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Articles 1 - 30 of 40
Full-Text Articles in Law
Book Reviews - Titles - Volume 7 (1968-1969)
Book Reviews - Titles - Volume 7 (1968-1969)
Duquesne Law Review
No abstract provided.
Commentaries - Titles/Comments - Titles - Volume 7 (1968-1969)
Commentaries - Titles/Comments - Titles - Volume 7 (1968-1969)
Duquesne Law Review
No abstract provided.
Freedom Of Movement In Latin America, Daniel C. Turack
Freedom Of Movement In Latin America, Daniel C. Turack
Duquesne Law Review
Today, nationals of many member States of the Organization of American States no longer require a valid national passport to visit other member States. The present standards of freedom of movement emerged as a result of waiver of the passport requirement and the simplification of immigration procedures-the direct outcome of regional international assemblies held in this century, and unilateral measures as indirect consequences of the same meetings. It is now generally recognized by leaders of governments as well as the civil servants located in the higher echelons of their Government's administration that persons bent on engaging in subversive activities within …
Zoning - Planned Unit Development, David J. Kozma
Zoning - Planned Unit Development, David J. Kozma
Duquesne Law Review
Borough Council is not precluded from rezoning land in accordance with a changed comprehensive plan, and the creation of a planned unit development district permitting a mixture of uses does not vest in the planning commission authority greater than that permitted under zoning enabling legislation.
Cheney v. Village At New Hope, Inc., 429 Pa. 626, 241 A.2d 81 (1968).
Articles - Titles - Volume 7 (1968-1969)
Torts - Landlord-Tenant, James S. Dillman
Torts - Landlord-Tenant, James S. Dillman
Duquesne Law Review
The Supreme Court of Pennsylvania has held that a lessor is liable in trespass for non-performance of a promise to repair which he orally made at the time of execution of the lease.
Reitmeyer v. Sprecher, 431 Pa. 284, 243 A.2d 395 (1968).
Commentaries - Authors - Volume 7 (1968-1969)
Commentaries - Authors - Volume 7 (1968-1969)
Duquesne Law Review
No abstract provided.
The Merit Plan For Judicial Selection And Tenure - Its Historical Development, Glenn R. Winters
The Merit Plan For Judicial Selection And Tenure - Its Historical Development, Glenn R. Winters
Duquesne Law Review
In the 1968 Pennsylvania primary election the voters of that state adopted in toto the recommendations of their constitutional convention. Included among these recommendations was a revision of the Pennsylvania judicial article. This revision contained as one important element a proposal for the adoption of what has come to be known as the Merit Plan for judicial selection and tenure.
The Americanization Of Renvoi, David E. Seidelson
The Americanization Of Renvoi, David E. Seidelson
Duquesne Law Review
Almost since its first introduction to American jurisprudence, renvoi has been looked upon as a dirty word by most courts in this country. in most circumstances. There are probably several reasons for this disdain. First, it is a foreign word, and if there is one thing a judge, confronted with a delicate choice of law problem involving the potential application of the law of another jurisdiction, can do without, it's a foreign word. But that problem is fairly easy to resolve. Simply take away its italicization, and renvoi becomes just another word absorbed into the language. A second reason for …
Title Page - Volume 7 (1968-1969)
Articles - Authors - Volume 7 (1968-1969)
Table Of Cases - Volume 7 (1968-1969)
Book Commentaries - Authors/Book Commentaries - Titles - Volume 7 (1968-1969)
Book Commentaries - Authors/Book Commentaries - Titles - Volume 7 (1968-1969)
Duquesne Law Review
No abstract provided.
Book Reviews - Reviewers - Volume 7 (1968-1969)
Book Reviews - Reviewers - Volume 7 (1968-1969)
Duquesne Law Review
No abstract provided.
Cases Noted - Volume 7 (1968-1969)
Recent Decisions - Titles - Volume 7 (1968-1969)
Recent Decisions - Titles - Volume 7 (1968-1969)
Duquesne Law Review
No abstract provided.
