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Full-Text Articles in Law
Unduly Influenced Trust Revocations, Mark R. Siegel
Unduly Influenced Trust Revocations, Mark R. Siegel
Duquesne Law Review
This article addresses both the will and the revocable trust as vehicles to accomplish gratuitous property dispositions, and analyzes the requisite mental capacity necessary to convey property during life and after death. This article focuses on undue influence in such situations, and the use of constructive trusts as remedial tools to rectify cases of undue influence. The author concludes by proposing that because of the existence of available and adequate probate and trust remedies, trust beneficiaries harmed as a result of undue influence should first resort to the equitable remedy of constructive trusts before being able to pursue a legal …
Title Page - Volume 40 (2001-2002)
Probability And Statistics In The Legal Curriculum: A Case Study In Disciplinary Aspects Of Interdisciplinary, Mike Townsend, Thomas Richardson
Probability And Statistics In The Legal Curriculum: A Case Study In Disciplinary Aspects Of Interdisciplinary, Mike Townsend, Thomas Richardson
Duquesne Law Review
This Article provides a general taxonomy for various types of educational interdisciplinarity. The discussion focuses, however, on what is called crossdisciplinary education, using a particular mathematics-based example to illustrate how crossdisciplinary education can be used to ask law students to (re)examine law as a discipline. The Article considers interdisciplinarity and the legal curriculum in the context of probability and statistics, using the well-known jury discrimination case of Castaneda v. Partida as a case study. The Article concludes with some brief observations on the importance of thinking about law as a discipline. This is the third installment of a work in …
Table Of Contents, Volume 40, Number 4, Summer 2002
Table Of Contents, Volume 40, Number 4, Summer 2002
Duquesne Law Review
No abstract provided.
Practice Makes Perfect: Experience-Related Information Should Fall Within The Purview Of Pennsylvania's Doctrine Of Informed Consent, Brad M. Rostolsky
Practice Makes Perfect: Experience-Related Information Should Fall Within The Purview Of Pennsylvania's Doctrine Of Informed Consent, Brad M. Rostolsky
Duquesne Law Review
No abstract provided.
Cooperation Between Law Enforcement And State Hospitals In Warrantless, Nonconsensual Drug Testing Of Maternity Patients Is Unconstitutional Under The Fourth Amendment: Ferguson V. City Of Charleston, Nicholas J. Zidik
Duquesne Law Review
The United States Supreme Court held that a state hospital's policy of drug testing maternity patients without their consent, in conjunction with law enforcement, constitutes an unreasonable search prohibited by the Fourth Amendment to the United States Constitution; the state's interest in deterring pregnant women from drug use does not justify variance from the general rule that official nonconsensual searches are unconstitutional if not executed according to and accompanied by a valid search warrant.
Ferguson v. City of Charleston, 532 U.S. 67 (2001)
California's Three Strikes Law: Symbol And Substance [Rebuttal], Edward J. Erler, Brian P. Janiskee
California's Three Strikes Law: Symbol And Substance [Rebuttal], Edward J. Erler, Brian P. Janiskee
Duquesne Law Review
No abstract provided.
Enron: The Final Straw & How To Build Pensions Of Brick, Sharon Reece
Enron: The Final Straw & How To Build Pensions Of Brick, Sharon Reece
Duquesne Law Review
The Author traces the collapse of Enron from a legal perspective, focusing on the ramifications the company's failure had on 401(k) pension accounts. The Article uses Enron and other case studies to conclude that new legislation is required to enable 401(k) pensioners to build a secure retirement and protect against external risk.
Table Of Contents, Volume 40, Number 2, Winer 2002
Table Of Contents, Volume 40, Number 2, Winer 2002
Duquesne Law Review
No abstract provided.
The Fate Of Mentally Retarded Criminals: An Examination Of The Propriety Of Their Execution Under The Eighth Amendment, Joseph A. Nese Jr.
The Fate Of Mentally Retarded Criminals: An Examination Of The Propriety Of Their Execution Under The Eighth Amendment, Joseph A. Nese Jr.
Duquesne Law Review
No abstract provided.
Facts, Fallacies, And California's Three Strikes [Rebuttal], Franklin E. Zimring, Sam Kamin
Facts, Fallacies, And California's Three Strikes [Rebuttal], Franklin E. Zimring, Sam Kamin
Duquesne Law Review
No abstract provided.
Title Page - Volume 40 (2001-2002)
Roman Law In American Law: Twentieth Century Cases Of The Supreme Court, Samuel J. Astorino
Roman Law In American Law: Twentieth Century Cases Of The Supreme Court, Samuel J. Astorino
Duquesne Law Review
One of the most enduring problems of the legal history of the West concerns the influence of Roman law on the development and nature of subsequent legal systems. This Article examines cases decided roughly in the twentieth century by the United States Supreme Court in order to evaluate the manner, and extent, that that tribunal used Roman law. Legal historians who have ably chronicled the patterns of American legal development have almost totally ignored the presence of Roman doctrines in the jurisprudence of the United States. This Article delves into Roman Law in twentieth century Supreme Court cases to illustrate …
The Era Of Globalisation As A Challenge To International Law, Stephan Hobe
The Era Of Globalisation As A Challenge To International Law, Stephan Hobe
Duquesne Law Review
The author explores the effects of globalization on international law. Considering the technological advancements of the 20th century propelling globalization, the Article first recounts the history of international law from independent nation-state sovereignty to an international law of cooperation. Next, the author discusses the roles that nongovernmental organizations and other non-state actors play in international law, and how sources of international law may result. Finally, the author concludes that international law must undergo fundamental changes to adapt to a new globalized international system.
Table Of Contents, Volume 41, Number 1, Fall 2002
Table Of Contents, Volume 41, Number 1, Fall 2002
Duquesne Law Review
No abstract provided.
