Law Commons^™

Title Page - Volume 11 (1972-1973)

Duquesne Law Review

No abstract provided.

The Selective Conscience, Liane Norman

Duquesne Law Review

The odd-and possibly most instructive-thing about the Vietnam war is that while all the physical ruination has taken place in Southeast Asia, there has developed a sense of moral ruination in the United States. It is the sense of possibility unrealized, of high promise gone sour. The Vietnam war has upheaved fundamental questions about the obligation of the individual to obey his government, as against his obligation to obey his conscience. For the dead, maimed, homeless, displaced, and corrupted Indochinese, American introspection, of little comfort in any case, will come too late. Certainly the destruction of one society cannot be …

Interest Analysis: For Those Who Like It And Those Who Don't, David E. Seidelson

Duquesne Law Review

In Abendschein v. Farrell, the Supreme Court of Michigan declined to embrace the "heady stuff' of interest analysis and decided instead to retain lex loci delicti as the method of resolving choice-of-law problems in tort cases. While my own inclination is toward interest analysis, rather obviously the highest appellate court of any state has the right and the capacity to utilize any constitutionally permissible technique to resolve conflicts problems, and to hell with my personal preference. Still, the result achieved by the court in Abendschein has continued to trouble me. I think now I know why, and, in the …

Invasion Of Privacy - Recovery For Nonconsentual Use Of Photographs In Motion Pictures Based On The Appropriation Of Property, Frank Leo Brunetti

Duquesne Law Review

From the time Samuel D. Warren and Louis D. Brandeis wrote their article entitled "The Right of Privacy" in 1890, the thrust of most privacy suits has been for an injury to feelings. They suggested the right of privacy, although originating in property, should nevertheless be given separate and distinct recognition. Warren and Brandeis felt its basis should be on injury to feelings rather than injury to property. This theory was accepted by many legal authorities.

The Pennsylvania Dead Man's Rule: A Decedent's Delight, Thomas N. Silverman

Duquesne Law Review

Since its inception more than eight decades ago, the Pennsylvania "Dead Man's Rule" has proven to be the source of great conflict, controversy, and debate. Reflecting a national concern, various legal communities within the commonwealth have extolled the virtues and shortcomings of the rule, while advancing arguments for its sustenance and abolition respectively. Yet one undisputed reaction to the rule remains a constant; the universal sense of injustice provoked when it is applied to any given set of facts.

Constitutional Law - Criminal Procedure - Right To Counsel At Lineup, Warren D. Ferry

Duquesne Law Review

The United States Supreme Court has held that a lineup conducted prior to indictment is not a critical stage of the prosecution and therefore the sixth amendment right to counsel is not applicable.

Kirby v. Illinois, 406 U.S. 682 (1972).

Constitutional Law - Equal Protection - Validity Of School Board Termination Of Professional Employee, Richard William Perhacs

Duquesne Law Review

The Commonwealth Court of Pennsylvania has held that a school board regulation requiring teachers to resign at the end of their fifth month of pregnancy is reasonable and thus valid under a state statute.

Cerra v. East Stroudsburg Area School District, 3 Pa. Comm. Ct. 665, 285 A.2d 206 (1971).

Author's Note, Richard William Perhacs

Duquesne Law Review

No abstract provided.

Constitutional Law - Freedom Of Religion - Court Ordered Medical Treatment For Infants, Joel M. Dresbold

Duquesne Law Review

The Pennsylvania Supreme Court has ruled that an' infant is not a "neglected child" under the Pennsylvania Juvenile Court Act if the parents, on religious grounds, refuse to allow the infant to have surgery requiring a blood transfusion, when the child's life is not immediately endangered by his physical condition.

Green Appeal, 448 Pa. 338, 292 A.2d 387 (1972).

Landlord-Tenant - Eviction Proceedings - Appeal Bond, C. Timothy Shaffer

Duquesne Law Review

The Supreme Court of the United States has held that a state statute requiring a tenant to post a double-bond before appealing an adverse eviction decision violates the equal protection clause.

Lindsey v. Normet, 405 U.S. 56 (1972).

Book Reviews, Michael W. Balfe, Michael A. Weinstein, Paul C. Brophy

Duquesne Law Review

GREAT COURT-MARTIAL CASES. By Joseph DiMona. New York: Grosset & Dunlap Publishers, 1972. Pp. xi, 291. $6.95.

THE CONCEPT OF REPRESENTATION. By Hanna Fenichel Pitkin. Berkeley: University of Califorina [sic] Press, 1972. Pp. 323. $3.65.

THE NEW URBAN POLITICS: CITIES AND THE FEDERAL GOVERNMENT. Edited by Douglas M. Fox. Pacific Palisades: Goodyear Publishing Company, Inc., 1972. Pp. xiv, 303. $4.95.

Title Page - Volume 11 (1972-1973)

Duquesne Law Review

No abstract provided.

Constitutional Law - Chilling Effect On First Amendment Rights - Army Surveillance Of Civilian Political Activity, John S. Vento

Duquesne Law Review

The United States Supreme Court has held that allegations of a "subjective" chill of first amendment rights, due to the mere existence of the Army's intelligence and data gathering system, did not constitute a justiciable controversy since such allegations are not an adequate substitute for a claim of specific present objective harm or a threat of specific future harm necessary to invoke the judicial power to determine the validity of executive or legislative action.

