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Recent Decisions - Titles - Volume 17 (1978-1979)

Duquesne Law Review

No abstract provided.

Nuclear Power Wastes: Tomorrow's Problem Faces Us Today, J. Philip Bromberg

Duquesne Law Review

No abstract provided.

Helium Conservation: A Policy Matter Not To Be Taken Lightly, Edward Gerjuoy

Duquesne Law Review

No abstract provided.

Corrective Advertising: Panacea Or Punishment, Linda Osgood Johnston

Duquesne Law Review

No abstract provided.

Labor Law - Federal Preemption - Pension And Retirement Plans, James P. Hollihan

Duquesne Law Review

The Supreme Court of the United States has held that prior to ERISA, a state's power to regulate pension plans by imposing minimum vesting and funding requirements more stringent than those contained in a collective bargaining agreement was not preempted by federal labor policy.

Malone v. White Motor Corporation, 435 U.S. 497 (1978).

Federal Income Tax - Sale Or Exchange Of Partnership Interest - Capital Loss - Corn Products, William E. Kelleher Jr.

Duquesne Law Review

The United States Tax Court has held that section 741 of the Internal Revenue Code controls the characterization of the loss from the sale or exchange of a partnership interest; that section acts independently of section 1221, and therefore the taxpayer may not avail himself of the Corn Products doctrine.

Pollack v. Commissioner, 69 T.C. 142 (1977).

Property - Landlord And Tenant Law - Implied Warranty Of Habitability In Residential Leases, Angeline Straka

Duquesne Law Review

The Pennsylvania Superior Court has held that the principle of caveat emptor is no longer applicable to residential leases and that an implied warranty of habitability, with its requisite contract remedies, will now apply to all such leases.

Pugh v. Holmes, 384 A.2d 1234 (Pa. Super. Ct. 1978).

Austin L. Staley - In Memoriam - On Law And Scholarship, Ronald R. Davenport

Duquesne Law Review

No abstract provided.

A Note On Prostitution: Victims Without Crime - Or There's No Crime But The Victim Is Ideology, Elliott M. Abramson

Duquesne Law Review

No abstract provided.

The Legal Status Of Bilingual Education In America's Public Schools: Testing Ground For A Statutory And Constitutional Interpretation Of Equal Protection, Anthony J. Plastino

Duquesne Law Review

No abstract provided.

Zoning - Constitutionality Of Exclusionary Zoning Ordinance - Fair Share, Sally A. Davoren

Duquesne Law Review

The Supreme Court of Pennsylvania has held that a suburban zoning ordinance which limited multi-family dwellings to a forty-three acre commercial district was unconstitutionally exclusionary, since it did not provide a fair share of the township's 3,800 acres for development of multi-family dwellings.

Surrick v. Zoning Hearing Board, 382 A.2d 105 (Pa. 1977).

Constitutional Criminal Procedure - Due Process - Judgment And Sentence - Judge's Discretion To Consider Defendant's False Testimony, Timothy J. Mains

Duquesne Law Review

The United States Supreme Court has held that neither the due process clause nor 18 U.S.C. § 3481, which guarantees a criminal defendant's right to take the stand in his own defense, precludes a judge, in determining sentence, from taking into account his belief that the defendant's testimony under oath contained willful and material falsehoods.

United States v. Grayson, 98 S. Ct. 2610 (1978)

Torts - Strict Product Liability - Recovery For Emotional Distress, Marilyn Sydeski

Duquesne Law Review

The California Court of Appeals has held that a cause of action may be maintained in strict liability for physical injuries resulting from emotional shock suffered in witnessing injuries or death inflicted upon a close family member as the result of a defectively designed or manufactured product.

Shepard v. Superior Court, 76 Cal. App. 3d 16, 142 Cal. Rptr. 612 (1977).

Title Page And Masthead - Volume 17 (1978-1979)

Duquesne Law Review

No abstract provided.

