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Title Page - Volume 33 (1994-1995)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 33, Number 2, Winter 1995

Duquesne Law Review

No abstract provided.

Return To The Ethics Rules As A Standard For Attorney Disqualification: Attempting Consistency In Motions For Disqualification By The Use Of Chinese Walls, Randall B. Bateman

Duquesne Law Review

For years, courts relied heavily on the ethics rules promulgated by the American Bar Association in determining whether to grant motions for disqualification due to attorney conflicts of interest. Recently, however, courts have begun to acknowledge that the significant changes in the legal profession, in addition to the use of motions for disqualification as a tactical device, have rendered strict application of the Model Code of Professional Responsibility and Model Rules of Professional Conduct impractical and unfair in many cases. This article suggests that rather than fighting the trend towards the sanction of screening defenses by law firms, the American …

Designing And Teaching Advanced Legal Research And Writing Courses, Lucia Ann Silecchia

Duquesne Law Review

As more and more law schools have realized the importance of basic research and writing skills, they have devoted significant resources to improving first-year training in these areas - and rightfully so. However, developments in recent years have caused an explosion in the number of legal research resources with which attorneys must become familiar. At the same time, the bench and bar have expressed consistent dissatisfaction with the research and writing abilities of law school graduates. Taken together, these two trends indicate that providing advanced legal research and writing training is becoming increasingly important. This article explores the issue of …

Implementing Section 112 Of The Clean Air Act - Sound Cancer Risk Reduction Policy Or Chasing A Rat's Tale?, Stephen Yula

Duquesne Law Review

No abstract provided.

Constitutional Law - Fourth And Fifth Amendment - Civil Forfeiture - Due Process Clause, Robert C. Gallo Ii

Duquesne Law Review

The Supreme Court of the United States held that absent exigent circumstances, the Due Process Clause does require the Government to provide notice and a hearing before seizing real property that is subject to civil forfeiture.

United States v. Good, 114 S. Ct. 492 (1993).

Intellectual Property - Copyright Act - Copyright Infringement - Attorney's Fees, Michael Tersillo

Duquesne Law Review

The United States Supreme Court held that attorney's fees are to be awarded to the prevailing party only at the discretion of the court, and that prevailing plaintiffs and prevailing defendants should be treated the same.

Fogerty v. Fantasy, Inc., 114 S. Ct. 1023 (1994).

Constitutional Law - Criminal Procedure - Child Testimony Via Videotape Or Closed Circuit Television - Defendant's Right To Confront Witnesses, Michael L. Bell

Duquesne Law Review

The Supreme Court of Pennsylvania held that a statute allowing children to testify outside the physical presence of a defendant by means of videotape or closed circuit television violates the defendant's constitutional right to confront witnesses face-to-face. The court further held that Article I, section 9 of the Pennsylvania Constitution requires a face-to-face confrontation between a defendant and a witness, and allows exceptions only when the defendant has previously had the opportunity to physically confront and cross-examine the witness.

Commonwealth v. Louden, 638 A.2d 953 (Pa. 1994).

Random Police-Citizen Encounters: When Is A Seizure A Seizure?, Robert J. Burnett

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 33, Number 3, Spring 1995

Duquesne Law Review

No abstract provided.

Title Page - Volume 33 (1994-1995)

Duquesne Law Review

No abstract provided.

Bad Faith Insurance Litigation In Pennsylvania: Recurring Issues Under Section 8371, Tina M. Oberdorf

Duquesne Law Review

In response to the Pennsylvania Supreme Court's refusal to create a cause of action by an insured for bad faith on the part of an insurer in D'Ambrosio v. Pennsylvania National Mutual Casualty Insurance Co., the Pennsylvania General Assembly enacted Section 8371. Section 8371, also known as Pennsylvania's bad faith statute, allows for the award of interest, attorney's fees and punitive damages if the insurer acted in bad faith toward its insured. The potential liability of insurance companies under Section 8371 is enormous. For example, on June 22, 1994, a jury in the United States District Court for the …

Recent Developments In Pennsylvania Death Penalty Law, Bruce Ledewitz

Duquesne Law Review

No abstract provided.

Pennsylvania's Appellate Judges, 1969-1994, Jonathan P. Nase

Duquesne Law Review

This article studies Pennsylvania's appellate bench from January 1, 1969 to August 1, 1994. It lists the judges and president judges in chronological order and offers a statistical analysis examining such issues as how judges assumed the appellate bench, how long they stayed, and why they left. Four themes emerge from the data: Pennsylvania has had many career judges; an overwhelming percentage of Pennsylvania's appellate judges have had certain common characteristics; there have been some significant differences between judges initially appointed to the appellate bench and judges initially elected to that bench; and there have been some significant differences between …

How "Limited" Is Pennsylvania's Limited Liability Company Act?, James M. Ginocchi, Kimberly A. Taylor

Duquesne Law Review

No abstract provided.

