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Full-Text Articles in Law
Title Page - Volume 21, 1982-1983
Table Of Contents - Volume 21, Number 4, Summer 1983
Table Of Contents - Volume 21, Number 4, Summer 1983
Duquesne Law Review
No abstract provided.
A Response To Sherk: Chagrin Without Despair And Hope Without Presumption, William A. Donaher
A Response To Sherk: Chagrin Without Despair And Hope Without Presumption, William A. Donaher
Duquesne Law Review
This article examines defense of misuse under Pennsylvania strict product liability law in light of the Pennsylvania Supreme Court's recent decision in Sherk v. Daisy-Heddon. The author criticizes the plurality opinion and suggests that the approach taken by the dissent represents the ideal in strict product liability law.
Trademarks: Protection Of Merchandising Properties In Professional Sports, David M. Kelly
Trademarks: Protection Of Merchandising Properties In Professional Sports, David M. Kelly
Duquesne Law Review
The application of sports trademarks is a multi-million dollar business. Because this market is so lucrative, a great amount of counterfeiting exists. This comment discusses several problems encountered by the sports trademark owner when attempting to enforce trademark rights against infringers. The first obstacle is the contention that the trademark is functional, and thus not a valid trademark. Secondly, courts often require direct evidence of "infringement" through the production of consumer surveys. After a review of the pertinent case law, the author concludes that functionality in any form should not preclude protection of sports trademarks and that the sports trademark …
Obscenity, Cable Television And The First Amendment: Will Fcc Regulation Impair The Marketplace Of Ideas, George P. Faines
Obscenity, Cable Television And The First Amendment: Will Fcc Regulation Impair The Marketplace Of Ideas, George P. Faines
Duquesne Law Review
One of the most controversial issues in modern communications law is whether the Federal Communications Commission's power to regulate "indecent" program content extends to cable television. This comment summarizes the history of the Commission's regulation of broadcasting and explains how cable television, due to its distinct nature, fails to fit within this regulatory scheme. The author concludes that any attempt to regulate "indecent" programming must abide by the Supreme Court's obscenity guidelines and that cable television's potential for improving the range of communications will never be realized unless the FCC maintains a "hands off" approach toward cable TV program content
The Dual Capacity Doctrine In Products Liability Cases In Pennsylvania, Patricia C. Perry
The Dual Capacity Doctrine In Products Liability Cases In Pennsylvania, Patricia C. Perry
Duquesne Law Review
Worker's compensation statutes limit recovery by employees, for injuries occurring in the course of employment, to the benefits of the statute. The dual capacity doctrine in products liability cases allows recovery against the employer, as a manufacturer of a defective product, beyond worker's compensation recovery. This comment explores the possibility of acceptance of the dual capacity doctrine in light of the implications of a recent Pennsylvania Supreme Court decision.
Controlling Violence In Professional Sports: Rule Reform And The Federal Professional Sports Violence Commission, Ronald A. Dinicola, Scott Mendeloff
Controlling Violence In Professional Sports: Rule Reform And The Federal Professional Sports Violence Commission, Ronald A. Dinicola, Scott Mendeloff
Duquesne Law Review
This article addresses the problem of violence in sports and assesses the inability of the traditional legal mechanisms of tort and criminal law to control this violence. The authors also examine the major schemes to stem sports violence that have been considered by Congress. Finally, the authors propose the control of violent behavior through legislatively mandated rule reforms enforced by a Federal Professional Sports Violence Commission.
