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Full-Text Articles in Law
Title Page - Volume 35 (1996-1997)
Table Of Contents, Volume 35, Number 3, Spring 1997
Table Of Contents, Volume 35, Number 3, Spring 1997
Duquesne Law Review
No abstract provided.
Title Page - Volume 35 (1996-1997)
Table Of Contents, Volume 35, Number 2, Winter 1997
Table Of Contents, Volume 35, Number 2, Winter 1997
Duquesne Law Review
No abstract provided.
Pennsylvania's Workers' Compensation Law: An Examination Of Key Changes Made To Supersedeas Proceedings By Act 57 Of 1996, Heidi J. Debernardo
Pennsylvania's Workers' Compensation Law: An Examination Of Key Changes Made To Supersedeas Proceedings By Act 57 Of 1996, Heidi J. Debernardo
Duquesne Law Review
No abstract provided.
The Recreation Use Of Land And Water Act Lory V. City Of Philadelphia, Debra Wolf Goldstein
The Recreation Use Of Land And Water Act Lory V. City Of Philadelphia, Debra Wolf Goldstein
Duquesne Law Review
Commonwealth agencies and municipalities are now afforded blanket immunity from claims brought by people injured on government owned recreational lands under Lory v. City of Philadelphia. This recent Pennsylvania Supreme Court decision held that Pennsylvania's Recreation Use of Land and Water Act immunizes public agencies from negligence claims, while the Political Subdivision Tort Claims Act and Sovereign Immunity Act immunizes the agencies from claims of willful misconduct. An injured plaintiff, however, can still try to abrogate that immunity by arguing that the land where the injury occurred falls outside the definition of "land" in the Recreation Act.
Whether the …
Family Law - Noncustodial Post-Secondary Educational Support, David Gould
Family Law - Noncustodial Post-Secondary Educational Support, David Gould
Duquesne Law Review
The Pennsylvania Supreme Court held that a Pennsylvania statute allowing courts to order noncustodial parents to contribute to the post-secondary education of their children in the absence of an express agreement by the parents to contribute violated the Equal Protection Clause.
Curtis v. Kline, 666 A.2d 265 (Pa. 1995).
Commonwealth V. Matos: A Decision Without Direction, Michael A. Agresti
Commonwealth V. Matos: A Decision Without Direction, Michael A. Agresti
Duquesne Law Review
No abstract provided.
Constitutional Law - Eleventh Amendment - Sovereign Immunity - Federalism, Philip W. Berezniak
Constitutional Law - Eleventh Amendment - Sovereign Immunity - Federalism, Philip W. Berezniak
Duquesne Law Review
The United States Supreme Court held that congressional powers pursuant to Article I of the United States Constitution cannot be relied upon to evade constitutional limitations placed upon federal jurisdiction by the Eleventh Amendment as the Amendment restricts judicial power under Article III.
Seminole Tribe of Florida v. Florida, 116 S. Ct. 1114 (1996)
Post-Minority Educational Support Statutes: Promoting Equal Educational Opportunity By Creating And Equal Protection Problem, Maureen A. Shannon
Post-Minority Educational Support Statutes: Promoting Equal Educational Opportunity By Creating And Equal Protection Problem, Maureen A. Shannon
Duquesne Law Review
No abstract provided.
Constitutional Law - Fourteenth Amendment - Procedural Due Process - Fifth Amendment - Just Compensation, Steven M. Regan
Constitutional Law - Fourteenth Amendment - Procedural Due Process - Fifth Amendment - Just Compensation, Steven M. Regan
Duquesne Law Review
The United States Supreme Court held that Procedural Due Process does not entitle an owner of property forfeited under a state nuisance abatement statute to a defense that the property was used for an illegal purpose without the property owner's knowledge or consent, and also held that a state is not required to pay just compensation to an innocent co-owner of property for his or her interest in property seized pursuant to a constitutionally sound abatement scheme.
Bennis v. Michigan, 116 S. Ct. 994 (1996).
Defining The Role Of The Jury In Patent Litigation: The Court Takes Inventory, Deborah M. Altman
Defining The Role Of The Jury In Patent Litigation: The Court Takes Inventory, Deborah M. Altman
Duquesne Law Review
No abstract provided.
Surrogate Health Care Decision Making: The Pennsylvania Supreme Court Recognizes The Right Of An Individual In A Permanent Vegetative State To Refuse Life-Sustaining Measures Through A Surrogate Decision Maker, Christine H. Nooning
Duquesne Law Review
No abstract provided.
Recent Developments In Pennsylvania Law
Summary Judgment In Pennsylvania: Time For Another Look At Credibility Issues, J. Palmer Lockard
Summary Judgment In Pennsylvania: Time For Another Look At Credibility Issues, J. Palmer Lockard
Duquesne Law Review
No abstract provided.
Constitutional Law - Article I, Section 9 - Privilege Against Self-Incrimination - Right To Refuse A Field Sobriety Test, Sean M. Girdwood
Constitutional Law - Article I, Section 9 - Privilege Against Self-Incrimination - Right To Refuse A Field Sobriety Test, Sean M. Girdwood
Duquesne Law Review
The Pennsylvania Supreme Court held that the privilege against self-incrimination grounded in Article I, Section 9 of the Pennsylvania Constitution does not encompass a right to refuse a field sobriety test.