Negotiation, Ratification, And Rescission Of The Guilty Plea Agreement: A Contractual Analysis And Typology, David A. Jones

Duquesne Law Review

No abstract provided.

Administrative Prerequisites To Litigation Under Title Vii Of The Civil Rights Act Of 1964 - Recent Developments, James S. Bukes

Duquesne Law Review

No abstract provided.

The Difficulty In Defining Constitutional Standards For State Prisoners' Claims Of Inadequate Medical Treatment, Vicki C. Thompson

Duquesne Law Review

No abstract provided.

Book Review, Margaret Stewart

Duquesne Law Review

THE CONSTITUTION AND THE COMMON LAW: THE DECLINE OF THE DOCTRINES OF SEPARATION OF POWERS AND FEDERALISM. By Randall Bridwell and Ralph U. Whitten. Lexington, Mass.: D.C. Heath and Co., 1977. Pp. xv, 206.

Industrial Standards, Antitrust, And The Logic Of Public Action: An Historical Search For A Rational Public Policy, William J. Curran

Duquesne Law Review

No abstract provided.

Additional Comments On The Application Of Statistical Analysis To Differential Pass-Fail Rates In Employment Testing, B. C. Spradlin, J. W. Drane

Duquesne Law Review

No abstract provided.

Preferred Stock Recapitalizations: A Basic Look At Some Tax Problems, William Y. Rodewald, Carl A. Cohen

Duquesne Law Review

No abstract provided.

Strict Products Liability For Injuries Prior To Sale Or Delivery: A Proposed "Stream Of Commerce" Test, Robert J. Marino

Duquesne Law Review

No abstract provided.

An Analysis Of The Marital Deduction In Estate Planning, Ted Tishman

Duquesne Law Review

No abstract provided.

The Applicability Of The Doctrine In Pari Delicto To A 10b-5 Action, David A. Ricchuito

Duquesne Law Review

No abstract provided.

Book Review, Kenneth E. Gray

Duquesne Law Review

PATTERNS OF AMERICAN LEGAL THOUGHT. By G. Edward White. The Bobbs-Merrill Co., Inc., 1978, Pp. 389

Constitutional Law - Civil Rights Actions - Federal Court Review Of State Statutes - Abstention, Jerry S. Mcdevitt

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that the Younger abstention doctrine does not bar a federal court from entertaining a civil rights action seeking injunctive relief against an ongoing state quiet title action since the state had not initiated the underlying state proceeding.

Johnson v. Kelly, 583 F.2d 1242 (3d Cir. 1978).

Grand Jury - Irregularities In Function - Substitution Of Grand Jurors, Richard J. Schubert

Duquesne Law Review

The Pennsylvania Supreme Court has held that the unprecedented substitution of six grand jurors one year after the original panel had been sworn and begun its work was prejudicial to the defendant and necessitated the invalidation of the investigating grand jury's presentment and the subsequent indictment based on that presentment.

Commonwealth v. Levinson, 389 A.2d 1062 (Pa. 1978).

Taxation - Inclusions In Gross Income - Cash Allowances For State Troopers, Marilyn Kay Josephs

Duquesne Law Review

The United States Supreme Court has held that cash allowances paid to state troopers for meals while on duty must be included in gross income under section 61 of the Internal Revenue Code and cannot be excluded by section 119.

Commissioner v. Kowalski, 434 U.S. 77 (1977).

Title Page And Masthead - Volume 17 (1978-1979)

Duquesne Law Review

No abstract provided.

Constitutional Law - Double Jeopardy - Juvenile Court Procedure - State Exceptions To Master's Proposals, Christine L. Donohue

Duquesne Law Review

The Supreme Court of the United States has held that a Maryland juvenile rule that allows the state to file exceptions to a master's proposed findings and recommendations with a juvenile judge does not violate the double jeopardy clause even though the juvenile judge is free to accept, reject, or modify the proposals or to supplement the record, since the master's hearing and review by the judge constitutes a single proceeding.

Swisher v. Brady, 98 S. Ct. 2699 (1978).