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Full-Text Articles in Law
Introductory Note, Mary Jo Howard Dively
The Growth Of Prison Privatization And The Threat Posed By 42 U.S.C. § 1983, David J. Delfiandra
The Growth Of Prison Privatization And The Threat Posed By 42 U.S.C. § 1983, David J. Delfiandra
Duquesne Law Review
No abstract provided.
Receipt Of A Complaint, Prior To Or Unattended By Formal Service Of Process, Does Not Trigger A Defendant's Thirty-Day Period To Remove A Case: Murphy Brothers, Inc. V. Michetti Pipe Stringing, Inc., D. Troy Blair
Duquesne Law Review
The Supreme Court of the United States held that a named defendant's time to remove an action from state court to federal court, under 28 U.S.C. § 1446(b), is triggered by either simultaneous service of summons and complaint, or receipt of the complaint, through service or otherwise, after and apart from service of the summons, but not by mere receipt of the complaint unattended by any formal service of process.
Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc., 119 S. Ct. 1322 (1999).
Title Page - Volume 38 (1999-2000)
The Standard Pollution Exclusion Clause In Commercial General Liability Insurance Policies Bars Coverage For Personal Injuries Resulting From On-Site Exposure To Pollutants Discharged Within A Construction Envelope: Madison Construction Co. V. Harleysville Mutual Insurance Co., Bryan C. Devine
Duquesne Law Review
The Pennsylvania Supreme Court held that the standard pollution exclusion clause in commercial general liability policies, which bars coverage for the discharge of pollutants, is clear and unambiguous on its face, thereby requiring application of the clause's plain and ordinary meaning to bar coverage for personal injuries caused by exposure to fumes discharged by a useful product within a construction envelope.
Madison Construction Co. v. Harleysville Mutual Insurance Co., 735 A.2d 100 (Pa. 1999).
Plaintiffs Need Not Show Egregious Conduct To Seek Punitive Damages Under Title Vii Of The Civil Rights Act Of 1991: Kolstad V. American Dental Association, Laura A. Maines
Duquesne Law Review
No abstract provided.
Pennsylvania Medical Informed Consent Law: A Call To Protect Patient Autonomy Rights By Abandoning The Battery Approach, Bryan J. Warren
Pennsylvania Medical Informed Consent Law: A Call To Protect Patient Autonomy Rights By Abandoning The Battery Approach, Bryan J. Warren
Duquesne Law Review
No abstract provided.
Cases Noted - Volume 38 (1999-2000)
The Fifteenth Amendment's Prohibition Against State Suffrage Restrictions Based Upon Race Encompasses Ancestral Restrictions That Are Used As Substitutes For Race: Rice V. Cayetano, Tina L. Corcoran
Duquesne Law Review
The Supreme Court of the United States held that State voter eligibility statutes that limit suffrage to only those persons meeting a statutorily defined ancestry are prohibited by the Fifteenth Amendment when the legislative purpose behind the ancestral definition is to treat those defined persons as a distinct people so that ancestry becomes a proxy for race.
Rice v. Cayetano, 120 S. Ct. 1044 (2000).
The Approaching Death Of The Collective Right Theory Of The Second Amendment, Roger I. Roots
The Approaching Death Of The Collective Right Theory Of The Second Amendment, Roger I. Roots
Duquesne Law Review
The notion that the Second Amendment right to bear arms is a collective rather than an individual right has persisted even though it has been buried by scholarly criticism. The author predicts that the collective right theory will finally collapse under the pressure of this scholarly criticism and the historical evidence that such a theory was not contemplated by the Founders when the Constitution and the Bill of Rights were created. According to the author, the federal district court decision in United States v. Emerson may be the impetus for this impending demise.
A Federal Age Discrimination Remedy Violates State Eleventh Amendment Immunity: Kimel V. Florida Board Of Regents, Gregory T. Neugebauer
A Federal Age Discrimination Remedy Violates State Eleventh Amendment Immunity: Kimel V. Florida Board Of Regents, Gregory T. Neugebauer
Duquesne Law Review
The United States Supreme Court held that despite the unmistakably clear intent of Congress to abrogate the states' Eleventh Amendment immunity from private lawsuits, the Age Discrimination in Employment Act's purported abrogation is invalid as it is not an appropriate exercise of the Fourteenth Amendment enforcement power of Congress.
Kimel v. Florida Board of Regents, 120 S. Ct. 631 (2000).
Uniform Rules For Internet Information Transactions: An Overview Of Proposed Ucita, Carlyle C. Ring Jr.
Uniform Rules For Internet Information Transactions: An Overview Of Proposed Ucita, Carlyle C. Ring Jr.
Duquesne Law Review
No abstract provided.
Why Article 2 Cannot Apply To Software Transactions, Lorin Brennan
Why Article 2 Cannot Apply To Software Transactions, Lorin Brennan
Duquesne Law Review
No abstract provided.
