Law Commons^™

Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz

Ledewitz Papers

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

Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz

Ledewitz Papers

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

Title Page - Volume 28 (1989-1990)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 28, Number 2, Winter 1990

Duquesne Law Review

No abstract provided.

The Nuclear Regulatory Commission And Foreign Ownership Of Commercial Nuclear Power Plants In The United States, Katherine J. Palmer

Duquesne Law Review

No abstract provided.

Webster And The Future Of Substantive Due Process, James Bopp Jr., Richard E. Coleson

Duquesne Law Review

In Webster v. Reproductive Health Services, the United States Supreme Court indicated that Roe v. Wade (the case that found a federal constitutional right to abortion) is without majority support on the Court. Roe is de facto overruled. However, the rejection of Roe does not mean a rejection of substantive due process analysis or the right of privacy, which have been approved by all members of the current Court. But substantive due process analysis has been significantly refined. The analysis has been made more objective in two ways. First, the Court now relies primarily on the test for fundamentality …

Joint Tortfeasor Releases In Pennsylvania: Who Benefits From The Plaintiff's Bargain Anyway?, Kenneth J. Cammarato

Duquesne Law Review

No abstract provided.

Environmental Law - Standing, Carla J. Vrsansky

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania Game Commission has standing to raise violations of the Dam Safety and Encroachments Act in order to challenge the issuance of a solid waste permit granted to a landfill operator who wishes to construct a landfill adjacent to wetlands maintained as a waterfowl refuge.

Pennsylvania Game Commission v. Pennsylvania Department of Environmental Resources, Ganzer Sand & Gravel, Inc. and Hammermill Paper Company, ___ Pa. ___ , 555 A.2d 812 (1989).

Going To The Limits Of Due Process: Myth, Mystery And Meaning, David S. Welkowitz

Duquesne Law Review

All states have long-arm statutes permitting the exercise of jurisdiction over non-resident defendants. Although the statutes vary in their operative language, most have been interpreted by the courts to "go to the limits of due process." However, examination of the decisions demonstrates that many such statutes actually do not permit jurisdiction in circumstances where due process would appear to allow it. This problem has important implications for federal courts using state long-arm statutes, as well as for the state courts.

Constitutional Law - Fourth Amendment - Right Of Privacy - Warrantless Aerial Search, Sharon Flanery

Duquesne Law Review

The United States Supreme Court has held that a warrantless aerial search from an altitude of 400 feet of an individual's curtilage does not violate the Fourth Amendment- right of privacy guarantee.

Florida v. Riley,/em>, ___ U.S. ___, 109 S. Ct. 693 (1989).

Search And Seizure - Searching Personal Effects Of A Visitor To The Premises Where A Valid Search Warrant Is Being Executed, Frank H. Bole

Duquesne Law Review

The Pennsylvania Supreme Court has held that police may search the personal effects of a visitor (not on the person) to the premises pursuant to a valid search warrant to search the premises if the personal effects were a part of the general content of the room and a plausible repository for the object of the search.

Commonwealth v. Reese, 520 Pa. 29, 549 A.2d 909 (1988).

Table Of Contents, Volume 28, Number 3, Spring 1990

Duquesne Law Review

No abstract provided.

Title Page - Volume 28 (1989-1990)

Duquesne Law Review

No abstract provided.

Beyond The "Plastic Reindeer Rule": The Curious Case Of County Of Allegheny V. American Civil Liberties Union, George M. Janocsko

Duquesne Law Review

The United States Supreme Court has long wrestled with the task of giving meaning to the Establishment Clause of the First Amendment of the Constitution in modern American Society. Despite over forty years of labor, the Supreme Court's efforts to fashion a clear, predictable and consistent framework for drawing the line between government and religion have been largely unsatisfying. One particularly problematic area of Establishment Clause jurisprudence has involved the display of religious symbols under public auspices. The problems in this area have been caused by the uncertainty and confusion generated by the Supreme Court's prior decisions addressing the issue …

The Taxation Of Notional Principal Ontracts After Notice 89-21: A Clear Reflection Of Income Or An Abuse Of The Commissioner's Discretion?, Albert J. Vernacchio

Duquesne Law Review

No abstract provided.

