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Table Of Contents - Volume 15, Number 1, Fall 1976

Duquesne Law Review

No abstract provided.

Title Page - Volume 15 (1976-1977)

Duquesne Law Review

No abstract provided.

Awareness Of Confinement For False Imprisonment: A Brief Critical Comment, Sheldon H. Nahmod

Duquesne Law Review

The First Restatement of Torts § 42 made plaintiff's awareness of confinement a condition of defendant's liability for false imprisonment. Influenced by Prosser, the Second Restatement eliminated the awareness requirement in cases involving actual harm. The author asserts that the present § 42 misses the essential point that the affront of confinement itself is worthy of redress.

Compensability Of Stress Heart Attacks In Pennsylvania, Charles F. Quinn

Duquesne Law Review

This article reviews the 1972 amendments to the Pennsylvania Workmen's Compensation Act and recent judicial decisions to determine whether employees may recover for heart attacks precipitated by work-related physical or emotional strain. The author proposes that the evolving standards for compensability of injuries are broad enough to include stress heart attacks.

Federal Taxation Of Corporate Unifications: A Review Of Legislative Policy, Ulysses S. Crockett Jr.

Duquesne Law Review

Throughout most of the twentieth century, federal tax laws have permitted nonrecognition of gain in specified corporate reorganizations. This article traces the legislative history of the nonrecognition provisions and discusses some of their resulting economic effects. The author concludes that present tax treatment of mergers and other corporate unifications needs congressional reexamination.

Debt Collection Practices: The Need For Comprehensive Legislation, William Richard Carroll

Duquesne Law Review

The debt collection process is subject to abuse by creditors who attempt to obtain repayment of their loans by harassing debtors. After exploring the common law and statutory remedies available to Pennsylvania debtors for redress of abuses, the author discusses proposed state and federal legislation and suggests that a comprehensive scheme is necessary for debtor protection.

Constitutional Law - Procedural Due Process - Quasi In Rem Jurisdiction - Foreign Attachment, Jane Green Davis

Duquesne Law Review

The Third Circuit Court of Appeals has held the Pennsylvania foreign attachment statute violative of fourteenth amendment procedural due process and has established minimum standards for a constitutional statute.

Jonnet v. Dollar Savings Bank, 530 F.2d 1123 (3d Cir. 1976).

Constitutional Law - Right Of Privacy - Sodomy Statutes - Supreme Court Summary Affirmance, Leslie Larkin Cooney

Duquesne Law Review

The United States Supreme Court has affirmed without opinion the decision of a three judge district court validating a state's right to criminalize sexual acts between consenting homosexuals carried out in the privacy of the home.

Doe v. Commonwealth's Attorney, 403 F. Supp. 1199 (E.D. Va. 1975), aff'd mem., 425 U.S. 901 (1976).

Table Of Contents - Volume 15, Number 2, Winter 1976-77

Duquesne Law Review

No abstract provided.

Section 1983 And The New Supreme Court: Cutting The Civil Rights Act Down To Size, Joseph P. Caracappa

Duquesne Law Review

Section 1983 of the Civil Rights Act has evolved into a major provision safeguarding the rights of persons aggrieved by official conduct. In an effort to assess whether § 1983 will retain its expanded viability, this comment examines several cases recently decided by the Supreme Court. The author argues that there is a discernible trend by the Court to restrict the application and use of § 1983.

Editor's Note

Duquesne Law Review

No abstract provided.

Conciliatory Authority Of The Council Of The League Of Nations, Cornelius F. Murphy Jr.

Duquesne Law Review

Recent history has demonstrated that major power diplomacy has not always promoted peaceful settlement of disputes. There are, however, institutional potentials for conciliation. The author asserts that the Security Council of the United Nations can play a significant role in encouraging pacific settlement of conflicts if it remembers the lessons of the peacemaking efforts of the Council of the League of Nations.

Henry W. Seney - 1931-1976, Alfred S. Pelaez

Duquesne Law Review

No abstract provided.

Evidence - Impeaching Credibility - Prior Sexual Experience, Marcia Webb

Duquesne Law Review

The Superior Court of Pennsylvania has held it impermissible to question a rape victim about her prior sexual experience for the purpose of impeaching her credibility.

Commonwealth v. Crider, 361 A.2d 352 (Pa. Super. 1976).

Rights Of Secured Creditors In Returned And Repossessed Goods Under The Uniform Commercial Code: A Study Of Section 9-306(5), Richard A. Lord

Duquesne Law Review

Section 9-306(5) of the Uniform Commercial Code determines priorities among secured creditors when goods are returned or repossessed. Having developed a sales and return model utilizing the Code section, the author analyzes court decisions involving § 9-306(5) and concludes that difficulties in the application of the provision have been compounded by judicial attempts to avoid troublesome areas.

Pennsylvania Waiver Doctrine In Criminal Proceedings: Its Application And Relationship To The Ineffective Assistance Of Counsel Claim, R. Jeffrey Behm

Duquesne Law Review

The Pennsylvania Supreme Court in Clair rejected the fundamental error doctrine in criminal proceedings, ruling that it will not hear on appeal issues which have not been properly preserved. After examining the scope of the waiver doctrine and requirements for preserving an issue, this comment questions the circumvention of the doctrine by ineffective assistance of counsel claims.

