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Title Page - Volume 36 (1997-1998)

Duquesne Law Review

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Table Of Contents, Volume 36, Number 3, Spring 1998

Duquesne Law Review

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Dialing "M" For Murder: Analyzing The Admissibility Of The Telephone Dying Declaration, Sherri K. Adelkoff

Duquesne Law Review

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Traps For The Unwary: Why Counsel Should Think Twice Before Joining Additional Parties In Civil Litigation, John D. Goetz, Jennifer Brinkman Flannery

Duquesne Law Review

One of the first important strategy decisions that defense counsel across the Commonwealth often face at the outset of a civil case is whether to join a third party as an additional defendant. Many counsel make the decision quickly, with only minimal information, in an attempt to shift to the joined party all of the liability for the plaintiffs claim. Because of the Pennsylvania courts' interpretation of the joinder rules, however, a defendant's decision to join a third party, although well intentioned, may create explosive, adverse consequences at trial. This article critically examines the courts' interpretation of the joinder rules …

Frye And DauberT: Does Pennsylvania Need A Different Evidentiary Standard For Scientific Evidence?, Leonidas Pandeladis

Duquesne Law Review

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Uniform Commercial Code - Article Iii - Article Ix - Status Of Personal Property Used As Collateral - Deficiency Judgment Act, David C. Bruening

Duquesne Law Review

The Supreme Court of Pennsylvania split on the question of when the Deficiency Judgment Act places a debtor's personal property offered as collateral beyond the reach of a judgment creditor when the agreement between the parties can be interpreted under either Article Il or Article IX of the Uniform Commercial Code.

Horbal v. Moxham Nat'1 Bank, 697 A.2d 577 (Pa. 1997).

Labor Law - Unemployment Compensation - Voluntary Termination Of Employment, Christine M. Gass

Duquesne Law Review

The Supreme Court of Pennsylvania held that a claimant who is justifiably demoted and subsequently terminates his employment is not entitled to receive unemployment compensation.

Allegheny Valley School v. Pennsylvania Unemployment Compensation Bd., 697 A.2d. 243 (Pa. 1997).

Pennsylvania's "Registration Of Sexual Offenders" Statute: Can It Survive A Constitutional Challenge?, Stephie-Anna Kapourales Fernsler

Duquesne Law Review

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Constitutional Law - Interstate Commerce - Dormant Commerce Clause - Municipal Waste Control, Donald R. Palladino

Duquesne Law Review

The Supreme Court of Pennsylvania held that a municipal waste flow control plan violated the Commerce Clause of the United States Constitution because the plan required that all municipal waste generated within the municipality for ten years be disposed of at one of three designated sites.

Empire Sanitary Landfill v. Department of Envtl. Resources, 684 A2d 1047 (Pa. 1996).

Military Affairs - Veterans' Preference Act - Statutory Construction, John W. Lasky

Duquesne Law Review

The Commonwealth Court of Pennsylvania held that honorably discharged veterans of the United States Reserves or National Guard are eligible for employment preference in public positions only when they fulfill their complete military obligations.

Sicuro v. City of Pittsburgh, 684 A.2d 232 (Pa. Commw. Ct. 1996).

Title Page - Volume 36 (1997-1998)

Duquesne Law Review

No abstract provided.

Criminal Law - Rape - Unconscious Victim, Melissa A. Struzzi

Duquesne Law Review

The Supreme Court of Pennsylvania held that a victim is "unconscious" under 18 Pa. Cons. Stat. section 3121(3) even if the victim can remember some details of the rape.

Commonwealth v. Erney, 698 A.2d 56 (Pa. 1997).

Table Of Contents, Volume 36, Number 4, Summer 1998

Duquesne Law Review

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Professional Ethics - Attorney Misconduct - Rules Of Disciplinary Enforcement, Gerald J. Kross

Duquesne Law Review

The Supreme Court of Pennsylvania held that because of the "egregious" nature of the offense an attorney may not rely on purported "mitigating evidence" to avoid disbarment when he perpetrates a fraud on the judicial system by using an impersonator to orchestrate the conviction of one client to benefit another client.

Office of Disciplinary Counsel v. Raiford, 687 A.2d 1118 (Pa. 1997).

