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Table Of Cases - Volume 7 (1968-1969)

Duquesne Law Review

No abstract provided.

Book Commentaries - Authors/Book Commentaries - Titles - Volume 7 (1968-1969)

Duquesne Law Review

No abstract provided.

Book Reviews - Reviewers - Volume 7 (1968-1969)

Duquesne Law Review

No abstract provided.

Cases Noted - Volume 7 (1968-1969)

Duquesne Law Review

No abstract provided.

Recent Decisions - Titles - Volume 7 (1968-1969)

Duquesne Law Review

No abstract provided.

Admiralty Tort Jurisdiction - The Last Barrier, Alfred S. Pelaez

Duquesne Law Review

The many advantages the admiralty gives to an injured plaintiff, particularly if he can be brought within the scope of those remedies traditionally reserved to seamen, has long been the envy of lawyers whose shore-bound client's causes are often subjected to a confusing and conflicting array of local laws and procedures. A plaintiff within the admiralty jurisdiction can, for instance, properly commence his action in any district wherein he can obtain service of process upon the defendant or upon the res against which his maritime lien attaches, and need not worry about such nebulous concepts as "doing business." Furthermore, he …

The Second Justice Marshall, Ronald R. Davenport

Duquesne Law Review

From 1801 until 1835 the first Justice Marshall served a distinguished tenure as Chief Justice of the United States Supreme Court. Legal scholars, political scientists, historians and even high school civics teachers recognize his tremendous contribution to the development of American Government and to the definition of the relationship between the Court, the Executive, and the Legislative branches' of government. No one man has done more to establish the Court as an institution or to provide the foundation of American Constitutional law. Since the first Justice Marshall's tenure there have been great Justices: Black; Frankfurter; Brandeis; Hughes; Harlan; Holmes; Cardozo; …

Fraud On The Patent Office: A Source Of Antitrust Litigation, Dennis P. Mankin

Duquesne Law Review

Recent decisions of the Supreme Court of the United States in Walker Process Equipment, Inc. v. Food Machinery and Chemical Corp., and the Court of Appeals for the Sixth Circuit in American Cyanamid Co. v. Federal Trade Commission, holding that fraud on the Patent Office may give rise to a hazard of liability under Section 2 of the Sherman Act and Section 5 of the Federal Trade Commission Act, raise several questions. It is the function of this paper to inquire into Patent Office procedure as it relates to possibilities for fraudulent conduct, and then to consider the …

Prepayment Health Care Plan Enabling Acts - Are Their Restrictive Features Constitutional?, John M. Campfield

Duquesne Law Review

Illness is something which afflicts the rich as well as the poor, the affluent as well as the downtrodden. It does not choose its host according to social position, educational background, or economic status. In this century the medical sciences and the medical professions have minimized the hazards of illness. Yet the costs of preventing or curing illness, and the financial burden placed upon the victim, persists and grows.

Civil Procedure - Long-Arm Statute - Broad Interpretation, John Tumolo

Duquesne Law Review

The Pennsylvania Supreme Court interpreted the scope of Section 331, which provides for service against non-resident owners of real estate, and concluded the word "involved" as used in the statute does not require a causal connection between the accident or injury and the real estate, but only the occurrence of the accident or injury on the real estate.

Betcher v. Hay-Roe, 429 Pa. 371, 240 A.2d 501 (1968).

Criminal Law - Searches And Seizures, Donetta Wypiski

Duquesne Law Review

The Supreme Court of the United States held that a policeman is justified in making a search for weapons in the outer clothing of one who he reasonably suspects is armed and dangerous, even though the policeman has no probable cause to arrest the man he is detaining.

Terry v. State of Ohio, 88 S. Ct. 1868 (1968).

Domestic Relations - Heterologous Artificial Insemination, Edward C. Land Jr.

Duquesne Law Review

Husband consenting to the insemination of his wife is criminally liable for support of child; for purposes of Penal Code, defendant is lawful father of child so conceived.

The People v. Sorensen, 66 Cal. Rptr. 7, 437 P.2d 495 (1968).

The Postulate Of Methodological Purity In Hans Kelsen's Pure Theory Of Law, Ilmar Tammelo

Duquesne Law Review

Hans Kelsen's famous book, Reine Rechtslehre, originally published in 1934 and completely revised and considerably expanded in 1960, has now become available in English. The translation by Max Knight of its second edition has been "carefully checked by the author" and can therefore be considered as fully authentic. Regrettably it does not contain the prefaces to the first and the second editions of the book and also lacks the valuable addendum to the latter entitled "Das Problem der Gerechtigkeit" ("The Problem of Justice"), which are highly informative about the author's enterprise and illuminating as providing thoughts complementary to the main …

Book Reviews, T. W. Pomeroy Jr., Richard P. Conaboy, Robert T. Basseches

Duquesne Law Review

TRIALS OF A PHILADELPHIA LAWYER. By Laurence H.Eldredge.

MELVILLE WESTON FULLER, CHIEF JUSTICE OF THE UNITEDSTATES 1888-1910. By Willard L. King.

ROOSEVELT & FRANKFURTER: THEIR CORRESPONDENCE,1928-1945. Annotated by Max Freedman.

Books Received

Duquesne Law Review

No abstract provided.

Title Page - Volume 7 (1968-1969)

Duquesne Law Review

No abstract provided.

