Law Commons^™

Title Page - Volume 13 (1974-1975)

Duquesne Law Review

No abstract provided.

Accelerated Rehabilitative Disposition: The Newest Facet Of The Criminal Justice System (The Allegheny County Program), John G. Alford

Duquesne Law Review

No abstract provided.

Collective Bargaining In Perspective, Bernard Kleiman

Duquesne Law Review

No abstract provided.

Commercial Impracticability - An Overview, Robert Sommer

Duquesne Law Review

No abstract provided.

The Antitrust Exemption For Labor - Magna Carta Or Carte Blanche?, Allen G. Siegel, Walter B. Connolly Jr., Richard K. Walker

Duquesne Law Review

No abstract provided.

The Pennsylvania Public Trust Doctrine: Its Use As A Restraint On Government, Richard C. Lane

Duquesne Law Review

No abstract provided.

Constitutional Law - Abortion - Father's Rights, Judith Haskell Zernich

Duquesne Law Review

The Supreme Court of Massachusetts has denied injunctive and declaratory relief to a father seeking to restrain the mother of his child from procuring an abortion.

Doe v. Doe, 314 N.E.2d 128 (Mass. 1974).

Commonwealth V. Richman: A State's Extension Of Procedural Rights Beyond Supreme Court Requirements [Note], Andrew M. Roman

Duquesne Law Review

No abstract provided.

Constitutional Law - First Amendment - Free Exercise Clause - Establishment Clause - Schools And School Districts, John C. Bates

Duquesne Law Review

The Supreme Court of Pennsylvania has held that inclusion of an invocation and benediction at a public high school commencement, at which attendance was voluntary, violated neither the free exercise clause nor the establishment clause of the first amendment of the United States Constitution nor that section of the Pennsylvania Constitution governing free exercise and establishment of religion.

Wiest v. Mt. Lebanon School District, 457 Pa. 166, 320 A.2d 362, cert. denied, 419 U.S. 967 (1974).

Constitutional Law - Eighth Amendment - Aversion Therapy As Cruel And Unusual Punishment, Louise Porac

Duquesne Law Review

The Court of Appeals for the Eighth Circuit has held that injection of the drug apomorphine as an agent of aversion therapy constitutes cruel and unusual punishment violative of the eighth amendment when administered to nonconsenting inmates of the Iowa Security Medical Facility.

Knecht v. Gillman, 488 F.2d 1136 (8th Cir. 1973).

Title Page - Volume 13 (1974-1975)

Duquesne Law Review

No abstract provided.

Statutory Interpretation - "Plain-Meaning Rule" - Equal Pay Law, Richard Hall Potter

Duquesne Law Review

The Pennsylvania Superior Court has held that an employer is entitled, in order to comply with the Equal Pay Law as it read prior to 1968, to lower the wage rates of male employees to a point equal to those of female employees against whom it has discriminated. Although subsequent statutory amendments have rendered the case moot substantively, the court's reliance upon the "plainmeaning" rule of statutory construction remains significant.

Daugherty v. Continental Can Co., 226 Pa. Super. 342, 313 A.2d 276 (1973).

Constitutional Law - Criminal Law - Criminal Procedure - Evidence - Right Of Confrontation - Cross Examination, Frank A. Fisher Jr.

Duquesne Law Review

The Supreme Court of the United States has held that the right of confrontation is denied when a juvenile cannot be cross-examined concerning his probationary status by a defendant charged with the same type of offense.

Davis v. Alaska, 415 U.S. 308 (1974).

The Decision-Making Process In Pyschosurgery, O. J. Andy

Duquesne Law Review

No abstract provided.

Book Reviews, David W. Craig, James T. Carney, John M. Duff Jr.

Duquesne Law Review

PUBLIC PLANNING AND CONTROL OF URBAN AND LAND DEVELOPMENT. CASES AND MATERIALS. By Donald G. Hagman. St. Paul: West Publishing Co., 1973. Pp. 1208. $18.50.

UNION POWER AND THE PUBLIC INTEREST. By Dr. Emerson P. Schmidt. Los Angeles: Nash Publishing, 1973. Pp. 204. $10.00.

THE BENCHWARMERS: THE PRIVATE WORLD OF THE POWERFUL FEDERAL JUDGES. By Joseph C. Goulden. New York: Weybright and Talley, 1974. Pp. 375. $12.50.