Making The Grade - Can Pennsylvania's Private Colleges And Universities Pass The Pennsylvania Supreme Court's Test Of A Purely Public Charity?, Alison T. Fenton

Duquesne Law Review

No abstract provided.

Section 2 Of The Voting Rights Act Of 1965 - Non-Voting Purge Statute, Marc Mellett

Duquesne Law Review

The United States Court of Appeals for the Third Circuit held that Pennsylvania's non-voting purge statute did not deny minorities equal access to the political process.

Oritz v. City of Philadelphia, 28 F.3d 306 (3d Cir. 1994).

Workers' Compensation - Suspension Status To Reinstatement Of Disability Benefits - Claimant's Burden Of Proof, Eric L. Bradley

Duquesne Law Review

The Supreme Court of Pennsylvania held that a claimant need not supply expert medical evidence to establish that a work-related injury continues; instead, once a claimant testifies that a work-related injury continues, the burden of proof shifts to the employer to prove the contrary.

Latta v. Workmen's Compensation Appeal Board (Latrobe Die Casting Co.), 642 A.2d 1083 (Pa. 1994).

Recent Developments In Pennsylvania Law

Duquesne Law Review

No abstract provided.

Taxation - Real Estate Tax Exemption - Purely Public Charities, Jonathan C. Parks

Duquesne Law Review

The Supreme Court of Pennsylvania held that a private nursing home that has a significant number of Medicare/ Medicaid patients qualifies as a purely public charity and is therefore exempt from payment of local real estate taxes.

St. Margaret Seneca Place v. Board of Property Assessment, Appeals & Review, 640 A.2d 380 (Pa. 1994).

Criminal Law - Rape - Forcible Compulsion/Evidence - Admissibility - Rape Shield Law, Eric A. Kauffman

Duquesne Law Review

The Pennsylvania Supreme Court held that where there is a lack of consent, but no showing of physical force, threat of physical force, or psychological coercion, the "forcible compulsion" requirement of the Pennsylvania rape statute is not met.

EVIDENCE-ADMISSIBILITY-RAPE SHIELD LAW-The Pennsylvania Supreme Court held that evidence that a complainant and her boyfriend had argued over her past infidelities was inadmissible under the Rape Shield Law, despite defendant's claim that the evidence demonstrated that the complainant was motivated by her boyfriend's jealousy to accuse the defendant of rape.

Commonwealth v. Berkowitz, 641 A.2d 1161 (Pa. 1994).

Product Liability - Real Property Improvements - Statute Of Repose, Paul R. Naim

Duquesne Law Review

The Supreme Court of Pennsylvania held that manufacturers of defective products that are incorporated by others into improvements to real property are not protected from liability pursuant to the Pennsylvania Statute of Repose.

McConnaughey v. Building Components, Inc., 637 A.2d 1331 (Pa. 1994).

Title Page - Volume 33 (1994-1995)

Duquesne Law Review

No abstract provided.

Table Of Contents, Volume 33, Number 4, Summer 1995

Duquesne Law Review

No abstract provided.

Tort Law - Social Host Liability - Non-Liability Of Minors, Jason G. Bates

Duquesne Law Review

The Supreme Court of Pennsylvania held that there is no liability when a minor furnishes alcohol to another minor who is subsequently injured due to intoxication.

Kapres v. Heller, 640 A.2d 888 (Pa. 1994).

Workers' Compensation - Physical Condition - Disability - Claimant's Burden Of Proof, William B. Pentecost Jr.

Duquesne Law Review

The Supreme Court of Pennsylvania held that a claimant must prove a change in his or her physical condition only in cases where the employer would have to prove the same.

Dillon v. Workmen's Compensation Appeal Board (Greenwich Colliers), 640 A.2d 386 (Pa. 1994).

Newtonian Government: Is The Contract With America Unconstitutional, Christopher J. Soller

Duquesne Law Review

No abstract provided.

The Revised Uniform Partnership Act: An Analysis Of Its Impact On The Relationship Of Law Firm Dissolution, Contingent Fee Cases And The No Compensation Rule, Mark I. Weinstein

Duquesne Law Review

As states debate the wisdom of adopting the Revised Uniform Partnership Act (the "RUPA"), an area that will be closely scrutinized involves partnership dissolution and the No Compensation Rule. In particular, this Article examines the strengths and weaknesses of the existing No Compensation Rule as it impacts on law firm dissolutions and the difficulties encountered over the division of contingent fee cases. This Article supports the RUPA approach, which allows courts to award compensation to departing partners where it is equitable to do so. In addition, the Article provides a suggested standard to be applied under the RUPA concerning whether …

Nlra Preemption Put Simply: Livadas V. Bradshaw, Kevin J. Mckeon

Duquesne Law Review

No abstract provided.

Surrogacy Contracts In The 1990'S: The Controversy And Debate Continues, Susan A. Ferguson

Duquesne Law Review

No abstract provided.