Nlrb's Totality Of Conduct Theory In Representation Elections And Problems Involved In Its Application, John J. Cuneo

Duquesne Law Review

At the heart of every representation election campaign lie the communications made by either side to the electorate-the stream of handbills, speeches, conversations and letters that seek to influence the final decision of the voters. It is through these partisan messages that employees obtain the bulk of information from which they must make a reasoned choice in accepting or rejecting unionization. On the one hand, limits have been imposed to restrict the content of what may be said by either party, while on the other, rules have been laid down to guarantee both employers and unions a reasonable opportunity to …

Those Still Elusive Neutral Principles - A Further Groping, Elliott M. Abramson

Duquesne Law Review

No abstract provided.

An Ode To Rejection, Aaron D. Twerski

Duquesne Law Review

In January, 1968, the United States Supreme Court denied certiorari in the case of Avins v. Rutgers, State of New Jersey.The case raised a most novel and engaging issue. Plaintiff, a distinguished professor of law at Memphis State University, had written an article which reviewed the legislative history of the Civil Rights Act of 1875 as it pertained to school desegregation. He concluded that in light of the Congressional debates surrounding that Act the Supreme Court had erred in Brown v. Board of Education in its holding that the Fourteenth Amendment required desegregation of the schools and that separate …

Conflicting Custody Decrees: In Whose Best Interest?, Jay Paul Kahle

Duquesne Law Review

Contemporary legal thought has thus far grappeled unsuccessfully with the problems presented by foreign child custody decrees. Ease of mobility and the transient nature of today's society have compounded the difficulties which arise from conflicts between states attempting to apply their laws to best serve the needs of their citizens. The Full Faith and Credit Clause providing for recognition of foreign judgments has not been considered applicable to amendable decrees, thus resulting in further confusion. The question of what constitutes proper jurisdiction to decide custody cases cannot be answered uniformly in all states. While certainly the high interest which each …

Contracts - Warranties - Vertical Privity, Stephen G. Walker

Duquesne Law Review

The Supreme Court of Pennsylvania has held that privity is no longer required in assumpsit suits by purchasers against remote manufacturers for breach of implied warranty.

Kassab v. Central Soya, 432 Pa. 217, 246 A.2d 848 (1968).

Criminal Law - Arrests - Use Of Deadly Force, David J. Brightbill

Duquesne Law Review

The Pennsylvania Supreme Court established a rule that a private person may use deadly force to effectuate an arrest only when certain enumerated felonies have been committed, and approved the rule that an arresting party will always be criminally responsible if deadly force is used against anyone but an escaping felon.

Commonwealth v. Chermansky, 430 Pa. 170, 242 A.2d 237 (1968).

Physicians & Surgeons - Malpractice - Standard Of Care, David L. Gilmore

Duquesne Law Review

The Supreme Judicial Court of Massachusetts has held that the "locality rule" in regard to the standard of care of physicians and surgeons is no longer applicable.

Brune v. Belinkoff, ___ Mass. ___, 235 N.E.2d 793 (1968).

Taxation - Right To Counsel, Gerard M. Bigley

Duquesne Law Review

Miranda-type warnings are not required in relation to noncustodial questioning during initial stages of a tax inquiry.

United States v. Squeri, 398 F.2d 785 (2d Cir. 1968).

Contracts - Reservation Of Power To Terminate Existing Contract, Charles J. Romito

Duquesne Law Review

The Pennsylvania Superior Court has held that a clause requiring written notice of termination within sixty days is satisfied by notice received two days beyond termination date.

Music, Inc. v. Henry B. Klein Co., 213 Pa. Super. 182, 245 A.2d 650 (1968).

Torts - Negligence - Liability Of An Occupier, A. Kathleen Kelly

Duquesne Law Review

The California Supreme Court has stated that the proper test to be applied to the liability of a possessor of land is whether in management of his property he acted as a reasonable man in view of the probability of injuries to others, and plaintiff's status as a trespasser, licensee, or invitee is not determinative.

Rowland v. Christian, 70 Cal. Rptr. 97, 443 P.2d 561 (1968).

Conflict Of Laws - Death In State Territorial Waters, Alfred Jones Jr.

Duquesne Law Review

The United States Court of Appeals for the Third Circuit held that Pennsylvania law governs an action commenced by the administrator of the estate of a Pennsylvania decedent killed in the crash of an aircraft into the harbor waters of Boston.

Scott v. Eastern Air Lines, Inc., 399 F.2d 14 (3d Cir. 1968), cert. denied, 37 U.S.L.W. 3208 (U.S. Dec. 9, 1968).

Book Reviews, Henry J. Friendly, David W. Craig, Maurice B. Cohill Jr., John P. Hester, Silvestri Silvestri

Duquesne Law Review

ANATOMY OF THE LAW. By Lon L. Fuller, RIOTS, REVOLTS AND INSURRECTIONS. By Raymond M. Momboisse.

CASES AND MATERIALS RELATING TO JUVENILE COURTS. By Orman W. Ketcham and Monrad G. Paulsen.

TEACHERS, SCHOOL BOARDS, AND COLLECTIVE BARGAINING: A CHANGING OF THE GUARD. By Robert E. Doherty and Walter E. Oberer.

DOLLARS, DELAY AND THE AUTOMOBILE VICTIM. Sponsored by the Walter E. Meyer Research Institute of Law.

Book Reviews - Titles - Volume 7 (1968-1969)

Duquesne Law Review

No abstract provided.

Commentaries - Titles/Comments - Titles - Volume 7 (1968-1969)

Duquesne Law Review

No abstract provided.