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Title Page And Masthead - Volume 2 (1963-1964)

Duquesne Law Review

No abstract provided.

Index Of Cases Noted

Duquesne Law Review

No abstract provided.

Housing Rehabilitation And The Pittsburgh Graded Property Tax, David C. Harrison

Duquesne Law Review

Few proposals regarding the sticky problem of slums and taxes can be said to be new. Yet, one of the oldest ideas, that of shifting part of the real property tax burden from buildings to land as a means of eliminating city slums, has received recent endorsement from individuals whose aims and influence combine to give it, if not youth itself, a new lease on life.

The Establishment Syndrome And Religious Liberty, John E. Dunsford

Duquesne Law Review

Seventeen years have passed since the Supreme Court chose the establishment clause of the First Amendment as the preferred reed through which to breathe modern relevance into an 18th century formulation of church-state relationships. Prior to 1947 the Court "had seldom undertaken to supply content to that part of the first amendment concerned with separation."' With the Everson decision, a period opened in which the commodious dimensions of the establishment concept invited the legal soul to trace out that grand design which presumably must distinguish and exalt the American understanding of the place of religion in society. Almost to a …

Federal Estate Tax - Marital Deduction

Duquesne Law Review

Effect of Revenue Procedure 64-19 on the use of the marital deduction under Pennsylvania law - Methods of preservation of the marital deduction.

Revenue Procedure 64-19, 1964 Int. Rev. Bul. 19.

The Attorney-Client Privilege And Its Application To Patent Attorneys

Duquesne Law Review

Frequently in litigation in the federal courts, discovery of papers, documents and the like in the possession of the opposing client or his attorney is requested. Just as frequently, discovery of much of the requested materials is resisted on the grounds that it is privileged. The Federal Rules of Civil Procedure, while permitting liberal discovery of evidence, recognize privileged material as an exception. What is or is not privileged within the meaning of that term as used in Rule 34 of the Federal Rules of Civil Procedure, is to be determined by the law of evidence. One of the notable …

The Problem Of The Unrepresented, Misrepresented And Rebellious Defendant In Criminal Court, Burton R. Laub

Duquesne Law Review

For upwards of twenty years, the Supreme Court of the United States has wrestled with the question whether an indigent defendant charged with serious crime must, on request, be afforded the assistance of counsel at public expense. In a series of landmark cases it has decided such assistance must be afforded as a matter of constitutional right. Most trial judges are in agreement with these decisions, not so much on constitutional grounds but because they see practical advantages therein, and because they would welcome an even broader rule requiring every party to a lawsuit to have full representation. While trial …

Internal Revenue Code Summons Enforcement And The Accountant

Duquesne Law Review

An increasingly large number of taxpayers-guilty and innocenthave been faced with tax investigations as the Government seeks to enforce the civil and/or criminal sanctions of the Internal Revenue Code. Tax practioners representing such taxpayers have been confronted with a conflict between the demands of the Internal Revenue Service and his clients' interests. In addition, the extensive use of the administrative subpoena, the most powerful weapon in the Internal Revenue Service's arsenal, augmented by the timidity and genuflections of taxpayers and tax practitioners, and complimented by the broad construction given this weapon by the courts, have established precedents thought of by …

Evidence - Waiver - Dead Man's Act

Duquesne Law Review

Answering of interrogatories filed by decedent's representative constitutes a waiver of protection afforded by Dead Man's Act even if not used at trial.

Perlis v. Kuhns, Adm'r., 202 Pa. Super. 80, 195 A.2d 156 (1963)

The Demise Of Fair Trade In Pennsylvania: A Study Of Judicial Disenchantment

Duquesne Law Review

In a 5-2 decision handed down on March 26, 1964, the Pennsylvania Supreme Court declared unconstitutional the nonsigner provision of the state's Fair Trade Act. Thus Pennsylvania joins the ranks of those states repudiating fair trade. Because of previous rulings to the contrary, this decision may seem to be a dramatic reversal. A closer study of the most recent decisions will, however, reveal a thread weaving through the cases-a thread of judicial disenchantment with the economic effects of fair trade.

Fare Ye Well: Right To Be Let Alone, Louis J. Grippo

Duquesne Law Review

A recent case in the United States Court of Appeals for the District of Columbia has raised a very important question concerning one of our well established rights-that is, the right to be let alone. Judge Skelly Wright, acting singly, has decided that a young adult member of the Jehovah's Witnesses should be given a blood transfusion over her objection-her refusal being based upon her religious beliefs.

The Charitable Immunity Doctrine In Pennsylvania: Death Knell, John W. Mcgonigle

Duquesne Law Review

In the face of an overwhelming trend to eliminate the charitable immunity doctrine, the Pennsylvania Supreme Court has consistently refused to abolish the doctrine it created back in 1888. The purpose of this paper is to forecast the future of the charitable immunity doctrine in Pennsylvania by analyzing cases in other areas where the policy arguments advanced were much the same as those raised for the doctrine of charitable immunity. Professor William L. Prosser notes that courts are in full retreat on the charitable immunity doctrine, and predicts its possible extinction within two decades. The doctrine as established in this …

Malpractice Immunity For The Physician: Unconstitutional, Unfair And Unnecessary Legislation, Edward G. O'Connor

Duquesne Law Review

In August of 1963, the Pennsylvania General Assembly enacted a law which purports to abolish a right of action for the negligence of a physician. The act exempts physicians from civil liability for malpractice arising from negligent treatment or care rendered at the scene of an accident or emergency. Gross negligence and acts or omissions intentionally designed to harm are specifically excluded from this otherwise blanket immunity. There is no liability for negligence. Prior to this enactment, the physician would have been treated the same as any other "Good Samaritan." This law purports to accord him an immunity which this …

Criminal Law, John W. Latella

Duquesne Law Review

Introducing Evidence Obtained by an Illegal Search and Seizure for Impeachment Purposes.

