Law Commons^™

State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck

Faculty Publications

Religiously motivated civil disobedience in the area of social and human services ministries of religious organizations has become increasingly widespread. With growing governmental involvement in the lives of citizens and moves by federal and state agencies to narrowly confine and define religious activities, it comes as no surprise that conflict over the proper role of the state has crept as well into the arena of social and human services conducted from religious motivation. The current litigation and legislation is principally focused on state regulation by certification or licensing requirements that are expanding from health, fire, and safety concerns into the …

Recovery In Tort For Educational Malpractice: Problems Of Theory And Policy, Robert H. Jerry Ii

Faculty Publications

This Article considers whether denial of a cause of action for educational malpractice is consistent with recognized tort principles and the general policy considerations underlying those principles. After briefly summarizing three lawsuits in which the cause of action has been advocated and rejected, it explores the collision between theory and policy that permeates the decisions. The Article suggests that refusal to recognize the cause of action is incompatible with accepted tort principles, and that a cogent theory supporting nonrecognition cannot be articulated within the confines of the accepted principles and the general policies upon which those principles are based. If …

Title Page - Volume 19 (1980-1981)

Duquesne Law Review

No abstract provided.

Table Of Contents - Volume 19, Number 4, Summer 1981

Duquesne Law Review

No abstract provided.

The Tax Implications Of Corporate Insolvency Under The Bankruptcy Tax Act Of 1980, Douglas Robison

Duquesne Law Review

This issue's lead article is concerned with the provisions of the recent Bankruptcy Tax Act which affect insolvent corporate debtors. The author provides a detailed examination of how the Act interfaces with the Internal Revenue Code and discusses how the Code has been modified. He concludes that, although it is a product of compromise and thus may be faulted for some of its provisions, the Act should be welcomed by tax and bankruptcy practitioners.

Pennsylvania Antitrust Law: What Is The Commonwealth's Policy On Competition, Stephanie G. Spaulding

Duquesne Law Review

Because there is no state antitrust statute in Pennsylvania, it is difficult to ascertain the Commonwealth's policy on restrictive trade practices. The author of this comment looks first to Pennsylvania common law, then to selected Pennsylvania statutes, to determine if there is a clearly enunciated policy on competition. She concludes that Pennsylvania cases and legislation provide little help to the lawyer or business person seeking to determine what is encouraged and what is proscribed.

Constitutional Law - Fourth Amendment - Search And Seizure - Impeachment - Cross-Examination, Francis C. Rapp Jr.

Duquesne Law Review

The United States Supreme Court has held that a defendant witness may be impeached on cross-examination by evidence which is unlawfully obtained and not admissible in the Government's case in chief provided that the questions on cross-examination are reasonably related to matters covered on direct examination.

United States v. Havens, 446 U.S. 620 (1980).

The New Prometheus: Will Scientific Inquiry Be Bound By The Chains Of Government Regulation, David Favre, Matthew Mckinnon

Duquesne Law Review

This article deals with regulation of scientific inquiry and its susceptibility to constitutional protection from government impingement. The authors provide extensive definition and discussion of scientific inquiry and examine two broad bases upon which a constitutional right of scientific inquiry could rest: The first amendment and an as yet unenunciated fundamental right of scientific inquiry.

Constitutional Law - Mootness - Personal Stake - Class Actions, Thomas F. Smida

Duquesne Law Review

The United States Supreme Court has held that an action brought on behalf of a class may be appealed upon expiration of the named plaintiffs substantive claim even though the class certification has been denied.

United States Parole Commission v. Geraghty, 445 U.S. 388 (1980).

Constitutional Law - Police Power - Equal Protection - Voluntary Deviate Sexual Intercourse Statute, Louis Bader

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Pennsylvania voluntary deviate sexual intercourse statute is beyond the valid exercise of the state's police power and is violative of the equal protection clauses of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania.

Commonwealth v. Bonadio, 490 Pa. 91, 415 A.2d 47 (1980).

Constitutional Law - Fourteenth Amendment - Due Process Clause - Civil Rights - Section 1983 - Corporal Punishment, Richard A. Stevens

Duquesne Law Review

The United States Court of Appeals for the Fourth Circuit has held that a public school student severely injured by the use of disciplinary corporal punishment can press substantive due process claims under 42 U.S.C. § 1983 for deprivation of the fourteenth amendment right to bodily security.

Hall v. Tawney, 621 F.2d 607 (4th Cir. 1980).

Title Page - Volume 19 (1980-1981)

Duquesne Law Review

No abstract provided.

Table Of Cases - Volume 19 (1980-1981)

Duquesne Law Review

No abstract provided.

Articles - Authors - Volume 19 (1980-1981)

Duquesne Law Review

No abstract provided.

