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Title Page - Volume 20 (1981-1982)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 20, Number 2, Winter 1982

Duquesne Law Review

No abstract provided.

Lee W. Hummel - A Memorial, Jack W. Plowman

Duquesne Law Review

No abstract provided.

Whither State Immunity?: An Assessment Of The Current State Of The Law, Gamal Moursi Badr

Duquesne Law Review

Recent developments in the area of state immunity evidence a substantial influence on the future of the doctrine in international law. The author discusses in detail the European Convention on State Immunity and Additional Protocol of 1972, the United States Foreign Sovereign Immunities Act of 1976, the British State Immunity Act of 1978, and the Singapore State Immunity Act of 1979. He compares the four and makes suggestions about how they have individually and collectively affected the development of the doctrine.

Attorney-Client Privilege - Corporations - Work Product Doctrine - Administrative Summonses, Dolores Jacobs Krawec

Duquesne Law Review

The Supreme Court of the United States, in a unanimous decision, has held that the control group test for determining the applicability of the attorney-client privilege in the corporate context is overly restrictive and that any future application of the privilege must be on a case by case basis. The Court also held that the work product doctrine is applicable to administrative summonses.

Upjohn Co. v. United States, 449 U.S. 383 (1981).

Federal Habeas Corpus Jurisdiction - Child Custody - State Procedures Terminating Parental Rights, Dru Hanna Schoenborn

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that federal habeas corpus is not available to challenge the constitutionality of Pennsylvania's parental rights termination statute.

Lehman v. Lycoming County Children's Services Agency, 648 F.2d 135 (3d Cir.), cert. granted, 102 S. Ct. 89 (1981) (No. 80-2177).

Repetitive Post-Conviction Petitions Alleging Ineffective Assistance Of Counsel: Can The Pennsylvania Supreme Court Tame The "Monster"?, Ronald Michael Benrey

Duquesne Law Review

Pennsylvania's Post Conviction Hearing Act includes several provisions designed to discourage repetitive requests for collateral relief from criminal convictions. According to the author, a series of decisions by the Pennsylvania Supreme Court, culminating in Commonwealth v. Watlington, have weakened these protective measures by making them vulnerable to frivolous allegations of ineffective assistance of counsel. The author examines the leading decisions and discusses the supreme court's recent attempt, in Commonwealth v. Alexander, to provide guidelines to lower courts for dealing with petitions making these allegations. He concludes by proposing a statutory modification to the Post Conviction Hearing Act which …

I.R.C. Section 71: Breaking Up Is Hard To Do, John A. Lynch Jr.

Duquesne Law Review

The author believes that applying the provisions of the Internal Revenue Code governing the tax treatment of payments made incident to separation and divorce has become complicated and unpredictable. In this article, Professor Lynch examines how I.R.C. sections 71 and 215 have developed, given congressional intent, with respect to the definition of an obligation of support, the differentiation between a support obligation and a property interest, and the periodic payment requirement. He concludes with suggestions aimed at simplifying the law with respect to these payments.

42 U.S.C. § 1983 - Exhaustion Of State Administrative Remedies, Joseph H. Chivers

Duquesne Law Review

The United States Court of Appeals for the Fifth Circuit has held that state administrative remedies, where adequate and appropriate, must be exhausted before proceeding with a section 1983 action in a federal court.

Patsy v. Florida International University, 612 F.2d 946 (5th Cir. 1980), vacated on rehearing, 634 F.2d 900 (5th Cir. 1981), cert. granted, 50 U.S.L.W. 3213 (U.S. Oct. 5, 1981) (No. 80-1874).

Wills-Execution, John J. Burns

Duquesne Law Review

The Pennysylvania Supreme Court has held that a signature by a decedent on the portion of a printed will form that is normally used to identify the document when properly folded does not satisfy the statutory requirement that a will be signed at the end thereof.

In re Estate of Proley, 492 Pa. 57, 422 A.2d 136 (1980).

Administrative Law - Evidence - Hearsay - Residuum Rule, George P. Faines

Duquesne Law Review

An equally divided Supreme Court of Pennsylvania has held that uncorroborated hearsay evidence alone can support a factual finding in an administrative hearing if the proponent establishes some foundation for the hearsay's reliability or reliability is apparent on its face.

Unemployment Compensation Board of Review v. Ceja, 493 Pa. 584, 427 A.2d 631 (1981).

Book Reviews, Ruggero J. Aldisert, Edward Dumbauld

Duquesne Law Review

LEGAL REASONING AND LEGAL THEORY By N. MacCormick. Clarendon Press, Oxford (1978). 298 pp.

ON JUSTICE. By J. R. Lucas. The Clarendon Press, Oxford; Oxford University Press, New York, 1980. 264 pp.; index.

Title Page - Volume 20 (1981-1982)

Duquesne Law Review

Dedication: The editorial board and staff of the Duquesne Law Review respectfully dedicate this issue to our retiring Dean - Ronald Ross Davenport.

Table Of Contents, Volume 20, Number 4, Summer 1982

Duquesne Law Review

No abstract provided.

