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Articles 1 - 30 of 84
Full-Text Articles in Law
Con Law Limit Is Eroding, Bruce Ledewitz
Con Law Limit Is Eroding, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Economic Review Is Up To The States, Bruce Ledewitz
Economic Review Is Up To The States, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Confession Law Isn't Necessary, Bruce Ledewitz
Confession Law Isn't Necessary, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Dubious Extension Of Punitive Damage Recovery In Pennsylvania Products Liability Law, Jeffrey, G. Brooks
The Dubious Extension Of Punitive Damage Recovery In Pennsylvania Products Liability Law, Jeffrey, G. Brooks
Duquesne Law Review
The appropriateness of the recovery of punitive damages in products liability litigation has increasingly been called into question as being ineffective in accomplishing the intended purpose of this form of recovery, as well as being fundamentally unfair to defendants and innocent third parties. The author discusses the criticisms of punitive damage recovery in this context and the unintended consequences of its application. The author examines methods employed in other jurisdictions to safeguard against untoward punitive damage recovery and explains how these methods may be employed in Pennsylvania with only slight revision of existing procedures.
Retroactivity Of Constitutional Decisions - Criminal Procedure, Theresa Carpinello Homady
Retroactivity Of Constitutional Decisions - Criminal Procedure, Theresa Carpinello Homady
Duquesne Law Review
The United States Supreme Court has held that retroactive effect will not be given to a constitutional decision where the newly established doctrine was neither judicially foreshadowed nor enhances the accuracy of criminal trials.
Solem v. Stumes, 104 S. Ct. 1338 (1984).
Table Of Contents, Volume 24, Number 2, Winter 1985
Table Of Contents, Volume 24, Number 2, Winter 1985
Duquesne Law Review
No abstract provided.
Title Page - Volume 24 (1985-1986)
The Changing Perception Of The Hospital: A Prescription For Survival, John Horty
The Changing Perception Of The Hospital: A Prescription For Survival, John Horty
Duquesne Law Review
The modern hospital has grown from a simple setting for the practice of medicine to a large, complex corporate entity. In the author's view, the hospital is no longer just a "place" where doctors ply their trade, but rather, is more correctly perceived as a "thing," with an institutional dynamic of its own. After reviewing a number of legal developments during the past several decades that have contributed to this metamorphosis, the writer concludes by warning that failure on the part of hospital boards, management and medical staffs to fully appreciate and effectively respond to the implications of this change …
Barriers To Hospital Diversification: The Regulatory Environment, Reed Hamilton
Barriers To Hospital Diversification: The Regulatory Environment, Reed Hamilton
Duquesne Law Review
In 1983, the nature of health care delivery in this country was fundamentally altered with the enactment of the Medicare Prospective Payment System (PPS). This revolutionary change in reimbursement policy has altered the entire system of financial incentives through which hospitals have provided services to Medicare recipients. In order to effectively respond to PPS, hospitals have been forced to diversify their product lines and to develop new relationships with physicians. Often, however, as the author points out, these countermeasures have been frustrated by the formidable barriers of the Certificate of Need program and the Medicare and Medicaid fraud and abuse …
The Legal Aspects Of Health Care Joint Ventures, Daniel T. Roble, John H. Mason
The Legal Aspects Of Health Care Joint Ventures, Daniel T. Roble, John H. Mason
Duquesne Law Review
Increasingly, health care providers have entered into joint ventures in an attempt to maximize revenues and effectively respond to the cost containment incentives established under the Medicare and Medicaid programs. This article describes the various organizational formats that have been adopted by health care joint ventures, and explores the legal issues created by federal and state regulation of this area.
