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Full-Text Articles in Law
Crashing Into Proof Of A Reasonable Alternative Design: The Fallacy Of The Restatement (Third) Of Torts: Products Liability, Patrick Lavelle
Crashing Into Proof Of A Reasonable Alternative Design: The Fallacy Of The Restatement (Third) Of Torts: Products Liability, Patrick Lavelle
Duquesne Law Review
No abstract provided.
Title Page - Volume 38 (1999-2000)
William H. Simon: Thinking Like A Lawyer - About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Sean P. Kealy
William H. Simon: Thinking Like A Lawyer - About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Sean P. Kealy
Duquesne Law Review
No abstract provided.
When Determining Whether An Ada Claimant Is Disabled, The Claimant's Impairment Must Be Considered In Light Of Available Corrective Measures, And Failure To Meet Dot Regulations Does Not Establish That The Claimant Was Regarded As Disabled: Murphy V. United Parcel Service, Inc., Bryan J. Warren
Duquesne Law Review
No abstract provided.
Articles - By Author - Volume 38 (1999-2000)
Articles - By Author - Volume 38 (1999-2000)
Duquesne Law Review
No abstract provided.
Media Participation In The Execution Of A Search Warrant Inside A Home Violates The Fourth Amendment To The United Constitution: Wilson V. Layne, Jennifer L. Mcdonough
Media Participation In The Execution Of A Search Warrant Inside A Home Violates The Fourth Amendment To The United Constitution: Wilson V. Layne, Jennifer L. Mcdonough
Duquesne Law Review
No abstract provided.
"On Horror's Head Horrors Accumulate": A Reflective Comment On Capital Child Rape Legislation, J. Richard Broughton
"On Horror's Head Horrors Accumulate": A Reflective Comment On Capital Child Rape Legislation, J. Richard Broughton
Duquesne Law Review
The constitutionality of imposing capital punishment for the crime of child rape remains an open question. The author asserts that state capital child rape statutes are constitutional. The author bases his conclusion on the United States Supreme Court's capital punishment decisions, the historical treatment of sex offenses and non-homicide capital crimes, and the brutality of rape, itself. Finally, the author urges caution to ensure that capital punishment is not meted out in a racially discriminatory manner.
Deterrence Effect Of Civil Penalties, Potential Loss Of Recreational And Economic Use By Plaintiff Organization's Members, And Absence Of A Clear Indication Of Eliminating Future Violations Will Meet Article Iii Mootness And Standing Requirements For Clean Water Act ("Cwa") Citizen Suits: Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Nicholas J. Deiuliis
Duquesne Law Review
The Supreme Court of the United States ruled that citizen suits brought under the CWA are moot due to subsequent compliance with permit limits or subsequent facility closure only if it is absolutely clear that the permit violations cannot reasonably be expected to recur, that organizations have standing to seek civil penalties under the CWA if the penalties deter ongoing permit violations that could continue in the future and create the likelihood of redressing the organization members' injuries, and that plaintiff's failure to appeal a federal court's denial of injunctive relief does not moot a civil penalties claim on appeal. …
Table Of Contents, Volume 38, Number 4, Summer 2000
Table Of Contents, Volume 38, Number 4, Summer 2000
Duquesne Law Review
No abstract provided.
Uniform Rules For Internet Information Transactions: An Overview Of Proposed Ucita, Carlyle C. Ring Jr.
Uniform Rules For Internet Information Transactions: An Overview Of Proposed Ucita, Carlyle C. Ring Jr.
Duquesne Law Review
No abstract provided.
Why Article 2 Cannot Apply To Software Transactions, Lorin Brennan
Why Article 2 Cannot Apply To Software Transactions, Lorin Brennan
Duquesne Law Review
No abstract provided.
A Social Security Claimant's Statement That She Is Disabled And Unable To Work Does Not Necessarily Preclude A Subsequent Ada Wrongful Termination Claim: Cleveland V. Policy Management Systems Corporation, Jane M. Keenan
Duquesne Law Review
The Supreme Court of the United States held that the application for or receipt of social security disability benefits does not automatically estop a plaintiff from maintaining an ADA claim and that no rebuttable presumption arises when the two claims coincide; however, such a plaintiff must be prepared to sufficiently explain any apparent contradiction between (1) statements of total disability and inability to work made for the purpose of obtaining disability benefits and (2) a claim that the plaintiff is able to work but has been wrongfully terminated under the ADA.
Cleveland v. Policy Management Systems Corporation, 119 S. …
Pennsylvania's Whistleblower Law's Extension To Private Sector Employees: Has The Time Finally Come To Broaden Statutory Protection For All At-Will Employees?, Kurt H. Decker
Duquesne Law Review
No abstract provided.
Recent Developments In Pennsylvania Employment Law, James F. Glunt, Jill L. Locnikar
Recent Developments In Pennsylvania Employment Law, James F. Glunt, Jill L. Locnikar
Duquesne Law Review
No abstract provided.
Comments - By Title - Volume 38 (1999-2000)
Title Page - Volume 39 (2000-2001)
Table Of Contents, Volume 39, Number 1, Fall 2000
Table Of Contents, Volume 39, Number 1, Fall 2000
Duquesne Law Review
No abstract provided.
Blending The Law Of Sales With The Common Law Of Third Party Beneficiaries, Gary L. Monserud
Blending The Law Of Sales With The Common Law Of Third Party Beneficiaries, Gary L. Monserud
Duquesne Law Review
In the majority of jurisdictions that have adopted Uniform Commercial Code section 2-318, certain plaintiffs are precluded from recovering for economic loss that is not related to personal injury. The author submits, after reviewing the common law of third party beneficiaries, that section 2-318 should be blended with third party beneficiary law. Consequently, according to the author, non-privity plaintiffs that suffer economic losses should be able to recover on the basis of those economic losses under certain circumstances.