Law Commons^™

The United States And Communist China: The Dilemma Of Nonrecognition, Robert S. Barker

Duquesne Law Review

International law is that body of rules and principles binding upon states in their relations with other states. Although there is dispute as to the applicability of international law to entities other than states, it is clear that states are direct subjects of international law. The sole medium through which a state can act internationally is its government. Recognition of a government is an acknowledgment that that government is the agent of the state which it purports to represent. Refusal to recognize a government is pre-eminently a denial of its claim to act for the state; and when the unrecognized …

The Legality Of Nuremberg, F. Regan Nerone

Duquesne Law Review

Twenty years have now passed and still the controversy continues as to whether or not the trials at Nuremberg were in compliance with international law. Although the trials of the major war criminals are now left to the historian, they are still of great importance to the formulation of present international law and are therefore of great interest to the legal profession. Throughout the history of man war has plagued our society. At no time prior to the adoption of the Charter of the International Military Tribunal did the creation of war constitute a crime. The basic problem faced by …

Comments - Titles - Volume 4 (1965-1966)

Duquesne Law Review

No abstract provided.

Torts - Parental Immunity, Carl J. Sauer

Duquesne Law Review

New Hampshire has now joined the trend toward the abolition of the parental immunity doctrine.

Dean v. Smith, ___ N.H. ___, 211 A.2d 410 (1965).

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

Duquesne Law Review

No abstract provided.

Of Liberalism And Conservatism In American Criminal Law, Gerhard O. W. Mueller

Duquesne Law Review

Continental scholars traditionally have been preoccupied with the creation of theories about existing and emerging phenomena, and since these theories became identified with their creators and foremost proponents, the custom has emerged of focusing much of the scholarly writing on these theories and, of necessity, on their spokesmen. Thus, continental criminal law scholarship in theoretical, yet personal. American scholarship has not yet quite reached that point; it is not similarly focused on theories and their spokesmen, but deals with issues. In short, and with a bit of exaggeration, European scholars of criminal law talk to and about each other and …

Constitutional Law - Reapportionment, Andrew M. Schifinio, Dennis Gerard Long

Duquesne Law Review

The Pennsylvania Reapportionment Act held unconstitutional.

Butcher v. Bloom, 415 Pa. 438, 203 A. 2d 556 (1964)

Articles - Titles - Volume 4 (1965-1966)

Duquesne Law Review

No abstract provided.

Book Reviews - Titles - Volume 4 (1965-1966)

Duquesne Law Review

No abstract provided.

Arrest, Prosecution And Police Power In The Federal Republic Of Germany, Cyril D. Robinson

Duquesne Law Review

During the past few years numerous articles have examined arrest and prosecution procedures in the United States. Two aspects, in particular, have been criticized-the injustice of the bail system to the lesser offender and the attempted resolution of important social problems by penal legislation. Somewhat similar criticism concerning the frequency of arrest and the length of detention has been leveled at German criminal procedure. In order to correct these deficiencies, substantial amendments were made to the German Code of Criminal Procedure in December, 1964, effective April 1, 1965.

The Parol Evidence Rule: A Clarification, John E. Murray Jr.

Duquesne Law Review

One of the paradoxes of American law review writing at its present stage of development is the concern which contributors demonstrate for esoteric matters when fundamental areas remain to be further explored or clarified. While an occasional article dealing with a so-called elementary area is published, most law review writing considers narrow areas where controversy rages or is started by the writing. There is a great need for legal scholarship in the narrow areas, but this modest piece is dedicated to the function of clarification. It is a response to this writer's observation of the fog or mystery which surrounds …

The Principle Of "Harm" In The Concept Of Crime: A Comparative Analysis Of The Criminally Protected Legal Interests, Albin Eser

Duquesne Law Review

Contrary to most continental European criminal theories, in which the notion of harm-defined as a violation of some legally protected interest -plays a key role in determining criminality, Anglo-American criminal jurisprudence has paid little attention to the theoretical exploration and practical employment of the principle of harm.

Pennsylvania's Proposed Film Censorship Law - House Bill 1098, David C. Baldus

Duquesne Law Review

The trend of Pennsylvania and United States Supreme Court decisions during the past decade has steadily reduced the number of lawful methods which Pennsylvania law enforcement officials may use to prevent the public exhibition of a motion picture they consider to be obscene. During the summer of 1965 in Allegheny County, for example, detectives attempted without success to halt the local showing of "Promises! Promises!," a film which they believed was legally obscene. The detectives secured a search warrant, seized the films and arrested the exhibitors, charging them with the crime of exhibiting an obscene motion picture. The officers apparently …

Criminal Law - Habeas Corpus - Prematurity, John L. Gedid

Duquesne Law Review

Pennsylvania has abrogated the prematurity doctrine.

Commonwealth ex rel. Stevens v. Myers, 419 Pa. 1, 213 A.2d 501 (1965).

Criminal Law And Procedure, John F. Naughton

Duquesne Law Review

Pennsylvania statute that authorizes a jury to impose costs on an acquitted misdemeanor defendant and subjects him to imprisonment for failure to pay such costs is invalid under the due process clause of the fourteenth amendment.