An Employment Arbitration Agreement Does Not Bar The Equal Employment Opportunity Commission From Seeking Victim-Specific Relief In A Suit Alleging A Violation Of Title I Of The Americans With Disabilities Act: Equal Employment Opportunity Commission V. Waffle House, Inc., Janelle M. Fleming
Duquesne Law Review
The United States Supreme Court held that the existence of an arbitration agreement in an employment contract does not preclude the Equal Employment Opportunity Commission from seeking victim specific relief in a discrimination suit; The EEOC may seek victim specific relief when the alleged violation infringes on the employee's rights via Title I of the Americans with Disabilities Act. Equal Employment Opportunity
Commission v. Waffle House, Inc., 534 U.S. 279 (2002).
The American Inventors Protection Act: How Should The Courts Treat The "Substantially Identical" Requirement Of The New Provisional Rights Statute?, Kami Lammon-Hilinski
The American Inventors Protection Act: How Should The Courts Treat The "Substantially Identical" Requirement Of The New Provisional Rights Statute?, Kami Lammon-Hilinski
Duquesne Law Review
No abstract provided.
Articles - Authors - Volume 40 (2001-2002)
Comments - Titles - Volume 40 (2001-2002)
Inheritance Corpus Excluded From Child Support Obligations Under The Pennsylvania Support Guidelines' Definition Of Income: Humphreys V. Deross, Sarah Eckel
Duquesne Law Review
The Pennsylvania Supreme Court held that the corpus of an inheritance is excluded from child support calculations under the Support Guidelines definition of income. However, the court noted that the best interest analysis can allow for an upward deviation from the guideline amount when the fact finder determines that the inheritance is a factor which makes more income available for support.
Humphreys v. DeRoss, 790 A.2d 281 (Pa. 2002).
Frye Remains The Standard For Determining The Admissibility Of Expert Testimony In Pennsylvania Courts: Blum V. Merrell Dow Pharmaceuticals, Inc., Kristie Kline
Duquesne Law Review
The Pennsylvania Supreme Court held that expert testimony, in accordance with the Frye rule, must be generally accepted in the relevant scientific field to be considered as evidence, and that the federal practice of including expert testimony under more relaxed principals would not be followed in Pennsylvania courts.
Blum v. Merrell Dow Pharmaceuticals, Inc., 764 A.2d 1 (Pa. 2000)
Can Regulation Fair Disclosure Survive The Aftermath Of Enron?, Marissa P. Viccaro
Can Regulation Fair Disclosure Survive The Aftermath Of Enron?, Marissa P. Viccaro
Duquesne Law Review
No abstract provided.
Massachusetts Regulations On Cigarette Advertising Are Preempted By The Federal Cigarette Labeling And Advertising Act And Massachusetts Regulations On Cigar And Smokeless Tobacco Advertising Fail The Central Hudson Test For Commercial Speech And Violate The First Amendment: Lorillard Tobacco Co. V. Reilly, Angela M. Sheffler
Duquesne Law Review
The United States Supreme Court held that Massachusetts regulations regarding point-of-sale and outside cigarette advertising were preempted by the FCLAA. The majority also held that Massachusetts regulations regarding point-of-sale and outside cigar and smokeless tobacco advertising failed the Central Hudson four-part test for commercial speech because the regulations were too broad to be constitutional. However, the Court held that the Massachusetts regulations regarding sale of tobacco products passed the Central Hudson test because of the substantial interest of Massachusetts that was promoted and the regulations were narrow enough to be constitutional.
Lorillard Tobacco Co. v. Reilly, 121 S. Ct. …
Articles - Titles - Volume 40 (2001-2002)
Title Page - Volume 41 (2002-2003)
Post-Election Litigation In Pennsylvania, Clifford B. Levine, David J. Montgomery
Post-Election Litigation In Pennsylvania, Clifford B. Levine, David J. Montgomery
Duquesne Law Review
The Article focuses on the causes and consequences of post-election litigation in Pennsylvania. The Authors conclude that the Pennsylvania Election Code has been strictly construed by Pennsylvania courts out of a reluctance to interfere with, and to promote, the finality of election returns.
Title Page - Volume 40 (2001-2002)
Legal Presumptions And The Role Of Mental Health Professionals In Child Custody Proceedings, Janet M. Bowermaster
Legal Presumptions And The Role Of Mental Health Professionals In Child Custody Proceedings, Janet M. Bowermaster
Duquesne Law Review
In child custody cases, mental health professionals are frequently used to evaluate the fitness of parents, the effects of child-parent separation, and the best interest of the child. Frequently, however, the courts delegate custody decision-making authority to those mental health professionals. This article examines the history and use of legal presumptions in child custody law, and ultimately questions the propriety of the role that mental health professionals currently play in custody disputes.
It's Time To Make Non-Economic Or Citizen Standing Take A Seat In "Religious Display" Cases, David Harvey
It's Time To Make Non-Economic Or Citizen Standing Take A Seat In "Religious Display" Cases, David Harvey
Duquesne Law Review
No abstract provided.
Title Iii Of The Ada Allows A Qualified Disabled Entrant To Use A Motorized Cart On The Professional Golf Tour: Pga Tour, Inc. V. Martin, David A. Monaghan
Title Iii Of The Ada Allows A Qualified Disabled Entrant To Use A Motorized Cart On The Professional Golf Tour: Pga Tour, Inc. V. Martin, David A. Monaghan
Duquesne Law Review
The Supreme Court of the United States held that Title III of the ADA protects access to professional golf tournaments by a qualified entrant with a disability, and that a disabled participant's use of a motorized golf cart during play would not fundamentally alter the nature of tournament play.
PGA Tour, Inc. v. Martin, 121 S.Ct. 1879 (2001)