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Title Page - Volume 43 (2004-2005)
Table Of Contents, Volume 43, Number 2, Winter 2005
Table Of Contents, Volume 43, Number 2, Winter 2005
Duquesne Law Review
No abstract provided.
The Civil Justice System Bridges The Great Divide In Consumer Protection, Christopher Placitella, Justin Klein
The Civil Justice System Bridges The Great Divide In Consumer Protection, Christopher Placitella, Justin Klein
Duquesne Law Review
This article discusses the tendency of American consumers to place their confidence -- often blindly -- in agencies such as the FDA and the Consumer Product Safety Commission. It further analyzes the issue that recent events related to the pharmaceutical industry and the FDA raise serious doubts as to whether that blind trust is uniformly justified.
Examining The Examiner: Waiver Of The Attorney-Client Privilege And The Outer Limits Of An Examiner's Powers In Bankruptcy, Jeffery A. Deller
Examining The Examiner: Waiver Of The Attorney-Client Privilege And The Outer Limits Of An Examiner's Powers In Bankruptcy, Jeffery A. Deller
Duquesne Law Review
This article discusses the traditional role of an examiner in bankruptcy proceedings, as well as the fact that the role of an examiner is often expanded in complex Chapter 11 cases to include duties and powers normally reposed in bankruptcy trustees. The article examines the interesting question of whether an examiner may be cloaked with the powers of a bankruptcy trustee, and discusses this question in the context of addressing the issue of whether an examiner in bankruptcy has the power to waive a debtor's attorney-client privilege.
Transforming Physicians Into Business Savvy Entrepreneurs: Patient Surcharges Charge Onto The Scene Of Physician Reimbursement, Justin J. Landfair
Transforming Physicians Into Business Savvy Entrepreneurs: Patient Surcharges Charge Onto The Scene Of Physician Reimbursement, Justin J. Landfair
Duquesne Law Review
No abstract provided.
Parental Rights Of Gay And Lesbian Couples: Will Legalizing Same-Sex Marriage Make A Difference?, Louise Mcguire
Parental Rights Of Gay And Lesbian Couples: Will Legalizing Same-Sex Marriage Make A Difference?, Louise Mcguire
Duquesne Law Review
No abstract provided.
An Exercise In Futility: Does The Inquiry Required To Apply The Ministerial Execption To Title Vii Defeat Its Purpose?, William S. Stickman Iv
An Exercise In Futility: Does The Inquiry Required To Apply The Ministerial Execption To Title Vii Defeat Its Purpose?, William S. Stickman Iv
Duquesne Law Review
No abstract provided.
A New Challenge To Miranda: Evaluating The Effectiveness Of Mid-Interrogation Miranda Warnings And The Admissibility Of Subsequent Confessions: Missouri V. Siebert, Mitchell W. Paterline
A New Challenge To Miranda: Evaluating The Effectiveness Of Mid-Interrogation Miranda Warnings And The Admissibility Of Subsequent Confessions: Missouri V. Siebert, Mitchell W. Paterline
Duquesne Law Review
The Supreme Court held that, in a continual custodial interrogation, when Miranda warnings are given after a suspect has confessed they do not effectively protect the privilege against self-incrimination and that any subsequent confessions made should be suppressed.
Missouri v. Seibert, 124 S. Ct. 2601 (2004).
Title Ii Of The Americans With Disabilities Act Is A Valid Exercise Of Congress' Power To Abrogate State Sovereign Immunity: Tennessee V. Lane, Aaron Ponzo
Duquesne Law Review
The Supreme Court of the United States held that as it applies to the class of cases implicating the fundamental right of access to the courts, Title II of the Americans with Disabilities Act of 1990 constitutes a valid exercise of Congress' authority under § 5 of the Fourteenth Amendment to abrogate state sovereign immunity.
Tennessee v. Lane, 124 S. Ct. 1978 (2004)
Table Of Contents, Volume 43, Number 3, Spring 2005
Table Of Contents, Volume 43, Number 3, Spring 2005
Duquesne Law Review
No abstract provided.
Farewell To Dean Cafardi, Robert D. Taylor
The Compensation Of Erroneously Convicted Individuals In Pennsylvania, Christine L. Zaremski
The Compensation Of Erroneously Convicted Individuals In Pennsylvania, Christine L. Zaremski
Duquesne Law Review
No abstract provided.
The Employee Retirement Income Security Act Preempts State Law Causes Of Action Against Erisa-Regulated Benefit Plans: Aetna Health, Inc. V. Davila, Lisa M. Schonbeck
The Employee Retirement Income Security Act Preempts State Law Causes Of Action Against Erisa-Regulated Benefit Plans: Aetna Health, Inc. V. Davila, Lisa M. Schonbeck
Duquesne Law Review
The Supreme Court of the United States held that ERISA preempts a Texas state law allowing claims against ERISA-regulated employee benefit plans for denial of coverage.
