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Duquesne Law Review

Journal

2002

Articles 1 - 30 of 40

Full-Text Articles in Law

Unduly Influenced Trust Revocations, Mark R. Siegel Jan 2002

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) Jan 2002

Title Page - Volume 40 (2001-2002)

Duquesne Law Review

No abstract provided.


Probability And Statistics In The Legal Curriculum: A Case Study In Disciplinary Aspects Of Interdisciplinary, Mike Townsend, Thomas Richardson Jan 2002

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 Jan 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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 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. Jan 2002

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 Jan 2002

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) Jan 2002

Title Page - Volume 40 (2001-2002)

Duquesne Law Review

No abstract provided.


Roman Law In American Law: Twentieth Century Cases Of The Supreme Court, Samuel J. Astorino Jan 2002

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 Jan 2002

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 Jan 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 Jan 2002

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 Jan 2002

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) Jan 2002

Articles - Authors - Volume 40 (2001-2002)

Duquesne Law Review

No abstract provided.


Comments - Titles - Volume 40 (2001-2002) Jan 2002

Comments - Titles - Volume 40 (2001-2002)

Duquesne Law Review

No abstract provided.


Inheritance Corpus Excluded From Child Support Obligations Under The Pennsylvania Support Guidelines' Definition Of Income: Humphreys V. Deross, Sarah Eckel Jan 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 Jan 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 Jan 2002

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 Jan 2002

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) Jan 2002

Articles - Titles - Volume 40 (2001-2002)

Duquesne Law Review

No abstract provided.


Title Page - Volume 41 (2002-2003) Jan 2002

Title Page - Volume 41 (2002-2003)

Duquesne Law Review

No abstract provided.


Post-Election Litigation In Pennsylvania, Clifford B. Levine, David J. Montgomery Jan 2002

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) Jan 2002

Title Page - Volume 40 (2001-2002)

Duquesne Law Review

No abstract provided.


Legal Presumptions And The Role Of Mental Health Professionals In Child Custody Proceedings, Janet M. Bowermaster Jan 2002

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 Jan 2002

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 Jan 2002

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)