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Full-Text Articles in Law
The Exercise Of The Abstention Doctrine And Its Consequences: A Clarification, John Edward Dratch
The Exercise Of The Abstention Doctrine And Its Consequences: A Clarification, John Edward Dratch
Duquesne Law Review
No abstract provided.
School Desegregation And The Office Of Education Guidelines, Dan Cooper
School Desegregation And The Office Of Education Guidelines, Dan Cooper
Duquesne Law Review
Fourteen years after the Supreme Court's 1954 ruling in the school segregation cases, school segregation is still with us, North and South. Those optimistic and hopeful individuals who saw a rapid end to segregation in the Court's ruling, in the passage of the 1964 Civil Rights Act, in the 1965 Voting Rights Act, and in other concerted activity designed to end segregation have been disappointed. In an apparent effort to improve both the quantity and quality of desegregation plans in the public schools, the Department of Health, Education and Welfare has promulgated a set of guidelines to aid in the …
Title Page - Volume 6 (1967-1968)
Bequests For The Care Of Specific Animals, James T. Brennan
Bequests For The Care Of Specific Animals, James T. Brennan
Duquesne Law Review
Today bequests including trusts for the performance of religious services or for the care of gravesites are universally upheld, either under common law or specific authorizing statutes. In the few jurisdictions where such trusts are not regarded as charitable trusts, they are upheld as honorary trusts. When we turn to the testamentary dedication of property for the care of specific animals, we find no such general acceptance. Gifts for the care of specific animals, usually pets of the deceased testatrix, have been upheld only in England, Ohio and Kentucky, despite the fact that the scholarly literature in general favors the …
Constitutional Law - Criminal Law - Fourth Amendment - "Mere Evidence Rule", Robert A. Kelly
Constitutional Law - Criminal Law - Fourth Amendment - "Mere Evidence Rule", Robert A. Kelly
Duquesne Law Review
Fourth Amendment-"Mere Evidence Rule"-The distinction between instrumentalities, contraband, fruits of the crime and evidentiary objects has been abolished and evidentiary objects may now be searched for and seized if the search is reasonable and if the officers have probable cause to believe that such seizure will lead to apprehension or conviction.
Warden, Maryland Penitentiary v. Hayden, 87 S. Ct. 1642 (1967).
Sales - Warranties, Daniel W. Cooper
Sales - Warranties, Daniel W. Cooper
Duquesne Law Review
Conforming tender by adjustment or minor repair- Under the Uniform Commercial Code, where the seller was denied access and a reasonable opportunity to conform a defective tender by adjustment or minor repair rather than by substituting new merchandise, the buyer failed to show a breach of warranty entitling him to either new merchandise or rescission.
Wilson v. Scampoli, 228 A.2d 848 (D.C. Ct. App. 1967).
Wills - General Powers Of Appointment, Paul E. Warburgh Jr.
Wills - General Powers Of Appointment, Paul E. Warburgh Jr.
Duquesne Law Review
Exercise of a power by a general bequest or devise in a will-The Pennsylvania Supreme Court in applying Section 14(14) of the Wills Act of 1947 has clarified the law by holding that extrinsic evidence is inadmissible to prove a contrary intent.
Jaekel Estate, 424 Pa. 433, 227 A.2d 851 (1967).
Book Reviews, Cornelius F. Murphy Jr., Harry M. Montgomery
Book Reviews, Cornelius F. Murphy Jr., Harry M. Montgomery
Duquesne Law Review
FOREIGN SEIZURES: SABBATINO AND THE ACT OF STATE DOCTRINE. By Eugene F. Mooney.
TREATISE ON JUSTICE. By Edgar Bodenheimer.
Title Page - Volume 6 (1967-1968)
The Cold War And The Peaceful Settlement Of Disputes: A Comment, Cornelius F. Murphy Jr.
The Cold War And The Peaceful Settlement Of Disputes: A Comment, Cornelius F. Murphy Jr.