A Social Security Claimant's Statement That She Is Disabled And Unable To Work Does Not Necessarily Preclude A Subsequent Ada Wrongful Termination Claim: Cleveland V. Policy Management Systems Corporation, Jane M. Keenan
Duquesne Law Review
The Supreme Court of the United States held that the application for or receipt of social security disability benefits does not automatically estop a plaintiff from maintaining an ADA claim and that no rebuttable presumption arises when the two claims coincide; however, such a plaintiff must be prepared to sufficiently explain any apparent contradiction between (1) statements of total disability and inability to work made for the purpose of obtaining disability benefits and (2) a claim that the plaintiff is able to work but has been wrongfully terminated under the ADA.
Cleveland v. Policy Management Systems Corporation, 119 S. …
Pennsylvania's Whistleblower Law's Extension To Private Sector Employees: Has The Time Finally Come To Broaden Statutory Protection For All At-Will Employees?, Kurt H. Decker
Duquesne Law Review
No abstract provided.
Recent Developments In Pennsylvania Employment Law, James F. Glunt, Jill L. Locnikar
Recent Developments In Pennsylvania Employment Law, James F. Glunt, Jill L. Locnikar
Duquesne Law Review
No abstract provided.
Comments - By Title - Volume 38 (1999-2000)
Title Page - Volume 39 (2000-2001)
Table Of Contents, Volume 39, Number 1, Fall 2000
Table Of Contents, Volume 39, Number 1, Fall 2000
Duquesne Law Review
No abstract provided.
Blending The Law Of Sales With The Common Law Of Third Party Beneficiaries, Gary L. Monserud
Blending The Law Of Sales With The Common Law Of Third Party Beneficiaries, Gary L. Monserud
Duquesne Law Review
In the majority of jurisdictions that have adopted Uniform Commercial Code section 2-318, certain plaintiffs are precluded from recovering for economic loss that is not related to personal injury. The author submits, after reviewing the common law of third party beneficiaries, that section 2-318 should be blended with third party beneficiary law. Consequently, according to the author, non-privity plaintiffs that suffer economic losses should be able to recover on the basis of those economic losses under certain circumstances.
Articles - By Title - Volume 38 (1999-2000)
Recent Decisions - By Title - Volume 38 (1999-2000)
Recent Decisions - By Title - Volume 38 (1999-2000)
Duquesne Law Review
No abstract provided.
Title Page - Volume 38 (1999-2000)
Table Of Contents, Volume 38, Number 2, Winter 2000
Table Of Contents, Volume 38, Number 2, Winter 2000
Duquesne Law Review
No abstract provided.
The New Laws That Will Enable Electronic Contracting: A Survey Of The Electronic Contracting Rules In The Uniform Electronic Transactions Act And The Uniform Computer Information Transactions Act, Mary Jo Howard Dively
The New Laws That Will Enable Electronic Contracting: A Survey Of The Electronic Contracting Rules In The Uniform Electronic Transactions Act And The Uniform Computer Information Transactions Act, Mary Jo Howard Dively
Duquesne Law Review
No abstract provided.
Through The Looking Glass: What Courts And Ucita Say About The Scope Of Contract Law In The Information Age, Raymond T. Nimmer
Through The Looking Glass: What Courts And Ucita Say About The Scope Of Contract Law In The Information Age, Raymond T. Nimmer
Duquesne Law Review
No abstract provided.
Mass Market Transactions In The Uniform Computer Information Transactions Act, Holly K. Towle
Mass Market Transactions In The Uniform Computer Information Transactions Act, Holly K. Towle
Duquesne Law Review
No abstract provided.
School Violence: An Incurable Social Ill That Should Not Lead To The Unconstitutional Compromise Of Students' Rights, Timothy L. Jacobs
School Violence: An Incurable Social Ill That Should Not Lead To The Unconstitutional Compromise Of Students' Rights, Timothy L. Jacobs
Duquesne Law Review
No abstract provided.
Private Insurers Suspending Workers' Compensation Benefits Are Not State Actors And Employee's Medical Treatment Must Be Reasonable And Necessary Before Due Process Attaches: American Manufacturers Mutual Insurance Co. V. Sullivan, Mark A. Nuzzo
Duquesne Law Review
The United States Supreme Court held that private workers' compensation insurers are not converted to state actors merely because the business is subject to extensive state regulation, and due process procedures are not implicated until the employee's property interest attaches by proving the medical treatment was reasonable and necessary.
American Manufacturers Mutual Insurance Co. v. Sullivan, 119 S. Ct. 977 (1999).
Table Of Contents, Volume 38, Number 3, Spring 2000
Table Of Contents, Volume 38, Number 3, Spring 2000
Duquesne Law Review
No abstract provided.