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Full-Text Articles in Law
Less Law, But More Justice?: Jury Trials And Mediation As Means Of Resolving Will Contests, Ronald Chester
Less Law, But More Justice?: Jury Trials And Mediation As Means Of Resolving Will Contests, Ronald Chester
Duquesne Law Review
The common law emphasis on testamentary intent and undue influence in resolving will contests may overshadow fair distribution. The author presents verdict data from various probate court systems to examine the effectiveness of jury trials and alternative dispute resolution as methods of settling will contests. The author advocates probate court systems that afford will contestants the opportunity to mediate disputes and obtain jury trials in addition to, or in place of, judicial resolutions.
Federal Courts - Multidistrict Litigation - Change Of Venue - Assignment Of Case For Trial, Janice A. Fall
Federal Courts - Multidistrict Litigation - Change Of Venue - Assignment Of Case For Trial, Janice A. Fall
Duquesne Law Review
The United States Supreme Court held that a court handling a multidistrict litigation pursuant to 28 U.S.C. ยง 1407 does not have the authority to grant a change of venue motion to assign the case to itself for trial.
Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach, 118 S. Ct. 956 (1998).
The Publication Bar: How Disclosing An Invention To Others Can Jeopardize Potential Patent Rights, Donald R. Palladino
The Publication Bar: How Disclosing An Invention To Others Can Jeopardize Potential Patent Rights, Donald R. Palladino
Duquesne Law Review
No abstract provided.
Building New Stadiums With Your Money Whether You Like It Or Not: The Pennsylvania Constitution Does Not Prohibit The Use Of Public Funds To Construct New Stadiums, Michael J. Cremonese
Building New Stadiums With Your Money Whether You Like It Or Not: The Pennsylvania Constitution Does Not Prohibit The Use Of Public Funds To Construct New Stadiums, Michael J. Cremonese
Duquesne Law Review
No abstract provided.
Table Of Contents, Volume 37, Number 4, Summer 1999
Table Of Contents, Volume 37, Number 4, Summer 1999
Duquesne Law Review
No abstract provided.
Civil Rights - Americans With Disabilities Act Of 1990 - Prohibition Of Public Entity Discrimination Against Qualified Individual With A Disability - Application To Inmates In State Prisons, Ryan M. Debski
Duquesne Law Review
The United States Supreme Court held that Title II of the Americans with Disabilities Act of 1990, which prohibits a public entity from discriminating against a qualified individual with a disability on account of that individual's disability, applies to inmates in state prisons.
Pa. Dep't of Corrections v. Yeskey, 118 S.Ct. 1952 (1998).
A Tribute To Professor And Dean Emeritus John J. Sciullo, Volume 38 Editors, Staff, And Faculty Advisors
A Tribute To Professor And Dean Emeritus John J. Sciullo, Volume 38 Editors, Staff, And Faculty Advisors
Duquesne Law Review
No abstract provided.
The Convergence Of Thinking, Talking, And Writing: A Theory For Improving Writing, Kellen Mcclendon
The Convergence Of Thinking, Talking, And Writing: A Theory For Improving Writing, Kellen Mcclendon
Duquesne Law Review
The author's longstanding method of improving a law student's legal writing is to encourage the student to "talk-out" what the student is trying to write. The author finds support for that method by exploring the relationship among thinking, talking, and writing through the work of experts in those fields. The author concludes that the best way to find the overlap of thinking, talking, and writing, which is the point of effective communications, is to talk-out what one is writing.
It's Time To Loosen Rule 23'S Belt: Problems With Class Action Lawsuits, Scott A. Harford
It's Time To Loosen Rule 23'S Belt: Problems With Class Action Lawsuits, Scott A. Harford
Duquesne Law Review
No abstract provided.
Child Support Guidelines Encourage Forum Shopping, Tim Graves
Child Support Guidelines Encourage Forum Shopping, Tim Graves
Duquesne Law Review
No abstract provided.
Evidence - Attorney-Client Privilege - Survival Of The Privilege After The Client's Death, James F. Glunt
Evidence - Attorney-Client Privilege - Survival Of The Privilege After The Client's Death, James F. Glunt
Duquesne Law Review
The United States Supreme Court held that the federal evidentiary attorney-client privilege survives the client's death and therefore protects an attorney's notes taken during a client meeting from discovery by a federal grand jury when the client died shortly after the meeting and the notes are sought because of their relevance to a criminal investigation conducted by the Office of Independent Counsel.
Swidler & Berlin v. United States, 118 S. Ct. 2081 (1998).
Title Page - Volume 37 (1998-1999)
Common Interest Ownership In Pennsylvania: An Examination Of Statutory Reforms And Implications For Practitioners, Michael L. Utz
Common Interest Ownership In Pennsylvania: An Examination Of Statutory Reforms And Implications For Practitioners, Michael L. Utz
Duquesne Law Review
No abstract provided.
Tort Law - Damages - Imposition Of Punitive Damages On Deceased's Estate, Jill L. Locnikar
Tort Law - Damages - Imposition Of Punitive Damages On Deceased's Estate, Jill L. Locnikar
Duquesne Law Review
The Pennsylvania Supreme Court held that punitive damages could be recovered from the estate of the deceased tortfeasor.
G.J.D. and D.K and J.K v. Johnson, 713 A.2d 1127 (Pa. 1998).
Legal Malpractice - Collectibility Of Damages - Burden Of Proving (Un)Collectibility Of Damages, Elisa Recht Marlin
Legal Malpractice - Collectibility Of Damages - Burden Of Proving (Un)Collectibility Of Damages, Elisa Recht Marlin
Duquesne Law Review
The Pennsylvania Supreme Court held that collectibility of damages in the underlying suit was properly considered in a legal malpractice cause of action and that the burden of proving (un)collectibility of damages was on the attorney-defendant, who must plead uncollectibility as an affirmative defense and prove it by a preponderance of the evidence.