Hospitals And The Disruptive Health Care Practitioner - Is The Inability To Work With Others Enough To Warrant Exclusion?, Eric W. Springer, Henry M. Casale
Hospitals And The Disruptive Health Care Practitioner - Is The Inability To Work With Others Enough To Warrant Exclusion?, Eric W. Springer, Henry M. Casale
Duquesne Law Review
The disruptive physician is, by definition, contentious, threatening, insulting and frequently litigious. Nonetheless, he or she may also be a clinically competent medical practitioner. In an earlier time, hospitals accepted or at least tolerated such disruptive behavior for a variety of reasons. Today, accepting or tolerating such behavior is increasingly difficult in view of the continuing expansion of the hospital's corporate liability to answer for nearly all activity occurring within its walls. This article outlines the types of disruptive physician behavior that courts have found to provide a reasonable basis for responsive institutional action. In this regard, the authors stress …
Federal Tax Law Of Hospitals: Basic Principles And Current Developments, The, Bruce R. Hopkins, Edward Jay Beckwith
Federal Tax Law Of Hospitals: Basic Principles And Current Developments, The, Bruce R. Hopkins, Edward Jay Beckwith
Duquesne Law Review
Federal tax laws with respect to nonprofit organizations are evolving rapidly, indeed daily, and no set of institutions are being more dramatically affected by this ongoing surge of developing law than the nation's hospitals and other health care organizations. This article provides a summary of the general tax law framework as it relates to tax-exempt health care entities. Following that analysis, the authors provide an issue-by-issue explanation of the current developments in this field of tax law. The tax issues discussed in both the general summary and the current developments portions of the article include those involving application of unrelated …
Hospitals Caught In The Antitrust Net: An Overview, John J. Miles, Mary Susan Philp
Hospitals Caught In The Antitrust Net: An Overview, John J. Miles, Mary Susan Philp
Duquesne Law Review
Over the past eight to ten years, many activities of hospitals have been subjected to increased scrutiny under the antitrust laws. The new competitive environment in which hospitals find themselves, as well as changing antitrust legal principles, suggest that this greater scrutiny will even increase in the future. A hospital's administration and its legal counsel, therefore, must be able to recognize and analyze activities engaged in by hospitals that can raise serious antitrust concerns. This article briefly addresses the developments that have led to greater antitrust litigation involving hospitals. It then identifies several activities by hospitals that can prove troublesome. …
The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz
The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz
Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Constitutional Law - First Amendment - Right Of Access To Civil Trials, Dan M. Brookhart
Constitutional Law - First Amendment - Right Of Access To Civil Trials, Dan M. Brookhart
Duquesne Law Review
The Court of Appeals for the Third Circuit has held that the press and public alike possess a common law and first amendment right of access to civil proceedings, which can only be limited when an important countervailing interest is demonstrated.
Publicker Industries, Inc., v. Cohen, 733 F.2d 1059 (3d Cir. 1984).
Constitutional Law - Fourteenth Amendment - Motor Vehicle Code - Void-For-Vagueness Doctrine - Strict Liability Crimes, John J. Winter
Constitutional Law - Fourteenth Amendment - Motor Vehicle Code - Void-For-Vagueness Doctrine - Strict Liability Crimes, John J. Winter
Duquesne Law Review
The Pennsylvania Supreme Court has held that, in imposing criminal liability for driving with a blood alcohol level of 0.10 percent or greater, the legislature did not exceed the latitude afforded the Commonwealth under its police powers, nor did the statute in question violate any principles of due process.
Commonwealth v. Mikulan, ___ Pa. ___ , 470 A.2d 1339 (1983).
The Demise Of The Doctrine Of Basic And Fundamental Error In Pennsylvania And The New Role Role Of Strict Issue Preservation, Dale K. Forsythe
The Demise Of The Doctrine Of Basic And Fundamental Error In Pennsylvania And The New Role Role Of Strict Issue Preservation, Dale K. Forsythe
Duquesne Law Review
The doctrine of basic and fundamental error, as applied by Pennsylvania courts, had long been an exception to the general rule that only properly preserved issues could be entertained on appeal. The Pennsylvania Supreme Court in its 1974 Dilliplaine decision fully and finally abrogated this doctrine. In the years following Dilliplaine, the Pennsylvania courts have not only followed the rule of strict issue preservation announced in the latter case, but have made the preservation requirements even more stringent. The author first explores the nature of the doctrine of basic and fundamental error as it existed prior to 1974, focusing …
Internal Revenue Code - Statutory Interpretation - Tax Exempt Status, Jonathan Kaplan
Internal Revenue Code - Statutory Interpretation - Tax Exempt Status, Jonathan Kaplan
Duquesne Law Review
The United States Supreme Court has held that private schools which practice racial discrimination are not charitable organizations within the meaning of the Internal Revenue Code and thus do not qualify for tax exempt status under section 501(c)(3).
