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Title Page - Volume 16 (1977-1978)

Duquesne Law Review

No abstract provided.

Table Of Contents - Volume 16, Number 4, 1977-1978

Duquesne Law Review

No abstract provided.

Law, Language, And Forensic Psychiatry, Lee S. Weinberg, Richard E. Valtz

Duquesne Law Review

Dr. Thomas Szaz, a controversial figure in psychiatry today, attacks the use of a medical model to explain abnormal behavior. The authors analyze Szaz' views and their implications on the issues of the insanity plea, competency to stand trial, the right to medical treatment, involuntary civil commitment, and victimless crimes.

And The Saints Go Marching Out - Rule 1100: Pennsylvania's Implementation Of The Right To A Speedy Trial, Jacqueline Mikula Verney

Duquesne Law Review

An accused's right to a speedy trial has deep roots in our Anglo- Saxon common law and is guaranteed by the Federal Constitution and most state constitutions. Traditionally, whether this right was violated was determined by a balancing test. Pennsylvania has, however, adopted a per se approach, and the author questions whether, in view of the interests the right is intended to protect, such a rule is necessary or wise.

Terry V. Ohio And Power Of Police To Accost Citizens Absent Probable Cause To Arrest: A Critical Look At The Pennsylvania Experience, Joseph P. Caracappa

Duquesne Law Review

In Terry v. Ohio, the Supreme Court held constitutionally permissible the stopping and frisking of individuals on less than probable cause. The Supreme Court, however, has given few specific guidelines, encouraging development of the concept in state and lower federal courts. The author criticizes Pennsylvania's approach, suggesting that Pennsylvania courts have failed to appreciate that a stop-and-frisk is still within the purview of the fourth amendment.

Open Questions In Pennsylvania Criminal Law, Samuel J. Reich, Jay H. Speigel

Duquesne Law Review

The authors explore several areas of criminal law and criminal procedure, specifically, a defendant's right to counsel at line-ups, establishing probable cause with first-time informants, changing venue based on pretrial publicity, impeachment of witnesses through the use of prior convictions, necessity of instructing the jury on manslaughter in homicide cases, retroactive or prospective application of changes in the law, requiring stated reasons for sentences, applying the exclusionary rule in probation and parole revocation proceedings, and the scope of the Brady rule, all of which present questions yet to be resolved by the Pennsylvania Supreme Court.

The Court Psychiatrist: Between Two Worlds, Carol E.R. Bohmer

Duquesne Law Review

A court psychiatrist owes what are often conflicting duties to his defendant-"patient" and the court. The author explores the nature and effect of these role conflicts.

Constitutional Law - Separation Of Powers - Retroactivity - Finality Of Judgements [Note], Vicki C. Thompson

Duquesne Law Review

The Pennsylvania Supreme Court has held statutory provisions requiring the resentencing of finalized marijuana convictions to be unconstitutional interferences with final judicial judgments.

Commonwealth v. Sutley, 378 A.2d 780 (Pa. 1977).

Constitutional Criminal Procedure - Due Process - Change Of Venue - Pretrial Publicity [Note], Edward T. Morriss

Duquesne Law Review

The Superior Court of Pennsylvania has held, sub silentio, that juror prejudice may be presumed and that a change of venue may be required to overcome the effects of pretrial publicity even when such publicity is not inherently prejudicial.

Commonwealth v. Casper, 375 A.2d 737 (Pa. Super. Ct. 1977), rev'd, 392 A.2d 287 (Pa. 1978).

The Copper Platter Doctrine Revisited [Note], George C. Werner

Duquesne Law Review

As the Burger Court continues to reduce the impact of the exclusionary rule as a matter of federal constitutional law, several states have expanded the exclusionary rule as a matter of state law. Federal courts have uniformly admitted in federal criminal trials evidence seized by state police in violation of only the stricter state constitutional standards. The author suggests that in so doing, most federal courts have failed to address the proper issues, completely disregarding state interests.

The Pennsylvania Comparative Negligence Act - An "Alien Intruder In The House Of Common Law", Alfred S. Pelaez, Richard D. Gilardi

Duquesne Law Review

Using the Pennyslvania [sic] legislature's recent enactment of a comparative negligence statute as a vehicle, the author asserts that the courts can and should reevaluate common law concepts as they apply to cases which, although pending at the time of a legislative change in the common law, are not subject to the basically prospective statutory provisions.

Constitutional Law - Legislative Privilege - Federal Common Law Evidentiary Privilege - State Legislators [Note], Linda Osgood Johnston

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that a state legislator has no privilege under federal or state constitutions to demand the quashing of subpoenas duces tecum issued by a federal grand jury regarding legislative documents relevant to allegedly criminal activities, but that a limited federal common law evidentiary privilege may be available to him.

In re Grand Jury Proceedings, 563 F.2d 577 (3d Cir. 1977).

Uti Possidetis And A Pax Palestiniana: A Proposal, Sanford R. Silverburg

Duquesne Law Review

Uti possidetis is a doctrine of international law which, because it recognizes the acquisition of territory by force, has fallen into disuse. Nevertheless, the author suggests that, inasmuch as the doctrine represents the reality in international politics, it can be successfully employed as the starting point for fruitful negotiations leading to a resolution of the Arab-Israeli conflict.