Erisa Preemption Of Medical Malpractice Claims Against Managed Care Organizations, Julie K. Freeman

Duquesne Law Review

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Constitutional Law - Procedural Due Process - Employment - Suspension - State Employees, Matthew Q. Ammon

Duquesne Law Review

The Supreme Court of the United States held that a state university employee suspended without pay due to his arrest on drug-related charges was not entitled under the Due Process Clause to notice and a hearing prior to his suspension.

Gilbert v. Homar, 117 S. Ct. 1807 (1997).

Constitutional Law - Standing - Separation Of Powers, Michael J. Cremonese

Duquesne Law Review

The Supreme Court of the United States refused to rule on whether the Line Item Veto Act of 1996 violated the Constitutional separation of powers by impermissibly delegating legislative powers to the President because the Congressmen who brought the suit did not have standing to maintain the action.

Raines v. Byrd, 117 S. Ct. 2312 (1997).

Age Discrimination In Employment Act: Life After St. Mary's Honor Center V. Hicks - Rolling The Dice Against A Stacked Deck, David Culp

Duquesne Law Review

The Supreme Court of the United States' 5-4 decision in St. Mary's Honor Center v. Hicks has created uncertainty and confusion for both courts and parties involved in age discrimination cases. The Court noted in its decision that if Congress was displeased with the result, "[it] remains free to alter what we have done." In this article, the author strongly urges Congress to accept the Court's invitation and enact legislation to force courts to abandon the St. Mary's approach, which has effectively rewarded discriminatory practices by employers.

Does "Puff" Create An Express Warranty Of Merchantability? Where The Hornbooks Go Wrong, Charles Pierson

Duquesne Law Review

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Nexus On The Net: A Taxing Question, Brian G. Ritz

Duquesne Law Review

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Private Enforcement Of The Social Contract: Deshaney And The Second Amendment Right To Own Firearms, David E. Murley

Duquesne Law Review

What is the meaning of the phrase "the right to bear arms"? The United States Supreme Court has not granted certiorari to a Second Amendment case since 1939. The author suggests that the Court's ruling in DeShaney v. Winnebago County Dep't of Social Svcs. provides an important insight into Second Amendment issues that should be considered by citizens, legislators, and the Court in resolving the gun control controversy.

Employment Law - Federal Employers' Liability Act, Anthony Lamanna

Duquesne Law Review

The Supreme Court held that an employee who suffered prolonged asbestos exposure could not recover under FELA for negligently inflicted emotional distress unless, and until, the employee had manifested physical symptoms of disease.

Metro-North Commuter R.R. Co. v. Buckley, 117 S. Ct. 2113 (1997,).

Perjury! - The Charges And The Defenses, Richard H. Underwood

Duquesne Law Review

Perjury is the most hotly debated topic in America today. In this witty and instructive article, the author explains what constitutes the crime of perjury, provides examples of how defendants have sometimes avoided conviction, and discusses the impact of federal and state statutes on prosecutors, defendants, witnesses, the judiciary, the legislature, and society.

Constitutional Law - First Amendment - Enforcement Clause - Religious Freedom Restoration Act Of 1993, Melissa M. Furrer

Duquesne Law Review

The United States Supreme Court held that Congress' passage of the Religious Freedom Restoration Act of 1993 violated the Enforcement Clause of the United States Constitution.

City of Boerne v. Mores, 117 S. Ct. 2157 (1997).

Constitutional Law - Criminal Procedure - Fourth Amendment - "Knock And Announce" Rule, Brian Simmons

Duquesne Law Review

The Supreme Court of the United States held that the common law ,"knock and announce" rule was an indispensable component of the Fourth Amendment's "reasonableness" requirement, and therefore, should not be subject to a per se blanket exception.

Richards v. Wisconsin, 117 S. Ct. 1416 (1997).

Articles - Titles - Volume 36 (1997-1998)

Duquesne Law Review

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Recent Decisions - Cases Noted - Volume 36 (1997-1998)

Duquesne Law Review

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Articles - Authors - Volume 36 (1997-1998)

Duquesne Law Review

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Subject Matter Index To Volume 36 (1997-1998)

Duquesne Law Review

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Recent Decisions - Titles - Volume 36 (1997-1998)

Duquesne Law Review

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