Who Put Out The Lamps: Thoughts On International Law And The Coming Of World War I, Robert A. Friedlander

Duquesne Law Review

The impact of international law on the crisis politics of world order is the subject of this insightful article. The author briefly traces the origins of international law before focusing particularly on the events of the First World War. Although acknowledging that in this instance international law was powerless to alter the course of events leading to the first great international conflict, the author observes that the role of the law was much more significant than most historians credit. International law, the author concludes, offers at least the hope that in future crises the law will influence, rather than be …

Constitutional Law - Eighth Amendment - Fourteenth Amendment - Excessive Bail, Matt Curiale

Duquesne Law Review

The United State Court of Appeals for the Third Circuit has held that the excessive bail clause of the eighth amendment is applicable to the states.

Sistrunk v. Lyons, 646 F.2d 64 (3d Cir. 1981).

Constitutional Law - First Amendment - Commercial And Non-Commercial Speech - Content-Based Regulation - Billboards, Thomas A. French

Duquesne Law Review

The United States Supreme Court has held that a municipal ordinance that prohibits outdoor advertising signs but excepts certain types of commercial and non-commercial messages from its application violates the first amendment.

Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981).

Constitutional Law - Fourteenth Amendment - Due Process Clause - Criminal Law - Identification Procedures, Dennis Glass

Duquesne Law Review

The United States Supreme Court has held that the due process clause of the fourteenth amendment does not compel a state criminal trial court to conduct a hearing outside the jury's presence to determine the admissibility of identification evidence whenever a defendant contends that a witness's identification of him was arrived at improperly.

Watkins v. Sowders, 449 U.S. 341 (1981).

Has The Pennsylvania Superior Court Misread Terry & Adams?, Robert Berkley Harper

Duquesne Law Review

Recent decisions by the Pennsylvania Superior Court relating to fourth amendment search and seizure issues are criticized in this article as being contrary to authoritative decisions of the United States Supreme Court. The author traces the development in the superior court of an intermediate response doctrine, whereby the authority of police officers to stop and frisk suspects on grounds amounting to less than probable cause is greatly enhanced. It is suggested that such authority is at odds with the United States Constitution and thereby poses a threat to the freedom of all citizens of the Commonwealth of Pennsylvania.

Divestiture As A Private Remedy, David S. Wise

Duquesne Law Review

Never in the sixty-eight year history of the Clayton Act has a court compelled a divestiture at the request of a private party, yet the Supreme Court had considered divestiture a primary remedy for Clayton Act violations as early as 1961. The author reviews reasoning that supports and opposes divestiture as a private remedy and concludes that because of the powerful and complex issues of public policy, economics and law involved a legislative response should be awaited.

Declaratory Judgment - Paternity - Unwed Father's Rights, Maria Verardi Mayercheck

Duquesne Law Review

The Pennsylvania Superior Court has held that an unwed father has standing to seek a declaratory judgment regarding whether he is the father of a child born out of wedlock in order to determine his legal rights in relation to the child.

In re Mengel, 287 Pa. Super. 186, 429 A.2d 1162 (1981).

Title Page And Masthead - Volume 20, 1981-1982

Duquesne Law Review

No abstract provided.

Articles - Titles - Volume 20, 1981-1982

Duquesne Law Review

No abstract provided.

Articles - Authors - Volume 20, 1981-1982

Duquesne Law Review

No abstract provided.

Comments - Titles/Cases Noted - Volume 20, 1981-1982

Duquesne Law Review

No abstract provided.

Recent Decisions - Titles - Volume 20, 1981-1982

Duquesne Law Review

No abstract provided.

Habeas Corpus - Federal Courts - Exhaustion Of Remedies In State Courts - Mixed Petitions, George R. Zaiser

Duquesne Law Review

The United States Supreme Court has held that a federal district court must dismiss a state prisoner's habeas corpus petition based on alleged federal constitutional violations when it contains both claims which have been exhausted in the state courts and claims which have not been exhausted; the prisoner may amend or resubmit his petition so that it states only exhausted claims, or return to the state courts with his unexhausted claims.

Rose v. Lundy, 102 S. Ct. 1198 (1982).

Bequests For Masses: Doctrine, History And Legal Status, Nicolas P. Cafardi

Duquesne Law Review

A bequest for Masses is a testamentary gift to a Roman Catholic religious agency, coupled with a request that Masses be celebrated on the decedent's behalf. English courts during the Reformation voided bequests for Masses as illegal and superstitious. Modern courts generally hold them valid as charitable trusts, although poorly drafted bequests can run afoul of state Mortmain, lapse and charitable trust statutes. The author examines the checkered legal history of bequests for Masses and concludes that problems often arise because courts may not understand that a bequest for Masses is not payment for religious services to benefit one person.

Table Of Contents, Volume 20, Number 3, Spring 1982

Duquesne Law Review

No abstract provided.

Education - Federal Statutory Right Of Handicapped Children To An Appropriate Education - Residential Placement, Kathryn L. Bindas

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that a profoundly retarded child has a right to residential placement to obtain appropriate education guaranteed by the Education for All Handicapped Children Act of 1975 even though such placement also meets his social and medical needs.

Krue le v. New Castle County School District, 642 F.2d 687 (3d Cir. 1981).