The Necessity Of Granting A Cause Of Action To An Unborn Viable Fetus Under The Pennsylvania Wrongful Death And Survival Acts, Regis Myles Mcclelland
The Necessity Of Granting A Cause Of Action To An Unborn Viable Fetus Under The Pennsylvania Wrongful Death And Survival Acts, Regis Myles Mcclelland
Duquesne Law Review
The majority of state courts have granted a cause of action to an unborn viable fetus under their state wrongful death and/or survival acts. This comment offers a comparison of the various state court decisions and provides a critique of the recent Pennsylvania Supreme Court Opinion in Scott v. Kopp. The author concludes that the present Pennsylvania position is incongruous with the realities of modern medicine, the overwhelming weight of authority, and Pennsylvania tort law. As a result, Pennsylvania is compelled to grant a cause of action to an unborn viable fetus under the Pennsylvania wrongful death and survival …
Constitutional Law - Fourteenth Amendment - Right To Treatment - Involuntarily Committed Mental Patients, Kimberly J. Gallagher
Constitutional Law - Fourteenth Amendment - Right To Treatment - Involuntarily Committed Mental Patients, Kimberly J. Gallagher
Duquesne Law Review
The United States Supreme Court has held that an involuntarily committed mental patient has constitutionally protected liberty interests in personal safety, freedom of movement, and such minimally adequate treatment as might be required by these liberty interests.
Youngberg v. Romeo, 102 S. Ct. 2452 (1982).
Constitutional Law - First Amendment - Book Removals - School Boards, Sandra Preuhs
Constitutional Law - First Amendment - Book Removals - School Boards, Sandra Preuhs
Duquesne Law Review
The United States Supreme Court has held that removals of books from high school libraries may not be motivated by the political, moral, or social tastes of school board members, or a desire of the board to suppress access to ideas with which they disagree.
Board of Education, Island Trees Union Free School District v. Pico, 102 S. Ct. 2799 (1982).
Tort Law - Private Nuisance - Access To Sunlight - Residential Solar Energy Systems, Mary G. Isban
Tort Law - Private Nuisance - Access To Sunlight - Residential Solar Energy Systems, Mary G. Isban
Duquesne Law Review
The Wisconsin Supreme Court has held that an owner of a solar-heated residence, who alleged that an adjoining neighbor's proposed construction of a residence would interfere with his access to unobstructed sunlight, stated a claim upon which relief could be granted under a theory of private nuisance.
Prah v. Maretti, 108 Wis. 2d 223, 321 N.W.2d 182 (1982).
Constitutional Law - Fourteenth Amendment - Due Process - Police Power - 1980 Divorce Code, Michael G. Winklmann
Constitutional Law - Fourteenth Amendment - Due Process - Police Power - 1980 Divorce Code, Michael G. Winklmann
Duquesne Law Review
The Pennsylvania Supreme Court has held that a retroactive application of the equitable distribution provisions of the 1980 Pennsylvania Divorce Code is permissible and not violative of the United States or Pennsylvania constitutions.
Bacchetta v. Bacchetta, 498 Pa. 227, 445 A.2d 1194 (1982).
Table Of Cases - Volume 21, 1982-1983 [Index]
Table Of Cases - Volume 21, 1982-1983 [Index]
Duquesne Law Review
No abstract provided.
Constitutional Law - Supremacy Clause - Authority Of An Independent Federal Regulatory Agency To Preempt - Application Of State Mortgage Law To Federal Savings And Loan Associations - Due-On-Sale Clause, Craig S. Heryford
Duquesne Law Review
The Supreme Court of the United States has held that the Federal Home Loan Bank Board's regulation of the use of due-on-sale clauses by federal savings and loan associations is preemptive of conflicting state law.
Fidelity Federal Savings & Loan Association v. de la Cuesta, 102 S. Ct. 3014 (1982).
Comments - Titles - Volume 21, 1982-1983 [Index]
Comments - Titles - Volume 21, 1982-1983 [Index]
Duquesne Law Review
No abstract provided.
Articles - Titles - Volume 21, 1982-1983 [Index]
Articles - Titles - Volume 21, 1982-1983 [Index]
Duquesne Law Review
No abstract provided.
Recent Decisions - Titles Volume 21, 1982-1983 [Index]
Recent Decisions - Titles Volume 21, 1982-1983 [Index]
Duquesne Law Review
No abstract provided.