Federal Procedure - Jurisdiction - Unconstitutional Administration Of State Tax Laws - Tax Injunction Act, John K. Heisey

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that a state remedy designed to provide relief for aggrieved taxpayers on an individual basis is not "plain, speedy and efficient" within the meaning of the Tax Injunction Act when plaintiffs need and seek class-wide relief from racially discriminatory assessment of property taxes.

Garrett v. Bamford, 538 F.2d 63 (3d Cir.), cert. denied, 97 S. Ct. 485 (1976).

Criminal Law - Rape - Sufficiency Of Evidence To Support Conviction - Corroboration Of Complainant's Testimony, Constance A. Hill

Duquesne Law Review

The District of Columbia Court of Appeals had held that corroboration of a mature complainant's testimony is no longer required to sustain a conviction for rape, abrogating its corroboration rule.

Arnold v. United States, 358 A.2d 335 (D.C. Ct. App. 1976) (en banc).

Constitutional Law - Fourteenth Amendment - Due Process - Deprivation Of Children's Rights - Civil Commitment, Zelda Curtiss

Duquesne Law Review

The United States District Court for the Eastern District of Pennsylvania has held that a juvenile is entitled to procedural due process protection, including a probable cause hearing and a post-commitment hearing, when his parents commit him to an institution.

Bartley v. Kremens, 402 F. Supp. 1039 (E.D. Pa. 1975), vacated and remanded, 45 U.S.L.W. 4451 (U.S. May 16, 1977).

Labor Law - Norris-Laguardia Act - Sympathy Strikes - Injunctions, George C. Werner

Duquesne Law Review

The Supreme Court of the United States has held that the Norris-LaGuardia Act prohibits a federal district court from enjoining a sympathy strike, notwithstanding arbitration provisions and an express no-strike clause in the collective bargaining agreement, since the strike is not over a grievance which the parties agreed to submit to arbitration.

Buffalo Forge Co. v. United Steelworkers, 96 S. Ct. 3141 (1976).

Bank Loan Participations As Securities: Notes, Investment Contracts, And The Commercial/Investment Dichotomy, Stephen Jurman

Duquesne Law Review

The author addresses the issue of whether a bank loan participation is a security within the coverage of the federal securities laws. Criticizing the concept of a commercial/investment dichotomy used by courts to resolve the question, the commentator proposes that congressional or Supreme Court clarification of "investment," "investors," and the status of bank financing under the acts is needed.

Attorney-Client - Unauthorized Practice Of Law - Independent Negotiation Of Claims By Public Casualty Adjuster, Thomas J. Santone

Duquesne Law Review

The Supreme Court of Pennsylvania has held that a licensed public casualty adjuster who independently negotiates claims on behalf of third parties is an unauthorized practitioner of law whose practice can be enjoined.

Dauphin County Bar Association v. Mazzacaro, 351 A.2d 229 (Pa. 1976).

Labor Law - Public Employment Relations - Act 195, Phyllis J. Palascak

Duquesne Law Review

The Supreme Court of Pennsylvania has held that interns, residents, and clinical fellows are not employees under Pennsylvania's Public Employe [sic] Relations Act and therefore are not entitled to bargain collectively with their employers.

Philadelphia Association of Interns & Residents v. Albert Einstein Medical Center, 369 A.2d 711 (Pa. 1976).

Securities Acts - Antifraud Provisions - Pension Plans - Sale Of Security, Donald J. Harrell

Duquesne Law Review

The United States District Court for the Northern District of Illinois has held that an employee's acquisition of an interest in a union's collectively bargained, defined-benefit pension plan, which was both involuntary and noncontributory, involved the sale of a security subject to the antifraud provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934.

Daniel v. International Brotherhood of Teamsters, 410 F. Supp. 541 (N.D. Ill. 1976).

Constitutional Law - Local Government Action - Standing To Challenge Restrictive Zoning Ordinances, Walter John Rackley

Duquesne Law Review

The Supreme Court of the United States has held that minority nonresidents lack standing to attack a town zoning ordinance where they cannot show that but for the ordinance they could have obtained affordable housing, or that if granted relief they would benefit.

Warth v. Seldin, 422 U.S. 490 (1975).

Medical Malpractice: Informed Consent Cases In "Full-Disclosure" Jurisdictions, David E. Seidelson

Duquesne Law Review

No abstract provided.

Federal Courts - Supervisory Power - Court-Ordered Legislative Apportionment, David R. Johnson

Duquesne Law Review

The Supreme Court of the United States has held that unless there is adequate justification, a federal court-ordered plan for reapportionment of a state legislature must avoid use of multimember districts and achieve population equality with only de minimis variation.

Chapman v. Meier, 420 U.S. 1 (1975).

Elizabeth M. Scheib, Henry J. Mcanulty

Duquesne Law Review

No abstract provided.

A Review Of The Implementation Of The Pennsylvania Equal Rights Amendment, Margaret K. Krasik

Duquesne Law Review

No abstract provided.

Coal Conversion And Amendments To The Clean Air Act, Daniel J. Snyder Iii, Dale L. Worthen

Duquesne Law Review

No abstract provided.