Law Commons^™

Title Page - Volume 8 (1969-1970)

Duquesne Law Review

No abstract provided.

Title Vii Of The Civil Rights Act: Four Years Of Procedural Elucidation, Francis T. Coleman

Duquesne Law Review

Title VII of the Civil Rights Act of 1964 has recently celebrated its fifth anniversary. While it is difficult at this point to assess the longrange impact which this controversial piece of civil rights legislation will have on employment and personnel policies throughout the country, it can be safely stated that the Act has thus far created a field day for the nation's lawyers. Perforce, both they and the judiciary have become fellow travelers along the tortuous paths which lead to ultimate enforcement of the Act's substantive guarantees.

Bail Practices In Allegheny County, R. Stanton Wettick Jr., Frank M. Mcclellan

Duquesne Law Review

The administration of bail involves two separate questions: (1) is the defendant eligible for bail; and (2) if he is eligible, what conditions of release should be imposed.

The first question is readily answered by reference to federal and state constitutional and statutory provisions. Generally anyone charged with a non-capital offense is eligible for bail.

The second question is not as easily resolved. Federal and state statutes set out only general considerations. Typical is Rule 46c of the Federal Rules of Criminal Procedure which provides that the amount of bail should be such as

"will insure the presence of the …

Quest For Some Certainty: Guideline (1968) And Task Force (1969) Approaches To Merger Law, Thomas M. Kerr

Duquesne Law Review

No abstract provided.

Dogmatism And The Death Penalty: A Reinterpretation Of The Duquesne Poll Data, Milton Rokeach, D. Daniel Mclellan

Duquesne Law Review

In Witherspoon v. Illinois the defendant asked the court to reverse his conviction by a non-scrupled jury arguing that (1) the jury determining the guilt issue favored the death penalty; (2) those who favored the death penalty were highly authoritarian, dogmatic personalties; and (3) highly dogmatic jurors were "prosecution prone." From these premises, the defendant concluded that his Sixth Amendment guarantee to an impartial jury was denied by the non-scrupled jury determining his guilt because it was "prosecution prone." The Court acknowledged the defendant's first premise when it reversed his death sentence, but rejected the full argument because premises (2) …

Constitutional Law - Right To Travel, Patrick J. Kearney

Duquesne Law Review

The United States Supreme Court has held that state residency requirements for eligibility under federal welfare assistance programs are unconstitutional because they restrict the right to travel.

Shapiro v. Thompson, 89 S. Ct. 1322 (1969).

Administrative Law - Standing And Appealability, Robert S. Bailey

Duquesne Law Review

The Pennsylvania Supreme Court held that an unsuccessful applicant for one of four horse racing licenses which the State Horse Racing Commission was authorized to grant had standing to bring an appeal after the granting of all four authorized licenses by the Commission, and that no abuse of discretion was shown in granting the licenses to the particular licensees.

Man O' War Racing Association v. State Horse Racing Commission, 433 Pa. 432, 250 A.2d 172 (1969).

Wills - Legacies - Stock Splits, William James Mckim

Duquesne Law Review

The Supreme Court of Pennsylvania has held that a legatee is entitled to shares resulting from a stock split which occurred after the execution of a will and codicil but prior to death of testator where testator had disposed of all such stock owned by him at time he wrote the will and codicil.

Marks Will, 435 Pa. 155, 255 A.2d 512 (1969).

A View From The Hill, Thomas L. Hoban

Duquesne Law Review

The Hill is the mound of experience, observations, and reflection resulting from seventy-five years of living, fifty-two years at the law, and thirty-four years as a member of the Common Pleas Court of Lackawanna County, Pennsylvania. Interspersed in these years were almost eight years of active army duty, including combat service in Europe in World Wars I and II.

Constitutional Law - Qualifications Of Congressmen, Elmer S. Beatty

Duquesne Law Review

The Supreme Court of the United States has held that Congress, in judging the qualifications of its members, is limited to the standing qualifications prescribed by the Constitution.

Powell v. McCormack, 89 S. Ct. 1944 (1969).

