Law Commons^™

The Fraud On The Market Theory: The Debate Rages On, Martin J. Stanek

Duquesne Law Review

No abstract provided.

The Scheduling Of Judicial Elections In Odd-Numbered Years: Has Sprague Resolved The Issue?, Christine M. Dolfi

Duquesne Law Review

No abstract provided.

Constitutional Law - Code Of Judicial Conduct - Removal From Judicial Office, Barbara Moyer

Duquesne Law Review

The Pennsylvania Supreme Court has held that judicial resignation does not foreclose the supreme court from rendering a decision which forever bars a judge found guilty of judicial misconduct from holding judicial office in the future.

In the Matter of Glancey, 542 A.2d 1350 (1988).

Pleading The Defense Of Local Agency Immunity In Pennsylvania: The Requirements Of Rule 1030 New Matter And The Preliminary Objection, Dale Forsythe

Duquesne Law Review

Since the enactment of the Pennsylvania Political Subdivision Tort Claims Act, 42 Pa. Cons. Stat. Ann. § 8541 et seq (Purdon 1981), a great deal of debate has arisen as to whether the defense of local agency immunity in Pennsylvania can be asserted as a preliminary objection pursuant to Pennsylvania Rule of Civil Procedure 1017(b), or whether it must be pleaded solely as an affirmative defense as suggested by Pennsylvania Rule of Civil Procedure 1030. The said debate has been fueled by the various decisions by the state appellate courts, which appear to be blatantly at odds with each other …

The Move Toward A Negligence Standard In Strict Products Liability Failure To Warn Cases, Patricia Kurp Masten

Duquesne Law Review

No abstract provided.

Antenuptial Agreements In Pennsylvania: A Drafter's Nightmare?, Marc L. Sternberger

Duquesne Law Review

No abstract provided.

Assignments - Attorney And Client, Robert P. Boyer

Duquesne Law Review

The Pennsylvania Supreme Court has held that a claim for damages resulting from legal malpractice is assignable and the attorney-client relationship may no longer be used to protect an attorney from the consequences of legal malpractice.

Hedlund Manufacturing Company, Inc. v. Weiser, Stapler & Spiyak, 517 Pa. 522, 539 A.2d 357 (1988).

Errata - Volume 28, Number 1, Fall 1989

Duquesne Law Review

No abstract provided.

The Ramshackle Edifice: Limitations Periods For Private Actions Under Rule 10b-5, Allison Dabbs Garrett

Duquesne Law Review

Despite the forty-year history of applying state fraud or Blue Sky limitation periods to the implied private right of action under Rule 10b-5, this area of the law is in a state of upheaval. In 1987, the Third Circuit Court of Appeals held that, based upon recent Supreme Court cases, a limitation period should be drawn from the federal securities laws. The Third Circuit applied a limitation period that provides that certain express causes of action must be brought within one year of the date of discovery, but in no event more than three years after the date of the …

Policy Facts And Incidents Of Ownership Under Estate Tax Section 2042(2): The Legacy Of Rhode Island Hospital Trust, Richard L. Haight

Duquesne Law Review

This article focuses on Internal Revenue Code Section 2042(2), an Estate Tax provision which includes life insurance proceeds in the gross estate of an individual who dies possessing an "incident of ownership" in the policy. In the often cited United States v. Rhode Island Hospital Trust Company, 355 F.2d 7 (1st Cir. 1966), the Court of Appeals emphasized the pre-eminent role of "policy facts" (the terms of the contract of life insurance) in the determination of whether a decedent holds such an incident. There has been some confusion in the subsequent cases as to the degree to which it …

Search And Seizure - What Constitutes Seizure, Robert J. Hannen

Duquesne Law Review

The conduct of police officers in accelerating a marked patrol car to catch up with a pedestrian and driving alongside the running pedestrian is not sufficient to constitute a seizure within the meaning of the Federal Constitution's Fourth Amendment.

Michigan v. Chesternut, 486 U.S. ___ , 108 S.Ct. 1975, (1988).

Title Page - Volume 27 (1988-1989)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 27, Number 2, Winter 1989

Duquesne Law Review

No abstract provided.

Ignorance Of The Law Is No Excuse Except For Tax Crimes, Mark D. Yochum

Duquesne Law Review

That ignorance of the law is no excuse is a maxim that most school children can recite. Wide awareness of the maxim (without a lawyer's comprehension of its subtleties) encourages citizens to make an effort to know laws which might regulate their conduct. Perversely, the crimes of the Internal Revenue Code permit ignorance of their strictures as a defense. If voluntary compliance is the taxation system's goal, the ultimate sanctions should be structured to promote investigation of the law and reliance on competent advisors.