Articles - Authors - Volume 21, 1982-1983 [Index]
Articles - Authors - Volume 21, 1982-1983 [Index]
Duquesne Law Review
No abstract provided.
Subject Matter Index To Volume Xxi, 1982-1983
Subject Matter Index To Volume Xxi, 1982-1983
Duquesne Law Review
No abstract provided.
Cases Noted - Volume 21, 1982-1983 [Index]
Where Lies Prophecy?, Bruce Ledewitz
Where Lies Prophecy?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Comments - Titles - Volume 31 (1992-1993)
Panel Discussion [Comments]
Duquesne Law Review
Moderator: The Honorable Ruggero J. Aldisert Panelists: Daniel I. Booker William C. Zifchak Robert A. King Harold J. Datz
Criminal Law - Constitutional Law - Fourth Amendment - Search And Seizure - Valid And Invalid Search Warrant - Redaction, Julie Alexa Strauss
Criminal Law - Constitutional Law - Fourth Amendment - Search And Seizure - Valid And Invalid Search Warrant - Redaction, Julie Alexa Strauss
Duquesne Law Review
The United States Court of Appeals for the Third Circuit has held that evidence seized pursuant to a search warrant which contains both valid and invalid clauses may result in severance of the warrant in order to suppress only that evidence seized pursuant to the invalid clauses, preserving for admissibility the validly seized evidence.
United States v. Christine, 687 F.2d 749 (3d Cir. 1982).
Pennsylvania No-Fault Act: The Need For Interpretive Consistency, George N. Stewart
Pennsylvania No-Fault Act: The Need For Interpretive Consistency, George N. Stewart
Duquesne Law Review
On July 19, 1975, the Pennsylvania No-fault Act became effective and radically altered the traditional tort scheme applicable to victims of motor vehicle accidents. The author explores the most controversial aspect of the Act, the partial abolition of tort liability. Attention is focused on two contested grounds for recovery: recovery of punitive damages by a victim of a drunken driver and recovery of work loss benefits by the estate of a deceased victim. The author discusses the inconsistent judicial constructions of the abolition section and concludes that a victim injured by a drunken driver is not entitled to punitive damages …
Title Page And Masthead - Volume 21, 1982-1983
Title Page And Masthead - Volume 21, 1982-1983
Duquesne Law Review
No abstract provided.
Title Page - Volume 22 (1983-1984)
Municipal Corporations - Governmental Immunity - Tort Liability - Negligence, Robin Graziano
Municipal Corporations - Governmental Immunity - Tort Liability - Negligence, Robin Graziano
Duquesne Law Review
The New York Court of Appeals has held that the actions of a city and county in holding out the 911 number as a number to be called by someone in need of emergency assistance, the plaintiff's placing of a telephone call in reliance on that holding out, and the plaintiff's further reliance on the assurance that help was on its way, created a duty on the part of the city and county to respond to plaintiff's plea for help in a nonnegligent fashion.
DeLong v. Erie County, 89 A.D.2d 376, 455 N.Y.S.2d 887 (1982).
Introduction, Daniel I. Booker
The Employment-At-Will Rule: The Development Of Exceptions And Pennsylvania's Response, Dolores Jacobs Krawec
The Employment-At-Will Rule: The Development Of Exceptions And Pennsylvania's Response, Dolores Jacobs Krawec
Duquesne Law Review
The .employment-at-will rule, which permits termination of employment without cause, has been the subject of controversy since its inception. Until recently, however, the rule has been strictly construed against the employee. The author discusses the current trend in the courts to liberalize the rule by developing good faith and public policy exceptions. After a general historical review and an analysis of the exceptions recognized thus far by the courts, the author concentrates on Pennsylvania law, both common and statutory. The author concludes that the judiciary should adopt a broad public policy exception and suggests a statutorily based "good cause" requirement.