The Abused Child: Problems And Proposals, Harvey J. Eger, Anthony J. Popeck

Duquesne Law Review

In 1962 a team of physicians led by Dr. C. Henry Kempe identified problem they called "the battered child syndrome." The Kempe study defined the problem as a clinical condition in young children who have received serious physical abuse from a parent or foster parent. Graham Parker, a student of the syndrome, defined the battered child as "one who has suffered serious physical injury in circumstances which indicate it was caused wilfully [sic] rather than by accident." Later students have distinguished the battered or abused child from the neglected child and have begun to inquire into the psychological condition of …

Book Reviews, Ruggero J. Aldisert, Ralph J. Rohner, Isadore E. Binstock

Duquesne Law Review

DISPASSIONATE JUSTICE. By Glendon Schubert.

THE TROUBLE WITH LAWYERS. By Murray Teigh Bloom.

LABOR AND THE LEGAL PROCESS. By Harry H. Wellington.

Books Received

Duquesne Law Review

No abstract provided.

Title Page - Volume 7 (1968-1969)

Duquesne Law Review

No abstract provided.

Status For The Bounty Hunter, ... And Other Recent Developments In Private Antitrust Litigation, John C. Scott

Duquesne Law Review

Sometimes writing about and practicing antitrust law takes me back to the days when I was a Pennsylvania small-town teenager. I recall a definite feeling of embarrassment-even guilt-whenever Bill Prince and I collected the 25-cent and 3-dollar bounties the state paid for every weasel that sampled our trap-line baits and every fox my tireless beagle chased before our sights. First of all, my favorite authors of those days took a very dim view of bounty hunters. And, second, it just didn't seem right to get paid for having so much fun. That feeling comes back to me now once in …

The Legal Quality Of Judicial Decisions, Cornelius F. Murphy Jr.

Duquesne Law Review

In contemporary legal philosophy there has been a notable shift in interest away from a concern with the structural and normative aspects of law towards an analysis of the specific ways legal rules are created, extended, and modified. Law as an abstraction has been replaced by law as a flow of decisions. The newer orientation expresses a widely held belief that "the concept of a legal system has an intimate connection with the nature of the legal reasoning employed in legal argument and judicial decision making.

Antitrust - Merger - Divestiture Action, James S. Curtin

Duquesne Law Review

The Supreme Court of the United States has held that the failing company doctrine cannot successfully be invoked as a defense to an anti-merger action unless defendant establishes both that the acquiring company is the only available purchaser and that there is dim or non-existent hope for reorganization of the failing company through bankruptcy procedures.

Citizen Publishing Company v. United States, 89 S. Ct. 927 (1969).

Books Received

Duquesne Law Review

No abstract provided.

Domestic Relations - Gifts In Contemplation Of Marriage, William C. Costopoulos

Duquesne Law Review

The Supreme Court of New York held that a donor could not recover an engagement ring upon donee's renouncing her intention to marry him, where the contract to marry was void since the donor was already married.

Lowe v. Quinn, 301 N.Y.S.2d 361 (Ist Dep't 1969).

Pennsylvania Experiment In Due Process, Marian Schwalm Furman, James A. Conners Jr.

Duquesne Law Review

The purpose of this paper is to present and describe a unique legislative prescription, an untried approach to the long-standing and vexing problem of insuring that each patient confined in a public mental institution will be insured at least a minimum standard of treatment. Such legislation, embodying the concept of state responsibility for treatment and offering a method for assumption of that responsibility, has been introduced in the 1969-1970 Pennsylvania legislative session.

Extraordinary Relief Of Punitive And Administrative Discharges From The Armed Forces, Peter F. Vaira

Duquesne Law Review

A problem frequently encountered today in general law practice involves an individual who, after having been released from one of the armed services with a discharge in some degree less than the normal honorable discharge, seeks the aid of a lawyer in changing the discharge. The effects of an unfavorable discharge are beyond the scope of this article. It is sufficient to note, however, that a discharge in any degree less than honorable carries a mark of social stigma and, more seriously, often acts as a bar to employment and educational opportunities.