Media Malpractice: The Legal Risks Of Voluntary Social Responsibility In Mass Communication, Robert E. Dreschel

Duquesne Law Review

Critics of social responsibility theory have worried that in the process of establishing voluntary standards for responsible behavior, mass communicators may provide a convenient yardstick against which to define and measure legal claims of "media malpractice." Examination of legal actions against mass communicators suggests that social responsibility does carry legal risks. Although courts have been relatively unsympathetic to efforts to establish new legal duties, professional standards have become highly relevant to determination of media negligence.

Federal Preemption: Car-Makers' Cushion Against Air Bag Claims?, Rudy Fabian

Duquesne Law Review

No abstract provided.

Pennsylvania Standard For Involuntary Civil Commitment Of The Mentally Ill: A Clear And Present Danger?, Susan Paczak

Duquesne Law Review

No abstract provided.

Tenth Amendment - Intergovernmental Tax Immunity - Federal Taxation Of State And Municipal Bond Interest, Michael J. Sluss

Duquesne Law Review

The United States Supreme Court has held that the federal government may tax the interest from state and municipal bonds.

South Carolina v. Baker, 108 S. Ct. 1355 (1988).

Property Law - Zoning Ordinance - Nonconforming Use, Michele Smith

Duquesne Law Review

The Pennsylvania Supreme Court has held that a landfill operator's increase in its daily volume of intake was a valid nonconforming use for which no zoning variance was necessary.

Township of Chartiers v. William H. Martin, Inc., ___ Pa. 542 A.2d 985 (1988).

Criminal Law - Double Jeopardy Clause - Successive Prosecutions - Lesser Included Offense, Carol Starr

Duquesne Law Review

The Pennsylvania Supreme Court has held that the double jeopardy protections of Rule 1120(d) of the Pennsylvania Rules of Criminal Procedure applied only to successive prosecutions and could not be invoked to bar a retrial following a mistrial precipitated by a hung jury.

Commonwealth v. McCane, 517 Pa. 489, 539 A.2d 340 (1988).

Title Page - Volume 27 (1988-1989)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 27, Number 3, Spring 1989

Duquesne Law Review

No abstract provided.

The Clash Of Outrage And The First Amendment: The Protection Of Non-Mainstream Opinion, Lawrence A. Epter

Duquesne Law Review

The Clash of Outrage and the First Amendment: The Protection of Non- Mainstream Opinion explores the conflict between the first amendment protection afforded outrageous opinion and the potentially tortious results certain to frequently flow from such. The Article traces the origins and applications of a constitutional principle which the author has dubbed the "opinion doctrine" from its early use in defamation cases to the landmark 1988 Supreme Court decision of Falwell v. Flynt, emphasizing the doctrine's impact on adjudication of that particular case. Additionally, the analytical framework derived from the major cases in this area is used to hypothesize …

The Immunity Of Local Governments Under Subchapter C: A Roadmap To An Understanding, Michael P. Lehutsky

Duquesne Law Review

No abstract provided.

The "Rights" And "Wrongs" Of Wrongful Birth And Wrongful Life: A Jurisprudential Analysis Of Birth Related Torts, James Bopp Jr., Barry A. Bostrom, Donald A. Mckinney

Duquesne Law Review

The advent and increasing sophistication of medical technology, which allows the detection of birth defects in utero, has resulted in recognition of two tort claims unknown at common law: wrongful birth and wrongful life. There is an emerging trend in state legislatures and courts toward rejection of wrongful birth and wrongful life causes of action. This article provides a critical analysis of the legal, medical and ethical issues raised by wrongful birth/life causes of action. The authors utilize Hohfeldian analysis to determine the exact nature of the legal rights essential to a wrongful birth/life cause of action. The authors …

Shifting Burdens Of Proof Under Disparate Impact Analysis: Conflict And Problems Of Characterization, Samuel R. Zuck

Duquesne Law Review

No abstract provided.

Enjoining A Teachers' Strike: The Difficulties In Defining The Clear And Present Danger Standard, David T. Fisfis

Duquesne Law Review

No abstract provided.

Play It Again Samantha? Another Argument For U.S. Adherence To Article 6bis Of The Berne Convention, Brian E. Koeberle

Duquesne Law Review

No abstract provided.

The Effect Of Available Trust Resources On A Beneficiary's Eligibility For Governmental Assistance: Recent Developments In Pennsylvania, Anthony M. Tedesco

Duquesne Law Review

No abstract provided.

Title Page - Volume 27 (1988-1989)

Duquesne Law Review

No abstract provided.