Law Commons^™

Challenge To The First Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Debate Over Bork Nomination Misses The Point, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Political Offense Exception As Applicable To Terrorists: Judicial Interpretation And Legislative Reform, William G. Young, Frederick M. Erny

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 26, Number 1, Fall 1987

Duquesne Law Review

No abstract provided.

Title Page - Volume 26 (1987-1988)

Duquesne Law Review

No abstract provided.

The Constitution's Second Century - The Shift In Emphasis From Property Rights To Personal Rights, Joseph F. Weis Jr.

Duquesne Law Review

We celebrate the two hundredth anniversary of the Constitution this year confident that it will survive for at least another hundred years. As is true of many things American, the observance of the occasion has devoted more than enough attention to the historic days of 1787 when the document was drafted. The Constitution of today, in reality, consists not only of the original text but of significant court decisions over the years. To gain some understanding of what is meant by constitutional rights today requires a review of some of the important cases. The focus here is on the shift …

Applying Scriptural Exegesis To The Interpretation Of Article Iii Of The Constitution, Maria L. Ciampi

Duquesne Law Review

The community of constitutional scholars is sharply divided over the meaning of many of the Constitution's provisions and over the appropriate methodology of interpreting the constitutional text. A major controversy exists over whether the framers of the Constitution intended the judiciary to have the power of judicial review and, if so, whether the power was to be broadly or narrowly construed. One approach which may lead to a clearer understanding of the framers' intent in this regard is "redaction criticism" which employs principles of literary analysis developed by spiritual exegetes. Under this analysis, the authors' intent may be discovered through …

The Best Interests Of The Child - Custody And Visitation In Pennsylvania

Duquesne Law Review

No abstract provided.

Antitrust - Clayton Act - Monopolies, Anthony Tedesco

Duquesne Law Review

The United States Supreme Court has held that in order to seek injunctive relief under the Clayton Act a private plaintiff must allege threatened loss or damage of the type antitrust laws were designed to prevent; loss of profits that plaintiff would sustain due to possible price competition following merger was not antitrust injury necessary to enjoin merger under Clayton Act.

Cargill, Inc. v. Monfort of Colorado, Inc., 107 S.Ct. 484 (1986).

Civil Rights - Attorney's Fee Award, Karen M. Sirianni

Duquesne Law Review

42 U.S.C. § 1988-The United States Supreme Court has held that an award of attorney's fees under 42 U.S.C. § 1988 is not required to be proportionate to the damages awarded a Civil Rights plaintiff, thus allowing a fee award seven times the amount of compensatory and punitive damages.

City of Riverside v. Rivera, 106 S. Ct. 2686 (1986)

"Does The Allocation Of Power Between The Federal And State Governments And Among The Branches Of The Federal Government Contribute To The Preservation Of Individual Liberty And The Functioning Of Our Government?" [Essay], A. M. Gulas

Duquesne Law Review

An Essay in response to the Question: "Does the allocation of power between the federal and state governments and among the branches of the federal government contribute to the preservation of individual liberty and the functioning of our government?"

Constitutional Law - First Amendment - Municipal Zoning - Pornography, Joseph R. Schaper

Duquesne Law Review

The Supreme Court has held that a municipal zoning ordinance prohibiting adult motion picture theatres from locating within 1,000 feet of any residential zone single-or multiple- family dwelling, church, park, or school, does not violate the first amendment.

City of Renton v. Playtime Theatres, Inc., ___ U.S. ___, 106 S. Ct. 925 (1986).

A Proposition With A Powerful Punch: The Legality And Constitutionality Of Ncaa Proposition 48, Kevin M. Mckenna

Duquesne Law Review

In January, 1983, the Division I schools of the NCAA promulgated Proposition 48, NCAA 5-1-G), to be effective August 1, 1986. The extent of Proposition 48 was two-fold. Beginning in the fall of 1986, student-athletes were expected to be able to demonstrate basic minimum academic competencies as evidenced first by satisfactory completion of a very modest and yet well-balanced high school corecurriculum and, secondly, by reasonable, minimum performance standards in essential verbal and mathematics skills on nationally administered examinations. The record of the 1983 National Collegiate Athletic Association Convention concerning the debate over the proposed adoption of Proposition 48 reveals …

Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Title Page - Volume 25 (1986-1987)

Duquesne Law Review

No abstract provided.

