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Full-Text Articles in Law
Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan
Less Mischief, Not None: Respecting Federalism, Respecting States And Respecting Judges In Diversity Jurisdiction Cases, Doris Deltosto Brogan
Doris DelTosto Brogan
Abstract: In 2009, the Court of Appeals for the Third Circuit decided Berrier v. Simplicity, a tragic, but otherwise modest personal injury diversity case that was brought under Pennsylvania products liability law. The Third Circuit predicted that Pennsylvania would adopt the Restatement (Third) of Torts, and abandon what everyone (including several members of the Pennsylvania Supreme Court) considered an incomprehensible products liability jurisprudence that had evolved under Pennsylvania’s interpretation of the Restatement (Second). But for five years the Pennsylvania Supreme Court did not adopt the Restatement (Third), despite several opportunities to do so. Yet during those years, the Third Circuit …
Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin
Conflicts Of Interest In Criminal Cases: Should The Prosecution Have A Duty To Disclose?, Anne Poulin
Working Paper Series
This article addresses two types of conflicts of interests that arise in criminal cases: 1) when defense counsel has an employment relation to the prosecutor’s office, and 2) when defense counsel faces criminal investigation or charges. Both these situations threaten both the defendant’s representation and the actual as well as apparent fairness of the proceeding. Yet, only in extreme cases are these conflicts likely to result in a reversal of the defendant’s conviction. As a result, protection of the defendant and the fairness of the process often depends on early intervention, which allows the court to advise the defendant of …
Presidential Authority And The War On Terror, Joseph W. Dellapenna
Presidential Authority And The War On Terror, Joseph W. Dellapenna
Working Paper Series
Immediately after the attacks on the United States of September 11, 2001, President George W. Bush claimed, among other powers, the power to launch preemptive wars on his own authority; the power to disregard the laws of war pertaining to occupied lands; the power to define the status and treatment of persons detained as “enemy combatants” in the war on terror; and the power to authorize the National Security Agency to undertake electronic surveillance in violation of the Foreign Intelligence Surveillance Act. With the exception of the power to launch a preemptive war on his own authority (for which he …
A Quarter Century Later - The Period Of Limitations For Rule 10b-5 Damage Actions In Federal Courts Sitting In Pennsylvania, H. Robert Fiebach, David M. Doret
A Quarter Century Later - The Period Of Limitations For Rule 10b-5 Damage Actions In Federal Courts Sitting In Pennsylvania, H. Robert Fiebach, David M. Doret
Villanova Law Review
No abstract provided.
Social Security Act - Widow's Social Security Benefits Extended To Woman Whose Marriage Was Technically Invalid Under Pennsylvania's Paramour Statute, Barbara A. Schneller
Social Security Act - Widow's Social Security Benefits Extended To Woman Whose Marriage Was Technically Invalid Under Pennsylvania's Paramour Statute, Barbara A. Schneller
Villanova Law Review
No abstract provided.
The Federal Medical Care Recovery Act: A Case Study In The Creation Of Federal Common Law, Joseph C. Long
The Federal Medical Care Recovery Act: A Case Study In The Creation Of Federal Common Law, Joseph C. Long
Villanova Law Review
No abstract provided.
Admiralty And Maritime Law, Various Editors
Admiralty And Maritime Law, Various Editors
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander
Assistance In Addition To Counsel For Indigent Defendants: The Need For, The Lack Of, The Right To, Dennis W. Alexander
Villanova Law Review
No abstract provided.
Patents, Technical Data And International Defense Agreements, Harry M. Saragovitz, James A. Dobkin
Patents, Technical Data And International Defense Agreements, Harry M. Saragovitz, James A. Dobkin
Villanova Law Review
No abstract provided.
A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.
A Resurgence Of The Klaxon Controversy - Contemporary Legal Trends Revitalize An Old Principle, William H. Danne Jr.
Villanova Law Review
No abstract provided.
Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner
Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner
Villanova Law Review
No abstract provided.
The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy
The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy
Villanova Law Review
No abstract provided.
Recent Developments, Various Editors
Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly
Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly
Villanova Law Review
No abstract provided.
Nonresidents And Jurisdiction: A Modern Dilemma In Civil And Criminal Procedure, Malcolm J. Gross, Robert M. Schwartz
Nonresidents And Jurisdiction: A Modern Dilemma In Civil And Criminal Procedure, Malcolm J. Gross, Robert M. Schwartz
Villanova Law Review
No abstract provided.
Congress Answers The Supreme Court: Is Sabbitino Still Law, Dolores B. Sesso
Congress Answers The Supreme Court: Is Sabbitino Still Law, Dolores B. Sesso
Villanova Law Review
No abstract provided.
Annulment - Personal Jurisdiction - Court Of Plaintiff's Domicile Has Jurisdiction Over Nonresident Defendant Served By Registered Mail, Edward Gerald Donnelly Jr.
Annulment - Personal Jurisdiction - Court Of Plaintiff's Domicile Has Jurisdiction Over Nonresident Defendant Served By Registered Mail, Edward Gerald Donnelly Jr.
Villanova Law Review
No abstract provided.
Griffith V. United Air Lines, Inc.: A Justification For Uncertainty, Jack J. Bernstein, William B. Freilich
Griffith V. United Air Lines, Inc.: A Justification For Uncertainty, Jack J. Bernstein, William B. Freilich
Villanova Law Review
No abstract provided.
Marriage By Injunction: A Study Of The Problems Enjoining Divorce, Robert M. Schwartz
Marriage By Injunction: A Study Of The Problems Enjoining Divorce, Robert M. Schwartz
Villanova Law Review
No abstract provided.
Comments, Various Editors
Comments, Various Editors
Conflict Of Laws - Wrongful Death Statute - Refusal To Apply Damage Limitation Of Foreign Wrongful Death Statute, Ned W. Manashil
Conflict Of Laws - Wrongful Death Statute - Refusal To Apply Damage Limitation Of Foreign Wrongful Death Statute, Ned W. Manashil
Villanova Law Review
No abstract provided.
Recent Decisions, Various Editors
Bills And Notes - Stolen Government Bonds Applicable Law - Burden Of Proof, Henry A. Giuliani
Bills And Notes - Stolen Government Bonds Applicable Law - Burden Of Proof, Henry A. Giuliani
Villanova Law Review
No abstract provided.