Aetna Health Inc., v. Davila, 124 S. Ct. 2488 (2004)
Title Page - Volume 43 (2004-2005)
The Fact Of A Prior Conviction Does Not Have To Be Proven Beyond A Reasonable Doubt To A Jury To Lengthen A Sentence Beyond The Statutory Maximum: Commonwealth V. Aponte, Sarah J. Cottrill
The Fact Of A Prior Conviction Does Not Have To Be Proven Beyond A Reasonable Doubt To A Jury To Lengthen A Sentence Beyond The Statutory Maximum: Commonwealth V. Aponte, Sarah J. Cottrill
Duquesne Law Review
The Supreme Court of Pennsylvania held that a statute doubling the statutory maximum penalty upon proof of prior conviction for a similar offense, without requiring proof beyond a reasonable doubt before a jury, did not violate defendant's due process rights.
Commonwealth v. Aponte, 855 A.2d 800 (Pa. 2004).
An Overview Of Partisan Gerrymandering Litigation In The Last Twenty Years, Heather Lamparter
An Overview Of Partisan Gerrymandering Litigation In The Last Twenty Years, Heather Lamparter
Duquesne Law Review
No abstract provided.
Title Page - Volume 43 (2004-2005)
Where Parties Have Manifested Their Intentions In A Final, Exclusive, And Fully Integrated Agreement, That Writing Will Be The Only Evidence Of Their Agreement: Yocca V. The Pittsburgh Steelers Sports, Inc., Matthew A. Meyers
Duquesne Law Review
The Pennsylvania Supreme Court ruled that where there is a fully integrated written agreement, evidence of a prior agreement is barred from inclusion in the final written agreement by the parol evidence rule, and any reliance on those prior agreements is unjustified.
Yocca v. The Pittsburgh Steelers Sports, Inc., 854 A.2d 425 (2004).
The "Priceless Possession" Of Citizenship: Race, Nation And Naturalization In American Law, 1880-1930, J. Allen Douglas
The "Priceless Possession" Of Citizenship: Race, Nation And Naturalization In American Law, 1880-1930, J. Allen Douglas
Duquesne Law Review
Examining the application of racial restrictions to grants of citizenship along with the emergence of the bundle-of-rights conception of property, this article explores a panoply of naturalization claims in which courts discussed a petitioner's eligibility for citizenship as a "free white person." To lend a measure of credibility and resolve to those naturalization determinations, federal and state courts relied upon the protocols of a nineteenth century object-centered, conception of property. Consequently, the emergence of a new, relational property paradigm - the bundle-of-sticks notion - compelled the judiciary to adopt a series of shifting standards for establishing race and citizenship, ranging …
Table Of Contents, Volume 43, Number 4, Summer 2005
Table Of Contents, Volume 43, Number 4, Summer 2005
Duquesne Law Review
No abstract provided.
Introduction, Robert S. Barker
Federalism In The United States, D. Brooks Smith
Federalism In The United States, D. Brooks Smith
Duquesne Law Review
No abstract provided.
Background Notes And Constitutional Provisions Concerning Argentine Federalism, Robert S. Barker
Background Notes And Constitutional Provisions Concerning Argentine Federalism, Robert S. Barker
Duquesne Law Review
No abstract provided.
The Present And Future Of Federalism, Bruce Ledewitz
The Present And Future Of Federalism, Bruce Ledewitz
Duquesne Law Review
No abstract provided.
Federalism In Brazil, Keith S. Rosenn
An Analysis Of Argentine Federalism, Jorge Reinaldo Vanossi
An Analysis Of Argentine Federalism, Jorge Reinaldo Vanossi
Duquesne Law Review
No abstract provided.
Centralized Federalism In Venezuela, Allan R. Brewer-Carias
Centralized Federalism In Venezuela, Allan R. Brewer-Carias
Duquesne Law Review
No abstract provided.
Prof. Dr. Jur. Peter J. Tettinger
Canine Sniffs And The Admissibility Of Evidence Seized During Lawful Traffic Stops: Illinois V. Caballes, Jennifer M. Palonis
Canine Sniffs And The Admissibility Of Evidence Seized During Lawful Traffic Stops: Illinois V. Caballes, Jennifer M. Palonis
Duquesne Law Review
The United States Supreme Court held that a canine sniff conducted without reasonable, articulable suspicion of criminal activity during a lawful traffic stop did not violate the Fourth Amendment.
Illinois v. Caballes, 125 S. Ct. 834 (2005).
Government Employees' Freedom Of Expression Is Limited: The Expression Must Touch On Matters Of "Public Concern" Or Be Intended To Educate Or Inform The Public About The Employer To Warrant First Amendment Protection: City Of San Diego V. Roe, Natalie Rieland
Duquesne Law Review
When a government employee's speech is unrelated to his employment and does not touch on a matter of public concern, the expression is not analyzed under the Pickering balancing test.
City of San Diego v. Roe, 125 S. Ct. 521 (2004).