Analysis Of Source - A Commentary On Professor Silving's Sources Of Law, R. W. M. Dias

Duquesne Law Review

"Source" and "source material" of law is the subject-matter of this collection of some of Professor Helen Silving's papers.' It should be remarked at the outset that these papers should have been revised so as to take account of recent writings, without which the book wears a dated air. For instance, no mention is made of Karl N. Llewellyn's The Common Law Tradition, which ought to find a place in any discussion of statute and precedent; instead there are references to his Bramble Bush, published in 1930, which he himself regarded as a tour de force of youth. Nor, …

Grievance Procedures In The Administrative State, Andrew N. Farley

Duquesne Law Review

We have witnessed over the past three years and are now witnessing what some pundits refer to as a "crisis" of confidence in government. I am not inclined to be that dramatic. This is not to say that the tensions we are experiencing are not real. The reality of the events with which we are confronted belies our dream. Regretfully, our intuitive reaction to these tensions is emotional rather than one of critical analysis and constructive thought. Our basic problem is our way of life. Meditation, careful analysis and meticulous planning are but preludes to action. R.G.H. Siu suggests our …

Witherspoon - Will The Due Process Clause Further Regulate The Imposition Of The Death Penalty?, Salvatore J. Cucinotta

Duquesne Law Review

In a society of ever increasing awareness of the importance of the individual and his dignity, it is only natural that such a drastic sanction as the destruction of a human life should fall victim to the closest scrutiny. Today, not only is the imposition of the death sentence decreasing, but so is its ultimate effectuation, due mainly to permissive appeal procedures and executive clemency. Furthermore, capital cases are largely responsible for impeding the effective administration of all other criminal cases because they consume a large portion of the court's time, while the deterrent effect of the death penalty has …

The Development Of Judicial Relief Available To Unions For Employer Violations Of Subcontracting Clauses In The Construction Industry, Daniel W. Cooper

Duquesne Law Review

Agreements between unions and employers in the construction industry often contain clauses designed to limit the subcontracting of work to be done at the construction site; such clauses may either be primary or secondary in nature." The scope of the contractual limitations which a union may impose upon the neutral, secondary employer's right to subcontract work to a primary employer has been a constant source of litigation. In addition, much litigation has involved the question of the tactics which a union may employ in order to obtain and enforce subcontracting clauses.

Torts - Governmental Tort Immunity - Legal Process - Role Of Courts In Modifying The Law, E. Kears Pollock

Duquesne Law Review

The Supreme Court of Nebraska has assumed an active role in eliminating governmental tort immunity by holding that municipal corporations are not immune from tort liability arising out of the operation of motor vehicles, where the prior immunity had not been fixed by specific legislation.

Brown v. City of Omaha, 183 Neb. 430, 160 N.W.2d 805 (1968).

Real Property - Landloard-Tenant - Rent Withholding Act, Stephen G. Walker

Duquesne Law Review

The Pennsylvania Superior Court has held that the Rent Withholding Act does not immunize from eviction tenants who have failed to pay rent into an escrow fund in a timely manner.

The National Council of the Junior Order of United American Mechanics of the United States of North America v. Roberson, 214 Pa. Super. 9, 248 A.2d 861 (1969).

Patents - Patentable Subject Matter, E. Kears Pollock

Duquesne Law Review

The Court of Customs and Patent Appeals has held that the mere fact that elements of a claimed method for the reduction of data may be accomplished using the mind or a general purpose digital computer properly programmed does not invalidate the claim as a process within the meaning of 15 U.S.C. § 101. The court has further raised substantial doubt as to the unpatentability of "mental step" claims generally and has applied the distinction of functions occurring in nature being accomplished by methods outside nature to mental functions.

In re Prater, United States Court of Customs and Patent Appeals, …

Book Reviews, John W. Whelan, Daniel C. Turack, Rita M. Kopp, James G. Dunn

Duquesne Law Review

GOVERNMENTAL REORGANIZATIONS: CASES AND COMMENTARY. Edited by Frederick C. Moshe.

THE CHANGING LAW OF NATIONS: ESSAYS ON INTERNATIONAL LAW. By Josef L. Kunz.

THE BOOM IN GOING BUST: THE GROWING SCANDAL IN PERSONAL BANKRUPTCY. By George Sullivan.

INVISIBLE WITNESS: THE USE AND ABUSE OF THE NEW TECHNOLOGY OF CRIME INVESTIGATION. By William W. Turner.

Books Received

Duquesne Law Review

No abstract provided.