Admiralty Tort Jurisdiction - The Last Barrier, Alfred S. Pelaez
Admiralty Tort Jurisdiction - The Last Barrier, Alfred S. Pelaez
Duquesne Law Review
The many advantages the admiralty gives to an injured plaintiff, particularly if he can be brought within the scope of those remedies traditionally reserved to seamen, has long been the envy of lawyers whose shore-bound client's causes are often subjected to a confusing and conflicting array of local laws and procedures. A plaintiff within the admiralty jurisdiction can, for instance, properly commence his action in any district wherein he can obtain service of process upon the defendant or upon the res against which his maritime lien attaches, and need not worry about such nebulous concepts as "doing business." Furthermore, he …
The Second Justice Marshall, Ronald R. Davenport
The Second Justice Marshall, Ronald R. Davenport
Duquesne Law Review
From 1801 until 1835 the first Justice Marshall served a distinguished tenure as Chief Justice of the United States Supreme Court. Legal scholars, political scientists, historians and even high school civics teachers recognize his tremendous contribution to the development of American Government and to the definition of the relationship between the Court, the Executive, and the Legislative branches' of government. No one man has done more to establish the Court as an institution or to provide the foundation of American Constitutional law. Since the first Justice Marshall's tenure there have been great Justices: Black; Frankfurter; Brandeis; Hughes; Harlan; Holmes; Cardozo; …
Fraud On The Patent Office: A Source Of Antitrust Litigation, Dennis P. Mankin
Fraud On The Patent Office: A Source Of Antitrust Litigation, Dennis P. Mankin
Duquesne Law Review
Recent decisions of the Supreme Court of the United States in Walker Process Equipment, Inc. v. Food Machinery and Chemical Corp., and the Court of Appeals for the Sixth Circuit in American Cyanamid Co. v. Federal Trade Commission, holding that fraud on the Patent Office may give rise to a hazard of liability under Section 2 of the Sherman Act and Section 5 of the Federal Trade Commission Act, raise several questions. It is the function of this paper to inquire into Patent Office procedure as it relates to possibilities for fraudulent conduct, and then to consider the …
Prepayment Health Care Plan Enabling Acts - Are Their Restrictive Features Constitutional?, John M. Campfield
Prepayment Health Care Plan Enabling Acts - Are Their Restrictive Features Constitutional?, John M. Campfield
Duquesne Law Review
Illness is something which afflicts the rich as well as the poor, the affluent as well as the downtrodden. It does not choose its host according to social position, educational background, or economic status. In this century the medical sciences and the medical professions have minimized the hazards of illness. Yet the costs of preventing or curing illness, and the financial burden placed upon the victim, persists and grows.
Civil Procedure - Long-Arm Statute - Broad Interpretation, John Tumolo
Civil Procedure - Long-Arm Statute - Broad Interpretation, John Tumolo
Duquesne Law Review
The Pennsylvania Supreme Court interpreted the scope of Section 331, which provides for service against non-resident owners of real estate, and concluded the word "involved" as used in the statute does not require a causal connection between the accident or injury and the real estate, but only the occurrence of the accident or injury on the real estate.
Betcher v. Hay-Roe, 429 Pa. 371, 240 A.2d 501 (1968).
Criminal Law - Searches And Seizures, Donetta Wypiski
Criminal Law - Searches And Seizures, Donetta Wypiski
Duquesne Law Review
The Supreme Court of the United States held that a policeman is justified in making a search for weapons in the outer clothing of one who he reasonably suspects is armed and dangerous, even though the policeman has no probable cause to arrest the man he is detaining.
Terry v. State of Ohio, 88 S. Ct. 1868 (1968).
Domestic Relations - Heterologous Artificial Insemination, Edward C. Land Jr.
Domestic Relations - Heterologous Artificial Insemination, Edward C. Land Jr.
Duquesne Law Review
Husband consenting to the insemination of his wife is criminally liable for support of child; for purposes of Penal Code, defendant is lawful father of child so conceived.
The People v. Sorensen, 66 Cal. Rptr. 7, 437 P.2d 495 (1968).
The Postulate Of Methodological Purity In Hans Kelsen's Pure Theory Of Law, Ilmar Tammelo
The Postulate Of Methodological Purity In Hans Kelsen's Pure Theory Of Law, Ilmar Tammelo
Duquesne Law Review
Hans Kelsen's famous book, Reine Rechtslehre, originally published in 1934 and completely revised and considerably expanded in 1960, has now become available in English. The translation by Max Knight of its second edition has been "carefully checked by the author" and can therefore be considered as fully authentic. Regrettably it does not contain the prefaces to the first and the second editions of the book and also lacks the valuable addendum to the latter entitled "Das Problem der Gerechtigkeit" ("The Problem of Justice"), which are highly informative about the author's enterprise and illuminating as providing thoughts complementary to the main …
Book Reviews, T. W. Pomeroy Jr., Richard P. Conaboy, Robert T. Basseches
Book Reviews, T. W. Pomeroy Jr., Richard P. Conaboy, Robert T. Basseches
Duquesne Law Review
TRIALS OF A PHILADELPHIA LAWYER. By Laurence H.Eldredge.
MELVILLE WESTON FULLER, CHIEF JUSTICE OF THE UNITEDSTATES 1888-1910. By Willard L. King.
ROOSEVELT & FRANKFURTER: THEIR CORRESPONDENCE,1928-1945. Annotated by Max Freedman.
Title Page - Volume 7 (1968-1969)
Nlrb's Totality Of Conduct Theory In Representation Elections And Problems Involved In Its Application, John J. Cuneo
Nlrb's Totality Of Conduct Theory In Representation Elections And Problems Involved In Its Application, John J. Cuneo
Duquesne Law Review
At the heart of every representation election campaign lie the communications made by either side to the electorate-the stream of handbills, speeches, conversations and letters that seek to influence the final decision of the voters. It is through these partisan messages that employees obtain the bulk of information from which they must make a reasoned choice in accepting or rejecting unionization. On the one hand, limits have been imposed to restrict the content of what may be said by either party, while on the other, rules have been laid down to guarantee both employers and unions a reasonable opportunity to …
Those Still Elusive Neutral Principles - A Further Groping, Elliott M. Abramson
Those Still Elusive Neutral Principles - A Further Groping, Elliott M. Abramson
Duquesne Law Review
No abstract provided.