The Concept Of Brain Life: Shifting The Abortion Standard Without Imposing Religious Values, Joel R. Cornwell

Duquesne Law Review

No abstract provided.

Table Of Cases - Volume 25, 1986-1987

Duquesne Law Review

No abstract provided.

Cases Noted - Volume 25, 1986-1987

Duquesne Law Review

No abstract provided.

Evidence - Prior Inconsistent Statement Of A Non-Party Witness, Joanna K. Budde

Duquesne Law Review

The Supreme Court of Pennsylvania has rejected the long established, orthodox rule and embraced the modern rule which allows, as substantive evidence, the prior inconsistent statements of a non-party witness available for crossexamination.

Commonwealth v. Brady, 510 Pa. 123, 507 A.2d 66 (1986).

When To Apply The Doctrine Of Failure Of Essential Purpose To An Exclusion Of Consequential Damages: An Objective Approach, Howard Foss

Duquesne Law Review

Under the Uniform Commercial Code the parties may agree upon a limited remedy in lieu of the normal Code remedies. If such a limited remedy is found to fail of its essential purpose, the Code provides that the limited remedy is stricken from the contract and the normal Code remedies are restored. An unanswered question is whether, when the limited remedy is so stricken, a contractual exclusion of consequential damages is thereby also stricken. The author reports the various approaches taken by the courts and suggests an objective approach, based on factual circumstances, to resolve the fate of an exclusion …

Title Page - Volume 25 (1986-1987)

Duquesne Law Review

No abstract provided.

Table Of Contents - Volume 25, Number 2, Winter 1987

Duquesne Law Review

No abstract provided.

An Examination Of Discrimination Under The Pennsylvania Civil Service Act, Debra Punsky Rand

Duquesne Law Review

This article, which is written for the general practitioner, examines the 1963 amendment to the Civil Service Act, which amendment prohibits discrimination. The amendment is analyzed in detail and the advantages and disadvantages of construing it broadly are considered. Traditional forms of discrimination are reviewed, but in addition, certain non-traditional forms of discrimination which have evolved in civil service law because of employees' restricted appeal rights are also discussed. The article also examines constitutional questions which have arisen under the amendment, and other forums in which aggrieved individuals may litigate their claims.

The Legal Environment Of The Accounting Profession, Christine Neylon O'Brien

Duquesne Law Review

This article reviews the common law liability of accountants and the regulation of the accounting profession by the Securities and Exchange Commission pursuant to Rule 2 (e) of the SEC Rules of Practice. It also surveys problems posed by the Foreign Corrupt Practices Act and the danger of criminal liability for accountants

Local Opposition To Hazardous Waste Facilities In Pennsylvania, Kevin J. Garber

Duquesne Law Review

No abstract provided.

Regulation Of The Export Of Pharmaceuticals To Developing Countries, Nancy E. Pirt

Duquesne Law Review

The advent of modern pharmaceuticals has markedly improved the public health in developed countries, yet in the developing world, disease is pandemic. In this article, the author outlines the difficulties inherent in regulating the export and production of drugs for less developed countries. The author first traces the history of anglo-american drug legislation as a prelude to discussion of the characteristics of the pharmaceutical industry. Next, the author sets forth the major problems as seen by the developing world regarding pharmaceutical imports. Lastly, the author offers proposals for ameliorative regulations in this area.

Due Process: Constitutional Guarantee, Not Legislative Grace, A. M. Gulas

Duquesne Law Review

A state statute which creates a property interest in public employment by providing that discharge shall only be for cause entitles the employee to a pretermination hearing; and such property interest is not conditioned by the procedures outlined by the statute for its termination.

Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985).

Intestacy - Inheritance Laws - Non-Marital Children - Fourteenth Amendment Equal Protection, Sarah Jane Anderson

Duquesne Law Review

The United States Supreme Court, after examining a section of the Texas Probate Code which allowed a non-marital child to inherit from his or her mother but denied similar inheritance from the natural father, found it to be discriminatory against the non-marital child.

Reed v. Campbell, No. 85-755, slip op. (U.S. June 11, 1986).