Laird v. Tatum, 408 U.S. 1 (1972).

Books Received

Duquesne Law Review

No abstract provided.

Right To Bear Arms In Pennsylvania: The Regulation Of Possession, Thomas A. Wallitsch

Duquesne Law Review

No abstract provided.

Court Administration In Pennsylvania, Bernadine Meyer

Duquesne Law Review

No abstract provided.

Reorganizing The Federal Environmental Effort, Michael Mccloskey

Duquesne Law Review

No abstract provided.

Debt-Equity Question In The Federal Income Taxation Of Corporations: Will New Section 385 Make Tax Planning A Reality?, K. Jacqueline Bernat

Duquesne Law Review

No abstract provided.

Surviving Spouses - Uniform Probate Code Versus Pennsylvania's Probate, Estates And Fiduciaries Code, Richard D. Linderman

Duquesne Law Review

No abstract provided.

Acid Mine Drainage And The Pennsylvania Courts, Robert Broughton, Thomas A. Koza, Gary F. Selway

Duquesne Law Review

No abstract provided.

Constitutional Law - First Amendment - Right Of Newsmen Not To Reveal Confidential Sources Of Information To A Grand Jury, Ronald Carl Weingrad

Duquesne Law Review

The Supreme Court has held that in a grand jury setting, a newsman's status is the same as that of any other citizen and therefore he must respond to subpoena and answer all relevant questions relating to any investigation into the commission of crime.

Branzburg v. Hayes, 408 U.S. 665 (1972).

Federal Courts - Jurisdiction Under 28 U.S.C., Section 1343(3), Larry D. Yogel

Duquesne Law Review

The Supreme Court of the United States has held that for purposes of federal jurisdiction arising under 42 U.S.C., Section 1983, and its jurisdictional correlate 28 U.S.C., section 1343(3), there is no difference in achieving the right to redress deprivation pursuant to section 1343(3), whether the right asserted is personal, or proprietary.

Lynch v. Household Finance Corp., 405 U.S. 538 (1972).

Constitutional Law - The Speech Or Debate Clause And Immunity For Congressional Aides, Louis Leo Brunetti

Duquesne Law Review

The United States Supreme Court has held that the speech or debate clause applies to congressional aides, insofar as the aides conduct would be a protected legislative act if performed by the Member himself; but it does not extend immunity to the Member's aide when testifying before a grand jury about acts done by the Member or himself, if such inquiry does not impinge upon the legislative process, and proves relevant to investigating possible third party crimes.

Gravel v. United States, 408 U.S. 606 (1972).

Constitutional Law - Due Process - Parolee's Right Under The Due Process Clause Of The Fourteenth Amendment To An Opportunity To Be Heard Prior To Revoking His Parole, Vincent M. Dadamo

Duquesne Law Review

The United States Supreme Court has held that a parolee's liberty involves significant values within the protection of the due process clause of the fourteenth amendment, and termination of that liberty requires an informal hearing to give assurance that the finding of a parole violation is based on verified facts to support the revocation.

Morrissey v. Brewer, 408 U.S. 471 (1972).

Local Regulation Of Air Pollution: The Allegheny County Experience, Joy Flowers Conti, Janice I. Gambino

Duquesne Law Review

No abstract provided.

Constitutional Law - Fifth Amendment - Compelled Testimony - Use And Derivative Use Immunity, Howard B. Zavodnick

Duquesne Law Review

The United States Supreme Court has held that use and derivative use immunity is coextensive with the privilege against self-incrimination and is therefore sufficient to compel testimony over a claim of the privilege.

Kastigar v. United States, 406 U.S. 441, rehearing denied, 408 U.S. 931 (1972).

Constitutional Law - Due Process And Equal Protection - Commitment Of Incompetent Defendant, Paul M. Puskar

Duquesne Law Review

The Supreme Court of the United States has held that Indiana's commitment of an incompetent defendant solely on the basis of his incapacity to stand trial violated the defendant's rights of equal protection and due process.

Jackson v. Indiana, 406 U.S. 715 (1972).

Criminal Law - Evidence - Competency Of Minor Witness - Obligation Of Oath, Stephen Levin

Duquesne Law Review

The Pennsylvania Superior Court has held that in the absence of an understanding and comprehension of an oath, and the Divine punishment it implies, minor witnesses are incompetent to testify.

Commonwealth v. Rimmel, 221 Pa. Super. 84, 289 A.2d 116 (1972).

Torts - Rights Of The Husband And Wife To Sue Each Other For Negligence Of The Other - Doctrine Of Interspousal Immunity, Orlando R. Sodini

Duquesne Law Review

The Indiana Supreme Court has held that the common law doctrine of interspousal immunity in tort actions is abrogated.

Brooks v. Robinson, 284 N.E.2d 794 (Ind. 1972).

Products Liability - Strict Liability In Tort - Section 402a Of The Restatement (Second) Of Torts - Plaintiff's Burden Of Proof, Donald H. Presutti

Duquesne Law Review

The California Supreme Court has held that a plaintiff, seeking to impose strict tort liability on a manufacturer or seller of an injury causing defective product, does not have the burden of proving that the defect made the product unreasonably dangerous, as required by Section 402A of the Restatement (Second) of Torts.

Cronin v. J.B.E. Olson Corp., 8 Cal. 3d 121, 501 P.2d 1153, 104 Cal. Rptr. 433 (1972).