Articles - Titles/Comments - Titles - Volume 19 (1980-1981)

Duquesne Law Review

No abstract provided.

Subject Matter Index To Volume Xix (1980-1981)

Duquesne Law Review

No abstract provided.

Title Page - Volume 19 (1980-1981)

Duquesne Law Review

No abstract provided.

Table Of Contents - Volume 19, Number 2, Winter 1981

Duquesne Law Review

No abstract provided.

The "Surety" And Article 3: A New Identity For An Old Friend, Raymond A. Noble

Duquesne Law Review

The focus of this article is on the sections of Article 3 of the Uniform Commercial Code that purportedly pertain to sureties. The author examines these sections, and the comments thereto, to determine if they can be reconciled with common-law surety concepts. The operative consideration, he contends, is the existence of a party's "right of recourse," a consideration which most courts, unfortunately, have neglected in their analyses.

Labor Law - Involuntary Retirement - Age Discrimination In Employment Act - Retroactive Application Of Statutes, Andrew C. Siminerio

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that the 1978 amendments to the Age Discrimination in Employment Act are to be applied prospectively because retrospective application would result in manifest injustice.

Sikora v. American Can Co., 622 F.2d 1116 (3d Cir. 1980).

Labor Law - National Labor Relations Act - Managerial Employees - University Faculty, Mary F. Dombrowski

Duquesne Law Review

The United States Supreme Court has held that full-time faculty members at Yeshiva University are managerial employees excluded from the protections of the National Labor Relations Act.

NLRB v. Yeshiva University, 444 U.S. 672 (1980).

Torts - Negligent Supervision - College Liability - Student Intoxication Injury, Rita Mankovich Irani

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that a college has no liability for prima facie negligence when students consume alcohol at an off-campus, college sponsored, extracurricular activity which results in student injury.

Bradshaw v. Rawlings, 612 F.2d 135 (3d Cir. 1979), cert. denied, 100 S. Ct. 1836 (1980).

Criminal Proceedings - Plea Bargaining, Scott W. Reid

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that an unconsummated plea agreement cannot be enforced absent detrimental reliance.

Virgin Islands v. Scotland, 614 F.2d 360 (3d Cir. 1980).

Title Page - Volume 19 (1980-1981)

Duquesne Law Review

No abstract provided.

Table Of Contents - Volume 19, Number 3, Spring 1981

Duquesne Law Review

No abstract provided.

Medical Malpractice Litigation: Alternatives For Pennsylvania, Cathy J. Jones

Duquesne Law Review

The medical malpractice crisis of the last decade produced legislative responses in several states, including Pennsylvania. Pennsylvania's malpractice act was declared unconstitutional by the Pennsylvania Supreme Court, however, and the state's malpractice arbitration system now shows little potential for dispute resolution. The author examines the Pennsylvania statute-and the reasons for its demise-as well as the performance of several alternative methods currently functioning in other states. She concludes that the most promising option for Pennsylvania is a system of voluntary binding arbitration.

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Duquesne Law Review

The author of this article examines and dispels the frequently cited account that the provisions against sex discrimination in Title VII of the Civil Rights Act of 1964 were created as a Congressman's joke or as an attempt to defeat the bill. He analyzes the background of the Smith and Bennett amendments, focusing on the congressional debates as they appear in the Congressional Record. He concludes that the Members of Congress were serious about sex discrimination, and that this seriousness has important implications for the interpretation of Title VII.

Civil Procedure - Federal Rules Of Civil Procedure - Scope Of Rule 3 - Tolling The Statute Of Limitations - Conflict Between Rule 3 And State Tolling Statute, Pamela J. Zepka

Duquesne Law Review

The United States Supreme Court has determined that in a federal diversity action, Rule 3 of the Federal Rules of Civil Procedure is not broad enough to displace an integral state tolling provision for purposes of tolling the state statute of limitations.

Walker v. Armco Steel Corp., 446 U.S. 740 (1980).

Civil Rights - Race Discrimination - Title Vii Of The Civil Rights Act Of 1964 - Res Judicata - Individual Actions Subsequent To Eeoc Actions, John R. O'Keefe

Duquesne Law Review

The United States Court of Appeals for the Fifth Circuit has held that dismissal for failure to comply with the Administrative Procedure Act of a Title VII employment discrimination action brought by the Equal Employment Opportunity Co mission is res judicata as to an individual's subsequent private action based upon the same claim.

Jones v. Bell Helicopter Co., 614 F.2d 1389 (5th Cir. 1980).

Civil Rights - Title Vii Of The Civil Rights Act Of 1964 - Remedies - Tenure Award To Title Vii Complainant, Jane Roberts Cobb

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has ordered a. college to award tenure to a Title VII complainant who was a victim of unlawful disparate treatment.

Kunda v. Muhlenberg College, 621 F.2d 532 (3d Cir. 1980).