Community Effects As A Factor In Corporate Decisions Under Pennsylvania's New Business Corporation Law: Objective Evidence Of A Subjective Process, David W. Thomas

Duquesne Law Review

No abstract provided.

The American Administrative State: The New Leviathan, A. M. Gulas

Duquesne Law Review

The administrative agencies in the United States have been a part of both state and federal government for more than half a century in some instances, yet some commentators still look upon their powers with trepidation and consider the amount of power granted to the agencies as amounting to a crisis. When viewed as a part of the government and seen as being responsible to the three more traditional branches, i.e., legislative, executive and judicial, the agencies lose their frightening appearance and become recognizable as a legitimate mode of providing for the general good.

Lender Liability Under Pennsylvania Environmental Law, Joel R. Burcat, Linda J. Shorey

Duquesne Law Review

This article examines the potential exposure of creditors to liability under Pennsylvania environmental laws. The theory of environmental liability of creditors first made an appearance in the caselaw resulting from litigation instituted pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9601-9675, enacted in 1980 by the United States Congress. CERCLA was designed to place the cost of cleaning up hazardous waste sites on those responsible for the waste. Congress, in an attempt to protect secured creditors from liability under CERCLA, included a "security interest exemption." The presence of this exemption suggested that secured creditors …

The Individual Worker And Drug Testing: Tort Actions For Defamation, Emotional Distress And Invasion Of Privacy, Charles J. Dangelo

Duquesne Law Review

No abstract provided.

Antitrust Liability In The Context Of Medical Peer Review: The Implications Of Patrick V. Burget And The Health Care Quality Improvement Act Of 1986, Jennifer L. Otto

Duquesne Law Review

No abstract provided.

Indian Child Welfare Act - Adoptions - Domicile Defined, Jeffrey Murray

Duquesne Law Review

The United States Supreme Court has held that in child custody cases involving Indian children whose parents are domiciled on the reservation, the tribal court will have exclusive jurisdiction over the proceedings pursuant to section 1911(a) of the ICWA, despite the fact that the children were born off the reservation, voluntarily given up for adoption by both parents, and under state law the children's domicile was that of their adopted parents giving the state courts jurisdiction over the adoption proceedings.

Mississippi Band of Choctaw Indians v. Holyfield, __ U.S. ___, 109 S. Ct. 1597 (1989).

Roanoke Or Rockford: Two Divergent Approaches To Antitrust Enforcement For Not-For-Profit Hospital Mergers, Michele N. Mckenney

Duquesne Law Review

No abstract provided.

The Compulsory Process Clause And The "Sporting Theory Of Justice": The Supreme Court Evens The Score, Alfredo Garcia

Duquesne Law Review

This article explores the implications of the United States Supreme Court's decision in Taylor v. Illinois within the context of Roscoe Pound's "sporting theory" of justice. The author contends that the Court elevated procedure over substantive justice in Taylor by excluding the exculpatory, material, and relevant testimony of a defense witness as a sanction for the violation of a discovery rule. A major premise of the article is that the Court relied on integrity and reliability as justifications for upholding the exclusion of testimony though it has discarded the integrity rationale of the exclusionary rule and has devalued reliability as …

Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz

Ledewitz Papers

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

The Reform Of Federal Habeas Corpus In Capital Cases, Jerome J. Kaharick

Duquesne Law Review

No abstract provided.

Nonprofit Hospitals: Should They Continue To Receive A Charitable Organization Tax Exemption Under Pennsylvania Law?, Robert J. Hannen

Duquesne Law Review

No abstract provided.

Constitutional Law - Fourteenth Amendment - State Action - Substantive Due Process, Jerome Kaharick

Duquesne Law Review

The United States Supreme Court has held that the failure of a state operated child protection agency to provide adequate protection to a child from his parent's violence does not violate that child's rights under the substantive component of the Due Process Clause.

Deshaney v. Winnebago County Dept. of Social Servs., 489 U.S. ___, 109 S. Ct. 998 (1989).

Title Page - Volume 28 (1989-1990)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 28, Number 4, Summer 1990

Duquesne Law Review

No abstract provided.

Lawyering As A Way Of Life [Reflections], William F. Fischer

Duquesne Law Review

No abstract provided.