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Title Page - Volume 31 (1992-1993)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 31, Number 1, Fall 1992

Duquesne Law Review

No abstract provided.

Medical Self-Determination: A Call For Uniformity, Thomas Rivosecchi

Duquesne Law Review

No abstract provided.

Cold Body - Hot Assets: Entity And Aggregate Partnership Theories In Conflict; Treatment Of Irc § 751(C) Unrealized Receivables Upon The Death Of A Partner, Richard J. Wood

Duquesne Law Review

The question of proper tax treatment of unrealized receivables of a partnership upon the death of a partner is used as a vehicle to explore the tension between entity and aggregate partnership theories. The death of a partner, and the subsequent disposition of his or her partnership interest, triggers the application of several sections of the Internal Revenue Code. The tax implications that follow such a disposition are examined for the purpose of determining which theory best describes the result required under the Code. Tax theory is then applied to determine how specific partnership unrealized receivables should be taxed consistent …

Child Sexual Abuse: Family Problem Or Crime?, Barbara Jollie

Duquesne Law Review

No abstract provided.

Securities Exchange Act - Breach Of Corporate Fiduciary Duty, Holly Mccann

Duquesne Law Review

The United States Court of Appeals for the Third Circuit ruled that a company that adopted a shareholder's right plan did not violate Section 10(b) of the Securities Exchange Act or Rule 10b-5, since the corporate officers and board members did not omit facts or misinform the public as to any material matter regarding the plan.

Lewis v Chrysler Corporation, 949 F2d 644 (3d Cir 1991).

Dubious Practice? The Storm Over Physician Self-Referrals, Carolyn M. Pengidore

Duquesne Law Review

No abstract provided.

Labor Law - Unfair Labor Practices - Union Trespassing - Employer Private Property Rights, Rebecca Mastrangelo

Duquesne Law Review

The United States Supreme Court has held that an employer who refuses admittance to his property to nonemployee union organizers has not committed an unfair labor practice if alternative means of communicating to the employees are available to the union.

Lechmere, Inc. v NLRB, US , 112 S Ct 841 (1992).

Constitutional Law - Confrontation Clause - Unavailability Of Out-Of-Court Declarant, John E. Mcgrady Iii

Duquesne Law Review

The United States Supreme Court held the Sixth Amendment of the United States Constitution does not require that the prosecution either produce the declarant at trial or the trial court find the declarant unavailable before testimony may be admitted under the spontaneous declaration or medical examination exceptions to the hearsay rule.

Randall D. White v Illinois, ___ US ___ , 112 S Ct 736 (1992

The Public Choice Case Against The Item Veto, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

Reconstructing A Pedagogy Of Responsibility, Barbara L. Bezdek

Faculty Scholarship

No abstract provided.

The Privatization Of Family Law, Jana B. Singer

Faculty Scholarship

No abstract provided.

Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen

Faculty Scholarship

No abstract provided.

An Essay On The Ninth Amendment: Interpretation For The New World Order, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

Intellectual Property Protection Or Protectionism? Declaratory Judgment Use By Patent Owners Against Prospective Infringers, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

The Faces Of Law In Theory And Practice: Doctrine, Rhetoric, And Social Context, Richard C. Boldt, Marc Feldman

Faculty Scholarship

No abstract provided.

"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara L. Bezdek

Faculty Scholarship

No abstract provided.

Silence In The Court: Participation And Subordination Of Poor Tenants' Voices In Legal Process, Barbara L. Bezdek

Faculty Scholarship

No abstract provided.

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds

Faculty Scholarship

No abstract provided.

Judicial Review Of Administration In The People's Republic Of China, Jyh-Pin Fa, Shao-Chuan Leng

Maryland Series in Contemporary Asian Studies

No abstract provided.

Australian Academic Legal Information Centres: Issues For The Law Library Of 2001, Elizabeth Naumczyk

Research Collection Library

By the year 2001, Australian academic law libraries will face different challenges than those of today, especially as an increase in library users and a growth in the volume of legal literature can be confidently predicted. The question is to identify these challenges and to define ways to deal with them. Already, academic libraries with limited and decreasing funds, and under-resourced law schools in Australia, are having difficulty coping with the costs of running law libraries in their present form. A central issue will be the availability of funds to cope with given changes, including how to redirect these funds …

Law Enforcement And Racial And Ethnic Bias, Daniel E. Georges-Abeyie

Florida State University Law Review

No abstract provided.

The Revised Uniform Partnership Act: Some Comments On The Latest Draft Of Rupa, J. Dennis Hynes

Florida State University Law Review

No abstract provided.

Florida's Judicial Merit Selection And Retention System: The Better Alternative, Leander Shaw Jr.

Florida State University Law Review

No abstract provided.

The Natural Resources Law Center: Our First Decade: Informing Natural Resources Decisions, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

[20] p. : ill. ; 28 cm

On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Brief Of Product Liability Advisory Council, Inc., National Association Of Manufacturers, Business Roundtable, And Chemical Manufacturers Association As Amici Curiae In Support Of Respondent, William Daubert And Joyce Daubert, Individually And As Guardians Ad Litem For Jason Daubert, And Anita De Young, Individually And As Gaurdian Ad Litem For Eric Schuller V. Merrell Dow Pharmaceuticals, Inc., Paul F. Rothstein, Victor E. Schwartz, Robert P. Charrow, Scott L. Winkelman, Edward C. Wu, Richard Duesenberg, David F. Zoll, Donald D. Evans, Jan S. Amundson, Edward P. Good

U.S. Supreme Court Briefs

The Federal Rules of Evidence exclude expert scientific testimony when it has been developed without regard for accepted scientific methods.

This case focuses on expert scientific evidence. Such evidence plays a vital and often dispositive role in modern litigation. For scientific evidence to be helpful to the factfinder it must meet some minimal threshold of reliability. To hold otherwise would be to allow a system of adjudication based more on chance than on reason.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Re-Thinking Self-Determination: A Critical Analysis Of Current International Law Theories, Deborah Z. Cass

Syracuse Journal of International Law and Commerce

The aim of this paper is to demonstrate the need to re-think the principle of self-determination by establishing that an undesirable level of uncertainty exists regarding the usage of the term, and to show that a major cause of the confusion is due to the inadequacy of conventional approaches. These objectives will be achieved by identifying and evaluating conflicting approaches toward the meaning of self-determination, proposing an explanation for why the debate has evolved and suggesting which approach best serves the needs of the international community.

1990-91 Survey Of International Law In The Second Circuit, Douglas Hollowell

Syracuse Journal of International Law and Commerce

WARSAW CONVENTION : Victoria Sales Corp. v. Emery Air Freight Inc., 917 F.2d 705 (2d Cir. 1990); Recovery of money damages afforded under article 18 of the Warsaw Convention does not extend to loss of cargo outside the physical boundaries of an airport . In re Air Disaster At Lockerbie, Scotland (Rein v. Pan American World Airways, Inc.), 928 F.2d 1267 (2d Cir.), cert. denied, 112 S. Ct. 331 (1991); Punitive damages are not recoverable under article 17 of the Warsaw Convention even in the case of willful misconduct by an airline. C. Sulewski v. Federal Express Corp., 933 F.2d …