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Title Page - Volume 27 (1988-1989)

Duquesne Law Review

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Table Of Contents, Volume 27, Number 4, Summer 1989

Duquesne Law Review

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An Economic And Constitutional Case For Repeal Of The I.R.C. Section 170 Deduction For Charitable Contributions To Religious Organizations, E. C. Lashbrooke Jr.

Duquesne Law Review

The I.R.C. § 170 deduction for charitable contributions to religious organizations has been in existence since 1917. First amendment issues have been raised concerning the deduction, but challenges have been unsuccessful largely due to the overriding social welfare goal. Professor Lashbrooke examines the purposes and goals of the charitable deduction as a tax expenditure item, and based on economic studies, concludes that the deduction is unnecessary to accomplish the congressional social welfare goal, since contributions to religious organizations are independent of the deduction. Congress thus has an opportunity to extract itself from the constitutional issue without having to directly confront …

An Analysis Of Pennsylvania's Third Generation Anti-Takeover Legislation, Frank Fogl

Duquesne Law Review

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Lost Opportunities And Functional Lives: A Comment On The Potential Contributions Of Religious Metaphors To Professional Identities And Social Development, Alexandar D. Malich

Duquesne Law Review

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Erisa - Welfare Benefit Plan - Garnishment Statutes - Preemption, Leah Davis

Duquesne Law Review

The United States Supreme Court has held that a state garnishment statute which makes explicit reference to ERISA covered benefit plans is preempted by ERISA, but that a state's garnishment procedure which permits the garnishment of a participant's benefits in an ERISA welfare benefit plan is not preempted by ERISA.

Mackey v. Lanier Collections Agency & Service, Inc., 108 S. Ct. 2182 (1988).

Labor Law - Labor Management Relations Act - Preemption, Daniel Pagliari

Duquesne Law Review

The United States Supreme Court has held that an application of state law is preempted by section 301 of the Labor Management Relations Act only if such application requires interpretation of a collective bargaining agreement.

Lingle v. Norge Division, Magic Chef, Inc., 108 S. Ct. 1877 (1988).

Government Liability - Federal Tort Claims Act - Intentional Tort Exception, Gregg Guthrie

Duquesne Law Review

The United States Supreme Court has held that an assault and battery committed by an off-duty government employee is not barred by the intentional tort exception of the Federal Tort Claims Act where other government employees are negligent in failing to prevent the assault and battery.

Sheridan v. United States, 108 S. Ct. 2449 (1988).

Table Of Cases - Volume 27 (1988-1989)

Duquesne Law Review

No abstract provided.

Articles - Authors - Volume 27 (1988-1989)

Duquesne Law Review

No abstract provided.

Comments - Titles - Volume 27 (1988-1989)

Duquesne Law Review

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Cases Noted - Volume 27 (1988-1989)

Duquesne Law Review

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Recent Decisions - Titles - Volume 27 (1988-1989)

Duquesne Law Review

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Subject Matter Index To Volume Xxvii (1988-1989)

Duquesne Law Review

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Title Page - Volume 28 (1989-1990)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 28, Number 1, Fall 1989

Duquesne Law Review

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Choice-Of-Law Problems In Medical Malpractice Actions: Legislative Prescriptions And Judicial Side Effects, David E. Seidelson

Duquesne Law Review

In the middle and late 1970's, a number of state legislatures, reacting to what they perceived to be a medical malpractice "crisis," enacted statutes intended to assure the continuity of affordable medical care. Some of the statutes imposed a ceiling on the damages recoverable in medical malpractice actions. Some created arbitration panels for such actions. Some abrogated the collateral source rule in such actions, and some required plaintiff's counsel to file an affidavit asserting that a qualified expert had reviewed the case and concluded that there had been a deviation from the appropriate standard of care. Some state legislatures apparently …

Government Liability - Federal Tort Claims Act - Discretionary Function Exception, Elizabeth L. Foster-Nolan

Duquesne Law Review

The United States Supreme Court held that the discretionary function exception of the FTCA will not apply when a federal statute, regulation or policy specifically prescribes a course of action for an employee to follow.

Berkovitz v. United States, 108 S. Ct. 1954 (1988).

Employer Liability - Pennsylvania Workmen's Compensation Act - Injured Employee, Peter J. Sheptak

Duquesne Law Review

The Pennsylvania Supreme Court has held that the Dual Capacity Doctrine, which allows an injured employee to sue his or her employer outside of the Workmens Compensation Act, will only apply if the employee was injured while not performing his or her job function.

Heath v. Church's Fried Chicken, 519 Pa. 274, 546 A.2d 1120 (1988).

Constitutional Right To Assistance Of Counsel - Defendant's Ability To Consult Counsel During A Brief Recess Between Direct And Cross-Examination, Thomas Edgington

Duquesne Law Review

The United States Supreme Court announced that the Federal Constitution does not compel every trial judge to allow the defendant to consult with his attorney during the course of a brief recess called during the defendant's testimony.

Perry v. Leeke, 109 S.Ct. 594 (1989).

The Senator And The Constitution: An Interview With Orrin G. Hatch, Ronald K. L. Collins, David M. Skover

UC Law Constitutional Quarterly

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A Fifth Branch Of Government: The Private Regulators And Their Constitutionality, Harold I. Abramson

UC Law Constitutional Quarterly

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Patents On People And The U.S. Constitution: Creating Slaves Or Enslaving Science, Kevin D. Debre

UC Law Constitutional Quarterly

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The Administrative Search From Dewey To Burger: Dismantling The Fourth Amendment, Lynn S. Searle

UC Law Constitutional Quarterly

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A Republic...If You Can Keep It, Hans A. Linde

UC Law Constitutional Quarterly

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The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards

UC Law Constitutional Quarterly

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Voter Standing: A New Means For Third Parties To Challenge The Tax-Exempt Status Of Nonprofit Organizations, Joanne L. Dunec

UC Law Constitutional Quarterly

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Toward An Eclectic Approach To Separation Of Powers: Morrison V. Olson Examined, Keith Werhan

UC Law Constitutional Quarterly

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Lyng V. Northwest Indian Cemetery Protective Association: Government Property Rights And The Free Exercise Clause, S. Alan Ray

UC Law Constitutional Quarterly

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Bowen V. Kendrick: Retreat From Prophylaxis In Church-State Relationships, Alexandra Petrich

UC Law Constitutional Quarterly

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