Kituskie v. Corbman, 714 A.2d 1027 (Pa 1998).
Update: The Current State Of Nonprofit Director Liability, Jaclyn A. Cherry
Update: The Current State Of Nonprofit Director Liability, Jaclyn A. Cherry
Duquesne Law Review
The nonprofit environment is in a state of flux. The author traces the evolution of the role of directors of nonprofit corporations, reviews the current state of the law governing directors of nonprofit corporations, and examines situations in which such directors may be held liable for breaches of their duties.
Moral Disengagement And Lawyers: Codes, Ethics, Conscience, And Some Great Movies, Marianne M. Jennings
Moral Disengagement And Lawyers: Codes, Ethics, Conscience, And Some Great Movies, Marianne M. Jennings
Duquesne Law Review
The American justice system is premised in large part on the notion that all accused parties are entitled to representation, regardless of guilt or innocence. This tenet requires attorneys to divorce their personal convictions from their professional representations, resulting, in the author's view, in moral disengagement. The author examines the effect such rationalization has on attorneys' behavior when confronting ethical dilemmas and finds cinematographic examples of this theory in a review of movies with legal themes.
Seven Habits Of Highly Successful Law Students, Christian D. Bareford
Seven Habits Of Highly Successful Law Students, Christian D. Bareford
Duquesne Law Review
No abstract provided.
Sex Behind The Bar: Should Attorney-Client Sexual Relations Be Prohibited?, Melissa A. Struzzi
Sex Behind The Bar: Should Attorney-Client Sexual Relations Be Prohibited?, Melissa A. Struzzi
Duquesne Law Review
No abstract provided.
Title Page - Volume 38 (1999-2000)
Table Of Contents, Volume 38, Number 1, Fall 1999
Table Of Contents, Volume 38, Number 1, Fall 1999
Duquesne Law Review
No abstract provided.
A Tribute To Dean John Sciullo, Nicholas P. Cafardi
A Tribute To Dean John Sciullo, Nicholas P. Cafardi
Duquesne Law Review
No abstract provided.
The Law Of Civil Commitment In Pennsylvania: Towards A Consistent Interpretation Of The Mental Health Procedures Act, Steven B. Datlof
The Law Of Civil Commitment In Pennsylvania: Towards A Consistent Interpretation Of The Mental Health Procedures Act, Steven B. Datlof
Duquesne Law Review
Pennsylvania courts inconsistently interpret the Pennsylvania Mental Health Procedures Act, which governs the issue of whether a doctor can recommend that an individual be involuntarily committed to the psychiatric ward of a hospital. The author submits that mental health review officers in urban centers tend to interpret the statute's "clear and present danger standard" much more narrowly than do officers in rural centers. The author proposes a consistent interpretation based on the plain language of the statute, such that the clear and present danger need not always be evidenced by threats of harm and acts in furtherance of those threats.
Emtala's Stabilization Requirement Does Not Require Proof Of Improper Motive: Roberts V. Galen Of Virginia, David E. Mitchell
Emtala's Stabilization Requirement Does Not Require Proof Of Improper Motive: Roberts V. Galen Of Virginia, David E. Mitchell
Duquesne Law Review
The Supreme Court of the United States held that a plaintiff does not have to prove that a hospital acted with an improper motive when seeking recovery for alleged violations of EMTALAs stabilization requirement because the language of the statute does not support such a test.
Roberts v. Galen of Virginia, 119 S. Ct. 685 (1999).
The Federal Service Labor-Management Relations Statute Permits But Does Not Require Union-Initiated Midterm Bargaining: National Federal Employees, Local 1309 V. Department Of The Interior, Todd A. Portzline
Duquesne Law Review
The Supreme Court of the United States held that the FSLMRS permits union-initiated midterm bargaining, and that Congress delegated the agency charged with the administration of the FSLMRS the power to determine whether the statute requires federal agencies to negotiate union-initiated midterm contract proposals.
National Federation of Federal Employees, Local 1309 v. Department of the Interior, 119 S. Ct. 1003 (1999).
Table Of Contents, Volume 37, Number 2, Winter 1999
Table Of Contents, Volume 37, Number 2, Winter 1999
Duquesne Law Review
No abstract provided.
Peer Sexual Harassment: Holding Educational Institutions To A Higher Standard, Anthony M. Lamanna
Peer Sexual Harassment: Holding Educational Institutions To A Higher Standard, Anthony M. Lamanna
Duquesne Law Review
No abstract provided.
Sharing Alike: French Family Taxation As A Model For Reform, Ayla A. Lari
Sharing Alike: French Family Taxation As A Model For Reform, Ayla A. Lari
Duquesne Law Review
The current system of federal income taxation neither recognizes nor accommodates the realities of the modern American family. The author proposes an alternative method of taxing personal income based on the French method of taxation. The French method of taxing each family member's portion of total family income in the aggregate according to a universal rate schedule is examined as a model that better reflects the actual living arrangements and financial burdens of American taxpayers.
When A State Seizes Property During A Criminal Investigation, Due Process Requires Notice That The Property Was Seized, But Does Not Require Detailed Notice Of Post-Seizure Remedies: City Of Weat Covina V. Perkins, Emily L. Dimperio
Duquesne Law Review
The Supreme Court of the United States held that the Due Process Clause of the Fourteenth Amendment requires a state or its local entities to provide notice that property was seized during a criminal investigation, but does not require a state to provide specific instructions or advice to owners who seek the return of property that was lawfully seized but no longer needed for police investigation or criminal prosecution.
City of West Covina v. Perkins, 119 S. Ct. 678 (1999).