Commonwealth v. Wright, 415 Pa. 55, 202 A.2d 79 (1964).

Constitutional Law, Irwin B. Wedner

Duquesne Law Review

Supreme Court's Equity Decree Opens Integrated Public Schools for the First Time in Prince Edward County, Virginia.

Griffin v. County School Bd. of Prince Edward County, 84 Sup. Ct. 1226 (1964).

Books Received - Volume 3, Number 1

Duquesne Law Review

No abstract provided.

Table Of Contents - Volume 3, Number 1 (Fall 1964)

Duquesne Law Review

No abstract provided.

New York Life Insurance Company V. Dunlevy Revisited: The Power Of A Court To Exercise Jurisdiction For The Wrong Reason, Wilfred J. Ritz

Duquesne Law Review

Judgments can be divided into two classes: those that are valid and those that are void. Furthermore, according to Section 5 of the Restatement of Judgments: A judgment is void unless the State in which it is rendered has jurisdiction to subject to its control the parties or the property or status sought to be affected. The bases of jurisdiction, it is to be noted, are stated in the alternative - the parties or the property or the status. It is difficult to see how, in any realistic sense, a court can control property or status, without also having control …

Rights Of Society Vs Rights Of The Individual In The Administration Of Criminal Law, Carmen R. Damian

Duquesne Law Review

Since early in the Twentieth Century, the trend in the administration of criminal law, both in state and federal courts, has been toward increased protection of the rights of the individual. At the same time, and perhaps as a result thereof, there has been an attendant decrease in the police powers of federal, state and local law enforcement agencies.

Constitutional Law - Right To Counsel, Frank A. Mysliwiec

Duquesne Law Review

Where an investigation has begun to focus upon a particular suspect, whose request for counsel has been denied and who has not received a warning as to his right to remain silent, he has been deprived of his rights under the sixth amendment.

Escobedo v. State of Illinois, 84 Sup. Ct. 1758 (1964).

Title Page And Masthead - Volume 3 (1964-1965)

Duquesne Law Review

No abstract provided.

Antitrust Laws And Public Policy In Relation To Patents, Raymond C. Nordhaus

Duquesne Law Review

The purpose of this paper is to briefly review, first, basic antitrust, misuse and other public policy considerations as they relate to patents and patent agreements, and secondly, techniques and related problems of correcting or purging illegal activities.

The Plaintiff's Attorney And The Products Liability Case, Harry M. Philo

Duquesne Law Review

If one understands that "Products Liability" is a new field of tort law, that one does not have to be an engineer to handle products liability cases and the prime requisite is a philosophy of safety, then he or she is psychologically equipped to represent one injured by a defective product and prepared to build a substantial practice in this rapidly expanding area of law.

Judicial Conferences Of The Third Circuit, Joseph A. Katarincic

Duquesne Law Review

Democratic institutions remain vigorous and effective only when governed by free men who willingly submit the structure and processes of government to critical examination. The judicial branch of government has willingly submitted itself to public scrutiny. More than that, members of the bench and bar have diligently and courageously examined and adopted needed changes and reforms in the system which they administer and hold in public trust. They have not been timid; their success is noteworthy. This success is immediately evidenced by the great efforts expended in drafting and revising the Judicial Code of the United States, the Federal Rules …

Constitutional Law - Right To Counsel, Robert S. Barker

Duquesne Law Review

Use of defendant's incriminating statements, surreptitiously procured by government agents after indictment and in the absence of defendant's counsel, violates defendant's constitutional rights under the fifth and sixth amendments.

Massiah v. United States, 377 U.S. 201, 84. Sup. Ct. 1199 (1964).

Torts - Statute Of Limitations - Claims For Damages For Personal Injury, Irving M. Portnoy

Duquesne Law Review

Claims for Damages for Personal Injury - Under Uniform Commercial Code, statute of limitations for personal injury claims now four years, instead of two.

Gardiner v. Philadelphia Gas Works, 413 Pa. 415, 197 A.2d 612.

Torts - Death, Joseph A. Nickleach

Duquesne Law Review

Right to recover for death of a stillborn fetus.

Carroll v. Skloif, 415 Pa. 47, 202 A.2d 9 (1964).

Book Reviews, Cyril H. Wecht, Robert E. Beranek, Robert L. Felix

Duquesne Law Review

HANDBOOK OF LEGAL MEDICINE. By Alan R. Moritz and C. Joseph Stetler.

THE (SOVIET) SOCIALIST THEORY OF INTERNATIONAL LAW. By Bernard A. Ramundo with the assistance of Armins Rusis.

LAW, LIBERTY AND MORALITY. By H. L. A. Hart.