Law Commons^™

A Moderate Anti-Abortion View, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Passport Photos And Stays Of Execution, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Victims Of The Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

One Year After Blackwell Many Questions Still Exist, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Habeas Corpus As A Safety Valve For Innocence, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Appropriate Judicial Response To Evidence Of The Violation Of A Criminal Statute In A Negligence Action, David E. Seidelson

Duquesne Law Review

When a court hearing a negligence action is confronted with evidence of violation of a criminal statute, the court often fashions an awkward amalgam of legislative intent and common law concepts in determining such matters as the applicability of the statute to the action before the court and, finding such applicability, factual cause and effect, proximate cause, and contributory negligence. By resolving legislative intent judicially and reserving to the jury only those factfinding functions consonant with the legislative intent, the court can eliminate much of this awkwardness. By asking and intelligently answering three question - (1) Was the victim within …

Antitrust And Hospital Mergers: A Law And Economics Rationale For Exemption, Stephen Paul Paschall

Duquesne Law Review

No abstract provided.

Using A Firearm During And In Relation To A Drug Trafficking Crime: Defining The Elements Of The Mandatory Sentencing Provision Of 18 Usc § 924(C)(1), Michael J. Riordan

Duquesne Law Review

Since 18 USC § 924(c)(1) was revised in 1986, it has been subject to varying interpretations by courts seeking to determine under what circumstances a person during and in relation to a drug trafficking crime uses or carries a firearm. This article provides guidance to the federal courts and practitioners in applying the mandatory five year sentencing provision of section 924(c)(1) as it relates to narcotic crimes.

The Americans With Disabilities Act Of 1990: Burden On Business Or Dignity For The Disabled?, Sandra K. Law

Duquesne Law Review

No abstract provided.

The Robinson-Patman Act: Back Where It Started?, Robert J. Koch

Duquesne Law Review

No abstract provided.

Constitutional Right To Speedy Trial - Pennsylvania Rule Of Criminal Procedure 1100, David Gilmartin

Duquesne Law Review

Commonwealth's failure to monitor court dates constitutes failure of due diligence.

Commonwealth v Browne, 526 Pa 83, 584 A2d 902 (1990).

Strict Liability - Pharmacist Liability In Dispensing Prescription Drugs - Drugs And Narcotics, Sally Apter

Duquesne Law Review

The Pennsylvania Supreme Court has determined that pharmacists cannot be held strictly liable as suppliers of defective products for injuries resulting from prescription drugs.

Coyle v Richardson-Merrell, Inc., ___ Pa ___, 584 A2d 1383 (1991).

Judicial Remedies - Labor Management Relations Act, Deborrah Kaczmarek Beck

Duquesne Law Review

The United States Supreme Court held that collective bargaining agreements, silent as to judicial remedies, cannot be construed to divest the courts of jurisdiction under section 301 of the Labor Management Relations Act.

Groves v Ring Screw Works, ___ US ___, 111 S Ct 498 (1990).

Criminal Law - Search And Seizure - Warrant - Affidavit - Rules Of Criminal Procedure - "Four Corners" Determination Of Probable Cause - Exclusionary Rule - Rejection Of "Good Faith" Exception - Right Of Privacy - Magisterial Neutrality, Louis A. Smith Ii

Duquesne Law Review

Commonwealth v Edmunds, 526 Pa 374, 586 A2d 887 (1991).

Sources Of Injustice In Death Penalty Practice, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Rules Of Evidence Under The Pennsylvania Workmen's Compensation Act: Sources And Theoretical Considerations, David B. Torrey

Duquesne Law Review

The first portion of this article is devoted to exploring the parameters of the application of the evidence rules under the Pennsylvania Act.

Next this article examines various theoretical considerations which better define the parameters of the application of the evidence rules. Among these considerations is the principle of "liberal application" which is applied to the evidence rules in compensation practice.

The second part of this article also examines the practical approach taken by the Pennsylvania Commonwealth Court in analyzing evidence questions arising in workmen's compensation hearings. Finally, this article makes suggestions with respect to guidelines for application of the …

The University's Role Toward Student-Athletes: A Moral Or Legal Obligation, Barbara J. Lorence

Duquesne Law Review

No abstract provided.

Title Page - Volume 29 (1990-1991)

Duquesne Law Review

No abstract provided.

The Voting Rights Act Of 1965: Is It Applicable To State Judicial Elections?, Mark W. Mohney

Duquesne Law Review

No abstract provided.

Recent Decisions - Titles - Volume 29 (1990-1991)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 30, Number 1, Fall 1991

Duquesne Law Review

No abstract provided.

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Title Page - Volume 30 (1991-1992)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 29, Number 2, Winter 1991

Duquesne Law Review

No abstract provided.

Re: The Impracticability Doctrine Of The U.C.C., Stephen G. York

Duquesne Law Review

Traditionally, courts have used a two-prong test to determine if performance of a contract has been made legally impracticable and is thus excusable. This construction of the impracticability doctrine of the Uniform Commercial Code § 2-615 lacks proper basis in the intent of the statute's drafters. A proposed revision of section 2-615 is offered as a fair and efficient alternative to the current statutory language and judicial interpretation. The redrafted version of section 2-615 will promote the commercial norms associated with relational transactions, those contracts typically falling within the impracticability rubric.

Reclaiming Our Roots: Law And Mythology [Essay], Robert D. Taylor

Duquesne Law Review

Law schools offer an array of courses with that all too frequently uninformative word "and" in their titles: Law and Economics; Law and Accounting;, Law and Religion; Law and Literature. I doubt that any common meaning can be found for that little word "and" which would adequately describe the entire menu of courses using it. Instead, it is probable that the meanings concealed in that troublesome word can only be unpacked on a course-by-course basis. For example, does a course in Law and Literature mean that one will be reading in works of literature what has been written about lawyers …

Ancillary Restraints In A Competitive Global Economy: Does The Possibility Exist For An Ancillary Restriction To Be Reasonable In Light Of Section 1 Of The Sherman Act?, Claire E. Trunzo

Duquesne Law Review

No abstract provided.