Duquesne Law Review
I agree with what I understand to be Professor Katz's main thesis: that cold war disputes are presently nonjusticiable. But I dissent from his conclusion that these disputes should be considered as entirely outside the mainstream of international adjudicatory developments. His position flows, I believe, from his willingness to attribute to the differences between the main powers a uniqueness which they do not, in any general appraisal, deserve.
The Cold War And The Peaceful Settlement Of Disputes: A Comment, David M. Cohen
The Cold War And The Peaceful Settlement Of Disputes: A Comment, David M. Cohen
Duquesne Law Review
After examining the legal issue raised by both sides prior to the American Civil War, Professor Katz concludes that although both the Union and the Southern states phrased their arguments in legal terms and recognized that a procedure existed whereby the issue could have been submitted to the Supreme Court, a judgment rendered by the Court (assuming the Court determined the issue to be justiciable),"... would not have altered the event. The United States and the Confederacy would have gone to war." This conclusion indicates that at least one (and, perhaps, two) of the optimum conditions for submission of the …
Antitrust - Vertical Restraints Of Territory And Customers - Section 1 Of The Sherman Act, Dennis P. Mankin
Antitrust - Vertical Restraints Of Territory And Customers - Section 1 Of The Sherman Act, Dennis P. Mankin
Duquesne Law Review
The United States Supreme Court, distinguishing between sales and agency transactions, has held that vertical territorial or customer restrictions of a manufacturer relative to a sale are per se violations and that restrictions incidental to an agency relation are subject to the rule of reason.
United States v. Arnold, Schwinn & Co., 388 U.S. 365, 87 S. Ct. 1856 (1967).
Contracts - Parol Evidence, David J. Kozma
Contracts - Parol Evidence, David J. Kozma
Duquesne Law Review
Parol evidence rule does not bar testimony concerning procurement of bank financing as an oral condition precedent to the formation of a contract for home improvements that did not mention financing, since the oral agreement did not contradict the main body of the written contract, despite the inclusion of an "integration clause."
Luther Williams, Jr., Inc. v. Johnson, 229 A.2d 163 (D.C. Ct. App. 1967).
Torts - Damages - "Wrongful Life", Robert C. Hillen
Torts - Damages - "Wrongful Life", Robert C. Hillen
Duquesne Law Review
The Supreme Court of New Jersey holds that negligent failure to advise of possible birth defects causing parents to forego option of abortion is not actionable by child or parents.
Gleitman v. Cosgrove, 49 N.J. 22, 227 A.2d 689 (1967).
Book Reviews, Gilberg J. Helwig Glenn, Glenn E. Mencer
Book Reviews, Gilberg J. Helwig Glenn, Glenn E. Mencer
Duquesne Law Review
DETECTION OF CRIME. By Lawrence P. Tiffany, Donald M. McIntyre, Jr.
LEGAL FICTIONS. By Lon L. Fuller.
PROPERTY LAW INDICTED! By W. Barton Leach
LAWYERS AND THE COURTS: A SOCIOLOGICAL STUDY OF THE ENGLISH LEGAL SYSTEM 1750-1965. By Brian Abel-Smith and Robert Stevens.
Austin L. Staley - A Salute, Wallace S. Gourley
Austin L. Staley - A Salute, Wallace S. Gourley
Duquesne Law Review
It is fitting that DUQUESNE UNIVERSITY LAW REVIEW has designated this edition of its excellent periodical as a tribute to one of its most distinguished and honored alumni, the Honorable Austin L. Staley.
Constitutional Law - Fourth Amendment - Electronic Eavesdropping, Jay Paul Kahle
Constitutional Law - Fourth Amendment - Electronic Eavesdropping, Jay Paul Kahle
Duquesne Law Review
Electronic Eavesdropping- Verbal evidence of gambling activities obtained without a warrant by means of an electronic listening device held inadmissable [sic].