Psychosurgery For Political Purposes, Peter R. Breggin

Duquesne Law Review

No abstract provided.

The Kaimowitz Case: A Short Term Legal Restraint Contrary To The Long Term Public Good, Yale David Koskoff

Duquesne Law Review

No abstract provided.

Ethical Considerations In Human Experimentation, Charles E. Curran

Duquesne Law Review

No abstract provided.

Look What They've Done To My Brain Ma!: Ethical Issues In Brain And Behavior Control, Kenneth Vaux

Duquesne Law Review

No abstract provided.

Rulemaking Or Adjudication In Administrative Policy Formation: Rock Versus Hard Place? [Note], M. Beth Troiano

Duquesne Law Review

No abstract provided.

The Right Of People (Misfits) To Refuse (Avoid) Treatment (Control) In Medical Facilities (Closed Institutions), Gabe Kaimowitz

Duquesne Law Review

No abstract provided.

Experimentation On Minors: Whatever Happened To Prince V. Massachusetts?, Annina M. Mitchell

Duquesne Law Review

No abstract provided.

Therapeutic Justifications For Intervention Into Mentation And Behavior, Michael H. Shapiro

Duquesne Law Review

No abstract provided.

Book Reviews, Errol S. Miller, Edward L. Graf

Duquesne Law Review

LEGAL RIGHTS OF THE MENTALLY HANDICAPPED. Edited by Bruce J. Ennis and Paul R. Friedman, with assistance by Bonnie Gitlin. New York: Practising Law Institute-Mental Health Law Project, 1973. Pp. 1533 in three volumes. $20.00.

THE LAW OF ADVERTISING. By George Eric Rosden and Peter Eric Rosden. New York: Matthew Bender & Co., 1974. Loose Leaf, in two volumes. $100.00.

Criminal Law - Appellate Review - Basic And Fundamental Error, Margaret K. Krasik

Duquesne Law Review

The Supreme Court of Pennsylvania has held that allegations of basic and fundamental error will no longer enable appellants in criminal cases to seek reversal for alleged errors not properly raised in the trial court.

Commonwealth v. Clair, 326 A.2d 272 (Pa. 1974).

Constitutional Law - Fifth Amendment - Coerced Confession - State Action - Substantial Economic Loss, Janet L. Zoltanski

Duquesne Law Review

The Second Circuit Court of Appeals has held that the loss of a driver's assistant job held over two days is not a "substantial economic loss" and will not render a confession elicited by a private employer at the threat of discharge and at the request of police involuntary and inadmissable.

United States ex rel. Sanney v. Montanye, 500 F.2d 411 (2d Cir.), cert. denied, Sanney v. Smith, 419 U.S. 1027 (1974).

Constitutional Law - Freedom Of Speech - Public Forum - Captive Audience - Transit Advertising On Municipally Owned Transit System, Susan J. Webb

Duquesne Law Review

The United States Supreme Court has held that a municipality does not violate a candidate's right of free speech and equal protection under the first and fourteenth amendments to the United States Constitution when it sells space on its transit vehicles for commercial and service advertisements but refuses to accept political advertising of a candidate for public office.

Lehman v. City of Shaker Heights, 418 U.S. 298 (1974).

Parent And Child - Custody Of Child - Voluntary Relinquishment - Placement Agreements, David S. Bunnel

Duquesne Law Review

The Supreme Court of Pennsylvania has held that child placement agreements voluntarily executed by parents and the county child welfare agency which condition the child's return on the agency's approval are authorized by state statutes and the regulations of the Department of Public Welfare and do not violate the due process clause of the fourteenth amendment to the United States Constitution.

Lee v. Child Care Service Delaware County Institution District, 337 A.2d 586 (Pa. 1975).

Constitutional Law - Fourteenth Amendment - Due Process - School Suspensions, Michael J. Lydon

Duquesne Law Review

The Supreme Court of the United States has held that a public school student threatened with suspension of ten days or less is, absent danger or emergency, entitled to prior notification and a rudimentary hearing.

Goss v. Lopez, 419 U.S. 565 (1975).

Elimination Of "Unreasonably Dangerous" From § 402a - The Price Of Consumer Safety?, Judith Haskell Zernich

Duquesne Law Review

No abstract provided.