark Red Lion case is the most formidable legal barrier, he concludes, but there also are pragmatic, statutory, and philosophical considerations that should be examined.

A Trip Through The Looking Glass - Asserting The Right To Limit Liability In Admiralty, Alfred S. Pelaez

Duquesne Law Review

The ability of vessel owners defending certain admiralty actions to limit their liability is the concern of this article. The author discusses the statute, rule, and case precedents which allow this limitation; and analyzes the often confusing pattern of the application of liability limitation procedures. He concludes that the uncertainty involved in asserting the protection afforded vessel owners should be eliminated so that the limitation may be effectively used.

Constitutional Law - Eighth Amendment - Capital Punishment - State Death Penalty Statutes - Procedural Safeguards, Scott T. Redman

Duquesne Law Review

The Supreme Court of the United States has held that the Alabama death penalty statute which prohibited a jury instruction of lesser included offenses in a capital case is unconstitutional because it diminishes the reliability of the guilt determination process, leading to an arbitrary and irrational imposition of the death penalty.

Beck v. Alabama, 447 U.S. 625 (1980).

Rule Against Perpetuities - Equitable Modification - Private Testamentary Trust, David R. High

Duquesne Law Review

The Supreme Court of Appeals of West Virginia has adopted a doctrine of equitable modification, to be applied to a non-charitable devise or bequest which violates the Rule Against Perpetuities in order to revise the instrument in a fashion that effectuates a testator's general intent within the limitations established by the Rule.

Berry v. Union National Bank, 262 S.E.2d 766 (W. Va. 1980).

Recent Decision - Titles - Volume 19 (1980-1981)

Duquesne Law Review

No abstract provided.

Interest Analysis: The Quest For Perfection And The Frailties Of Man, David E. Seidelson

Duquesne Law Review

The scholars and courts who developed the methodologies of interest analysis for the resolution of choice-of-law problems have demonstrated a high level of responsibility in providing guidance to courts applying their theories. No one theory has proved suitable for all applications. The author argues that the search for a universally applicable formula is misguided, but that a penetrating factual analysis will more readily reveal the nature of the state interests at stake. He reflects primarily on the set of rules propounded by Professor Weintraub, but also discusses many of the alternative theories which have guided the development of the interest …

Title Page - Volume 19 (1980-1981)

Duquesne Law Review

No abstract provided.

Table Of Contents - Volume 19, Number 4, Summer 1981

Duquesne Law Review

No abstract provided.

The Tax Implications Of Corporate Insolvency Under The Bankruptcy Tax Act Of 1980, Douglas Robison

Duquesne Law Review

This issue's lead article is concerned with the provisions of the recent Bankruptcy Tax Act which affect insolvent corporate debtors. The author provides a detailed examination of how the Act interfaces with the Internal Revenue Code and discusses how the Code has been modified. He concludes that, although it is a product of compromise and thus may be faulted for some of its provisions, the Act should be welcomed by tax and bankruptcy practitioners.

Pennsylvania Antitrust Law: What Is The Commonwealth's Policy On Competition, Stephanie G. Spaulding

Duquesne Law Review

Because there is no state antitrust statute in Pennsylvania, it is difficult to ascertain the Commonwealth's policy on restrictive trade practices. The author of this comment looks first to Pennsylvania common law, then to selected Pennsylvania statutes, to determine if there is a clearly enunciated policy on competition. She concludes that Pennsylvania cases and legislation provide little help to the lawyer or business person seeking to determine what is encouraged and what is proscribed.

Constitutional Law - Fourth Amendment - Search And Seizure - Impeachment - Cross-Examination, Francis C. Rapp Jr.

Duquesne Law Review

The United States Supreme Court has held that a defendant witness may be impeached on cross-examination by evidence which is unlawfully obtained and not admissible in the Government's case in chief provided that the questions on cross-examination are reasonably related to matters covered on direct examination.

United States v. Havens, 446 U.S. 620 (1980).

The New Prometheus: Will Scientific Inquiry Be Bound By The Chains Of Government Regulation, David Favre, Matthew Mckinnon

Duquesne Law Review

This article deals with regulation of scientific inquiry and its susceptibility to constitutional protection from government impingement. The authors provide extensive definition and discussion of scientific inquiry and examine two broad bases upon which a constitutional right of scientific inquiry could rest: The first amendment and an as yet unenunciated fundamental right of scientific inquiry.

Constitutional Law - Mootness - Personal Stake - Class Actions, Thomas F. Smida

Duquesne Law Review

The United States Supreme Court has held that an action brought on behalf of a class may be appealed upon expiration of the named plaintiffs substantive claim even though the class certification has been denied.

United States Parole Commission v. Geraghty, 445 U.S. 388 (1980).

Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania voluntary deviate sexual intercourse statute is beyond the valid exercise of the state's police power and is violative of the equal protection clauses of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.

Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).

Constitutional Law - Fourteenth Amendment - Due Process Clause - Civil Rights - Section 1983 - Corporal Punishment, Richard A. Stevens

Duquesne Law Review

The United States Court of Appeals for the Fourth Circuit has held that a public school student severely injured by the use of disciplinary corporal punishment can press substantive due process claims under 42 U.S.C. § 1983 for deprivation of the fourteenth amendment right to bodily security.

Hall v. Tawney, 621 F.2d 607 (4th Cir. 1980).