The Union's Duty Of Fair Representation: Group Membership Interests V. Individual Interests, Thomas J. Santone

Duquesne Law Review

The author analyzes the judicial development of the union's duty of fair representation and explores the potentially adverse impact on grievance machinery of reducing the standard for unfair representation to one of "bad performance."

State Regulation Of Branch Banking, Philip Hablutzel

Duquesne Law Review

The author examines the diverse state regulations on branch banking and their effect on federal banks, the concerns which led to these regulations, methods of bypassing these regulations, monopoly and antitrust issues raised by branching regulations, the considerations raised by the similar business of savings and loan associations, and the impact of these regulations on electronic fund transfer systems.

Constitutional Law - Land Use Control - Landmark Preservation, George William Myers Jr.

Duquesne Law Review

The New York Court of Appeals has held that landmark regulation of commercial property is valid provided the landowner is not deprived of all reasonable return from the designated landmark; in determining a reasonable return, the basic value is limited to that worth contributed by the owner's efforts and the return must include any benefit derived from development rights made transferable by the regulation.

Penn Central Transportation Co. v. City of New York, 42 N.Y.2d 324, 366 N.E.2d 1271, 397 N.Y.S.2d 914 (1977), aff'd, 98 S. Ct. 2646 (1978).

Federal Trade Commission - False Advertising - Corrective Advertising Remedy, Marcel Weiner

Duquesne Law Review

The United States Court of Appeals for the District of Columbia has held that the Federal Trade Commission's cease and desist power encompasses corrective advertising orders where past advertisements have played a substantial role in creating and reinforcing a false belief about the product and such belief would linger after the false advertising ceases.

Warner-Lambert Co. v. Federal Trade Commission, 562 F.2d 749 (D.C. Cir. 1977), cert. denied, 98 S. Ct. 1575 (1978).

Constitutional Law - Equal Protection - Aliens' Rights - Participation In Assistance Funds For Higher Education - Standard Of Review, Lawrence Baldasare

Duquesne Law Review

The Supreme Court of the United States has held that a state statute denying resident aliens equal access to higher education assistance funds will be subject to the strict scrutiny standard of review even though the statute neither creates a per se classification nor causes a denial of benefits essential for economic survival.

Nyquist v. Mauclet, 432 U.S. 1 (1977).

Tort Law - Negligence - Fire Hazard - Legal Cause, Martin Singer

Duquesne Law Review

The Supreme Court of Pennsylvania has held that maintaining a dilapidated structure can create a fire hazard and hence may breach a duty owed to adjoining property owners, and if a conflagration erupts, it is for the jury to decide whether that condition constitutes the legal cause of the resulting harm.

Ford v. Jeffries, 474 Pa. 588, 379 A.2d 111 (1977).

Antitrust Law - Clayton Act - Offensive Use Of The Pass-On Theory, Carl S. Hisiro

Duquesne Law Review

The Supreme Court of the United States has held that the pass-on theory may not be used offensively by an indirect purchaser against an alleged antitrust violator to prove that the indirect purchaser has been injured within the meaning of section 4 of the Clayton Act.

Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977).

Table Of Cases - Volume 16 (1977-1978) [Index]

Duquesne Law Review

No abstract provided.

Title Page And Masthead - Volume 16 (1977-1978)

Duquesne Law Review

No abstract provided.

Articles - Titles - Volume 16 (1977-1978) [Index]

Duquesne Law Review

No abstract provided.

Comments - Titles - Volume 16 (1977-1978) [Index]

Duquesne Law Review

No abstract provided.

Cases Noted - Volume 16 (1977-1978) [Index]

Duquesne Law Review

No abstract provided.

Subject Matter Index To Volume Xvi (1977-1978) [Index]

Duquesne Law Review

No abstract provided.

Recent Decisions - Titles Volume 16 (1977-1978) [Index]

Duquesne Law Review

No abstract provided.

Taxation - Inclusions In Gross Income - Cash Allowances For State Troopers, Marilyn Kay Josephs

Duquesne Law Review

The United States Supreme Court has held that cash allowances paid to state troopers for meals while on duty must be included in gross income under section 61 of the Internal Revenue Code and cannot be excluded by section 119.

Commissioner v. Kowalski, 434 U.S. 77 (1977).

Title Page And Masthead - Volume 17 (1978-1979)

Duquesne Law Review

No abstract provided.

Constitutional Law - Double Jeopardy - Juvenile Court Procedure - State Exceptions To Master's Proposals, Christine L. Donohue

Duquesne Law Review

The Supreme Court of the United States has held that a Maryland juvenile rule that allows the state to file exceptions to a master's proposed findings and recommendations with a juvenile judge does not violate the double jeopardy clause even though the juvenile judge is free to accept, reject, or modify the proposals or to supplement the record, since the master's hearing and review by the judge constitutes a single proceeding.

Swisher v. Brady, 98 S. Ct. 2699 (1978).