Commonwealth v. Hayes, 674 A.2d 677 (Pa. 1996)
Evidence - The Pennsylvania Rape Shield Law - Admissibility Of Evidence Concerning Sexual Conduct Offered For Purposes Of Impeachment, Brian J. Golias
Evidence - The Pennsylvania Rape Shield Law - Admissibility Of Evidence Concerning Sexual Conduct Offered For Purposes Of Impeachment, Brian J. Golias
Duquesne Law Review
The Pennsylvania Supreme Court held that state courts may order a school district and teachers' association to participate in court-monitored negotiations when the courts grant the Secretary of Education an injunction ending a teachers' strike.
Carroll v. Ringgold Educ. Ass'n, 680 A.2d 1137 (Pa. 1996).
Education Law - Act 88 - Public Employe [Sic] Relations Act - Teachers' Strikes - Courts Of Equity - Mandatory Negotiations, Scott E. Mooney
Education Law - Act 88 - Public Employe [Sic] Relations Act - Teachers' Strikes - Courts Of Equity - Mandatory Negotiations, Scott E. Mooney
Duquesne Law Review
The Pennsylvania Supreme Court held that state courts may order a school district and teachers' association to participate in court-monitored negotiations when the courts grant the Secretary of Education an injunction ending a teachers' strike.
Carroll v. Ringgold Educ. Ass'n, 680 A.2d 1137 (Pa. 1996).
Constitutional Law - Substantive Due Process - Right To Refuse Medical Treatment, Michael P. Bodosky
Constitutional Law - Substantive Due Process - Right To Refuse Medical Treatment, Michael P. Bodosky
Duquesne Law Review
The Pennsylvania Supreme Court held that a surrogate decision maker may exercise the right of an adult patient in a persistent vegetative state to withdraw life-sustaining medical treatment via substituted judgment.
In Re Fiori, 673 A.2d 905 (Pa. 1996)
Subject Matter Index To Volume 35 (1996-1997)
Subject Matter Index To Volume 35 (1996-1997)
Duquesne Law Review
No abstract provided.
Articles - Titles - Volume 35 (1996-1997)
Constitutional Law - First Amendment - Freedom Of Speech - Prior Restraint, Michael L. Utz
Constitutional Law - First Amendment - Freedom Of Speech - Prior Restraint, Michael L. Utz
Duquesne Law Review
The Supreme Court of the United States held that an injunction providing for a "fixed buffer zone" around an abortion clinic and a cease and desist provision are valid, however, a "floating buffer zone" surrounding clinic patients violates the protesters' First Amendment right of free speech.
Schenck v. Pro-Choice Network of Western New York, 117 S. Ct 855 (1997).
The Emerging Article 2: The Latest Iteration, John E. Murray Jr.
The Emerging Article 2: The Latest Iteration, John E. Murray Jr.
Duquesne Law Review
No abstract provided.
Table Of Contents, Volume 35, Number 4, Summer 1997
Table Of Contents, Volume 35, Number 4, Summer 1997
Duquesne Law Review
No abstract provided.
A Visit To Cyberspace Mall: Who Owns A Web Site Address?, Julie W. Meder
A Visit To Cyberspace Mall: Who Owns A Web Site Address?, Julie W. Meder
Duquesne Law Review
The location of a business or other entity on the Internet (its cyberspace address) is identified by its domain name. Many businesses seek to use readily recognizable names as domain names so that potential visitors can quickly locate their web sites. Because a single domain name can identify only one web site, trademark owners and web site owners have clashed over who owns the rights to a particular domain name. The status of these clashes as of January 1997 and possible solutions to the problem considered by that date are reviewed.
Convenience Vs. Confidentiality: An Evaluation Of The Effects Of Computer Technology On The Attorney-Client Privilege, William L. Stephens Jr.
Convenience Vs. Confidentiality: An Evaluation Of The Effects Of Computer Technology On The Attorney-Client Privilege, William L. Stephens Jr.
Duquesne Law Review
No abstract provided.
Title Page - Volume 35 (1996-1997)
The Error Of Eckles: Why Seniority Rights Present An Undue Hardship For Employees With Disabilities, John W. Boyle
The Error Of Eckles: Why Seniority Rights Present An Undue Hardship For Employees With Disabilities, John W. Boyle
Duquesne Law Review
No abstract provided.
Sovereign Immunity - Government Contractor Defense - Implied Warranty Of Specifications - Implied Contractual Indemnification, Leslie A. Sherman
Sovereign Immunity - Government Contractor Defense - Implied Warranty Of Specifications - Implied Contractual Indemnification, Leslie A. Sherman
Duquesne Law Review
The United States Supreme Court held that the federal government cannot be liable in contract for breach of implied-in-law warranties by government contractors who incur expenses in defending third party tort claims arising from the contractors' compulsory production of war materials in accordance with government-furnished specifications.
Hercules, Inc. v. United States, 116 S. Ct. 981 (1996).
Constitutional Law - Criminal Procedure - Equal Protection - Prosecutorial Discretion - Selective Prosecution, Zoran Stojanovic
Constitutional Law - Criminal Procedure - Equal Protection - Prosecutorial Discretion - Selective Prosecution, Zoran Stojanovic
Duquesne Law Review
The United States Supreme Court held that evidence tending to show different treatment of similarly situated individuals is required to obtain discovery in support of a selective prosecution claim.
United States v. Armstrong, 116 S. Ct. 1480 (1996).