Katz v. United States, 88 S. Ct. 507 (1968).
Constitutional Law - Self-Incrimination, Donald J. Burns
Constitutional Law - Self-Incrimination, Donald J. Burns
Duquesne Law Review
An accused gambler's claim of constitutional privilege against self-incrimination provides a complete defense to federal prosecution for violation of federal tax statutes requiring gamblers to pay excise and occupational taxes.
Marchetti v. United States, 88 S. Ct. 697 (1968). Grosso v. United States, 88 S. Ct. 709 (1968).
Trusts-Purpose Contrary To Public Policy, Michael J. Aranson
Trusts-Purpose Contrary To Public Policy, Michael J. Aranson
Duquesne Law Review
The Pennsylvania Supreme Court clarifies and updates its views on the validity of marriage and re-marriage conditions which are annexed to a testamentary trust, relating to the religion and national origin of the spouse of a beneficiary.
In re Estate of Keffalas, 426 Pa. 432, 233 A.2d 248 (1967).
Book Reviews, Kenneth B. Keating, Melvin M. Belli, J. M. Eekelaar, B. A. Karlowitz
Book Reviews, Kenneth B. Keating, Melvin M. Belli, J. M. Eekelaar, B. A. Karlowitz
Duquesne Law Review
EARL WARREN: A POLITICAL BIOGRAPHY. By Leo Katcher
THE JURY AND THE DEFENSE OF INSANITY. By Rita James Simon
LAWYERS AND THE COURTS: A SOCIOLOGICAL STUDY OF THE ENGLISHLEGAL SYSTEM 1750-1965. By Brian Abel-Smith and Robert Stevens
HUGO BLACK AND THE SUPREME COURT: A SYMPOSIUM. Edited by Stephen Parks Strickland
Title Page - Volume 6 (1967-1968)
Implied Warranty - Privity Of Contract, David J. Kozma
Implied Warranty - Privity Of Contract, David J. Kozma
Duquesne Law Review
Absence of privity of contract between an automobile manufacturer and the ultimate purchaser and execution of a written warranty agreement between manufacturer and retailer disclaiming any implied warranty of fitness does not preclude recovery of damages by the ultimate purchaser from the manufacturer for breach of implied warranty of fitness.
Manheim v. Ford Motor Co., 201 So. 2d 440 (Fla. 1967).
Volume 6, 1967-1968, Index - Articles - Authors
Volume 6, 1967-1968, Index - Articles - Authors
Duquesne Law Review
No abstract provided.
Volume 6, 1967-1968, Index - Articles - Titles/Book Reviews - Reviewers
Volume 6, 1967-1968, Index - Articles - Titles/Book Reviews - Reviewers
Duquesne Law Review
No abstract provided.
Volume 6, 1967-1968, Index - Cases Noted
Criminal Law - Disclosure Of Identity Of Eyewitness Informer, W. Bryan Pizzi Ii
Criminal Law - Disclosure Of Identity Of Eyewitness Informer, W. Bryan Pizzi Ii
Duquesne Law Review
The Supreme Court of Pennsylvania has held that the governmental privilege' to refrain from disclosing the identity of an informer does not limit the duty of the prosecution to make available the name and whereabouts of all material eyewitnesses to the defense.
Commonwealth v. Carter, 427 Pa. 53, 233 A.2d 284 (1967).
Austin L. Staley - An Appreciation, William H. Hastie
Austin L. Staley - An Appreciation, William H. Hastie
Duquesne Law Review
As judges, Austin Staley and I have grown up together. Eighteen years ago, at about the same time, we came to the bench of the United States Court of Appeals for the Third Circuit. We have been colleagues ever since. This has meant continuing close association in and shared responsibility for the decision of thousands of cases, affecting the interests large and small of uncounted litigants. In the long course of such association men learn each other's measure, professionally and, more broadly, as human beings. And when, as in the case of Judge Staley, so much that is admirable is …