Giaccio v. State of Pennsylvania, 86 Sup. Ct. 518 (1966).

Pennsylvania Practice And Procedure - Principal Office Rule, Charles Scarlata

Duquesne Law Review

The Pennsylvania Supreme Court has amended this rule to allow attorneys to practice in all counties.

In Re: Amendment to Rule 14 of the Rules of the Supreme Court of Pennsylvania, 419 Pa. (5), ___ A.2d ___ (1965).

Book Reviews, Bradford N. Bunnell, Daniel L. Rotenberg

Duquesne Law Review

THE PSYCHOLOGY OF CRIME. By David Abrahamsen.

BUREAUCRACY ON TRIAL, POLICY MAKING BY GOVERNMENT AGENCIES. By William W. Boyer.

Trade Regulations - Price Discrimination, Andrew M. Schifino

Duquesne Law Review

Consumer acceptance does not sufficiently differentiate physically identical goods for the purpose of determining the jurisdictional requirement of "like grade and quality" under section 2(a) of the Clayton Act.

Federal Trade Comm'n. v. Borden Co., 86 Sup. Ct. 1092 (1966).

Fruits Of The Attorney-Client Privilege: Incriminating Evidence And Conflicting Duties, Edward G. O'Connor

Duquesne Law Review

One of the most fundamental ethical duties of an attorney is that of maintaining secrecy concerning the confidences of his client. This duty of non-disclosure has been embodied in two of the Canons of Professional Ethics and has been recommended by the American Bar Association as one of the specifically ennumerated duties to be incorporated into the Oath of Admission to practice in all states and territories. In theory, the highly personal relationship between a lawyer and his client is, in many respects, like that of a confessor and his penitent, bound by the bond of silence. In practice, it …

Cases Noted - Volume 4 (1965-1966)

Duquesne Law Review

No abstract provided.

Depositions, Commissions, And Letters Rogatory In A Conflict Of Laws Case, Walter A. Rafalko

Duquesne Law Review

Since a majority of the states and foreign countries follow the territorial concept of sovereignty as the principal basis for furnishing jurisdiction over a person, problems frequently arise involving the testimony of absent or non-resident witnesses. Often, the forum does not require the witness' physical presence, but only his testimony. This power to procure testimony from an absent or non-resident witness is fundamentally a judicial power of any sovereign and is restricted by a sovereign's territorial boundaries. In the absence of a treaty, convention, statute, or judicial authorization, a state may not send a representative outside of the state and …

Municipal Employees' Unions: The Climb Up Labor's Ladder, Frank A. Mysliwiec

Duquesne Law Review

For years municipal employees' unions have struggled to stand as equals beside their brother unions in private industry. Periodically, they have ascended many rungs in labor's ladder. However, in many instances their progress has been blocked, not by the municipal government but by courts, who, after considering all the factors involved, not only believed that it was in the public's best interests to have municipal employees join a less powerful union but also outlined the power of the municipality in dealing with the union.

At the present time, the court, the union and the municipality appear lost in a maze. …

The Federal Aid To Private School Controversy: A Look, Walter A. Rafalko

Duquesne Law Review

Pressure for federal aid to education still continues and, by certain organized groups, the pressure is on especially for aid to private schools. The subject of federal aid to private schools has created confusion and uncertainty because of the fact that so much has been written by legal scholars but actually so little has been adjudicated by the United States Supreme Court. Indubitably, the limited number of such adjudications may, in part, be explained by the doctrine prevailing in the federal courts that a federal taxpayer, as such, has no standing to argue that a federal statute is unconstitutional. Thus, …

Table Of Contents - Volume 3, Number 2 (Spring 1965)

Duquesne Law Review

No abstract provided.

Conflict Of Laws, John W. Mcgonigle

Duquesne Law Review

Torts should be governed by the local law of the state which has the most significant relationship with the occurrence and the parties.

Griffith v. United Airlines, 416 Pa. 1, 203 A.2d 796 (1964).

Conflict Of Laws, James Kirk

Duquesne Law Review

Transfer under section 1404 (a) of Judicial Code,a 1404 (a) transfer from one federal court in one jurisdiction to federal court in another jurisdiction is a mere change of courtrooms,with law to be applied by what the first federal court would apply.

Van Dusen v. Barrach, 376 U.S. 612 (1964).

German Criminal Law And Its Reform, Horst Schroder

Duquesne Law Review

It is to be assumed that anyone who proposes reform does so because he is convinced that the existing state of affairs is unsatisfactory and therefore requires improvement. This goes for the factory manager who employs an efficiency expert as well as for the legislator who decides to pass a new law in lieu of an old one. It is, therefore, impossible to talk about the reform of the German criminal law and about the new Draft Code without, at the same time, taking a glance at the existing state of law which is supposed to be reformed thereby.

Book Reviews - Reviewers - Volume 4 (1965-1966)

Duquesne Law Review

No abstract provided.

Book Review, Joseph R. Morice

Duquesne Law Review

A SUPREME COURT JUSTICE Is APPOINTED. By David I. Danelski. Pp. 242. Random House, New York, New York, 1964.

Books Received

Duquesne Law Review

No abstract provided.