Bob Jones University v. United States, 103 S. Ct. 2017 (1983).
Constitutional Law - Criminal Law - Fifth Amendment - Compulsory Self-Incrimination - Custodial Interrogation, Louis E. Wagner Jr.
Constitutional Law - Criminal Law - Fifth Amendment - Compulsory Self-Incrimination - Custodial Interrogation, Louis E. Wagner Jr.
Duquesne Law Review
Creating a specific exception to its 1966 decision in Miranda v. Arizona, the United States Supreme Court has held that there is no constitutional bar to admitting into evidence a custodial suspect's statements and the evidence subsequently discovered, where the exigencies of the situation demonstrate that the police officer's failure to recite the Miranda warnings, prior to questioning the suspect, is reasonably prompted by a concern for public safety.
New York v. Quarles, 104 S. Ct. 2626 (1984).
Prepayment Of Intangible Drilling Costs: Before And After The Deficit Reduction Act, Hilary G. Lynch
Prepayment Of Intangible Drilling Costs: Before And After The Deficit Reduction Act, Hilary G. Lynch
Duquesne Law Review
No abstract provided.
Survival Remedies For Deaths On The High Seas, Edward J. Balzarini Jr.
Survival Remedies For Deaths On The High Seas, Edward J. Balzarini Jr.
Duquesne Law Review
The Death on the High Seas Act (DOHSA) provides a federal cause of action for deaths resulting from "wrongful act, neglect, or default" which occurs beyond three nautical miles from the shore of any state, territory or dependency of the United States. The measure of damages in an action brought under the Act is defined as the amount of the pecuniary loss sustained by the beneficiaries; the Supreme Court, construing the Act, has held that non-pecuniary remedies, such as compensation for loss of society, cannot be recovered in a DOHSA action. The issue remains, however, as to whether a DOHSA …
Table Of Cases - Volume 23, 1984-1985
Book Review, Philip Blosser
Book Review, Philip Blosser
Duquesne Law Review
LAW AND REVOLUTION: THE FORMATION OF THE WESTERN LEGAL TRADITION. By Harold J. Berman. Cambridge, Massachusetts and London, England: Harvard University Press, 1983. 657 pages.
The Jurisdictional Reach Of A Federal Court Hearing A Federal Cause Of Action: A Path Through The Maze, David E. Seidelson
The Jurisdictional Reach Of A Federal Court Hearing A Federal Cause Of Action: A Path Through The Maze, David E. Seidelson
Duquesne Law Review
The ability of a federal court hearing a federal cause of action to assert jurisdiction over a nonresident defendant is well established. To what extent it may do so, however, is far from clear. The author attempts to clarify the parameters of such jurisdiction in light of recent congressional amendments to the Federal Rules of Civil Procedure, and the recently enacted Federal Courts Improvement Act. In concluding, the author makes specific findings concerning the scope of this jurisdictional reach, the parameters of which may be discerned as possessing a logical symmetry.
Interest-Free Loans, Marvin S. Lieber
Introduction - Tax Developments, John W. Lyttle Jr.
Introduction - Tax Developments, John W. Lyttle Jr.
Duquesne Law Review
No abstract provided.
Subject Matter Index To Volume Xxiii, 1984-1985
Subject Matter Index To Volume Xxiii, 1984-1985
Duquesne Law Review
No abstract provided.