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Title Page - Volume 34 (1995-1996)
Table Of Contents, Volume 34, Issue 2, Winter 1996
Table Of Contents, Volume 34, Issue 2, Winter 1996
Duquesne Law Review
No abstract provided.
The Impact Of Sociological Jurisprudence On International Law In The Inter-War-Period: The American Experience, Samuel J. Astorino
The Impact Of Sociological Jurisprudence On International Law In The Inter-War-Period: The American Experience, Samuel J. Astorino
Duquesne Law Review
Two visions of world order clashed dramatically in the period between World War I and World War II. One vision advocated the position that if there were an agreement on the meaning and function of law, perhaps it then would be possible to build a world order based on the obligations of law instead of force. The other vision advocated that if there were a realistic understanding of the inadequacies or impossibilities of international law, perhaps it then would be possible to build a stable world order based on a realistic political concept of force. This article examines how the …
Adr In The Federal Courts: Would Uniformity Be Better?, John Maull
Adr In The Federal Courts: Would Uniformity Be Better?, John Maull
Duquesne Law Review
This article analyzes the alternative dispute resolution ("ADR") programs implemented by federal district courts, pursuant to the Civil Justice Reform Act. It considers whether Congress should impose ADR uniformity in the federal system or whether Congress should continue to allow district courts to experiment with ADR. The article proposes a solution to this question, which balances the autonomy of district court ADR programs and the preservation of core federal values. The article also examines how ADR impacts indigent litigants and suggests that the federal system reevaluate its approach toward indigents and ADR.
Supervisor Liability Under Title Vii: A "Feel Good" Judicial Decision, Clara J. Montanari
Supervisor Liability Under Title Vii: A "Feel Good" Judicial Decision, Clara J. Montanari
Duquesne Law Review
No abstract provided.
Constitutional Law - Criminal Procedure - Habeas Corpus - Reaching The Merits Of Successive And/Or Abusive Petitions, James J. Turocy
Constitutional Law - Criminal Procedure - Habeas Corpus - Reaching The Merits Of Successive And/Or Abusive Petitions, James J. Turocy
Duquesne Law Review
The United States Supreme Court held that showing that a constitutional violation probably resulted in the conviction of one who is actually innocent will allow a court to reach the merits of a habeas corpus petition otherwise barred as successive and/or abusive.
Schlup v. Delo, 115 S. Ct. 851 (1995).
Administrative Regulations - Medicare - Medicare Provider Reimbursement Manual - Defeasance Losses, Eugene A. Vittone Ii
Administrative Regulations - Medicare - Medicare Provider Reimbursement Manual - Defeasance Losses, Eugene A. Vittone Ii
Duquesne Law Review
The United States Supreme Court held that the Secretary of Health and Human Services is not bound to apply generally accepted accounting principles in calculating the amount which health care providers should receive under Medicare for reimbursement of bond defeasance losses.
Shalala v. Guernsey Memorial Hospital, 115 S. Ct. 1232 (1995).
Trademark Law - Lanham Trademark Act Of 1946 - Trademark Registration, Richard W. James
Trademark Law - Lanham Trademark Act Of 1946 - Trademark Registration, Richard W. James
Duquesne Law Review
The United States Supreme Court held that when a color meets the ordinary requirements of a trademark, there is no special rule preventing color alone from serving as a trademark.
Qualitex Co. v. Jacobson Products Co., 115 S. Ct. 1300 (1995).
Standard Of Review Under The Fifth Amendment Equal Protection Component: Adarand Expands The Application Of Strict Scrutiny, Terrence M. Lewis
Standard Of Review Under The Fifth Amendment Equal Protection Component: Adarand Expands The Application Of Strict Scrutiny, Terrence M. Lewis
Duquesne Law Review
No abstract provided.
Suicide And The Request For Assisted Suicide Meaning And Motivation, Herbert Hendin
Suicide And The Request For Assisted Suicide Meaning And Motivation, Herbert Hendin
Duquesne Law Review
No abstract provided.
Old Folks On The Slippery Slope: Elderly Patients And Physician-Assisted Suicide, Marshall B. Kapp
Old Folks On The Slippery Slope: Elderly Patients And Physician-Assisted Suicide, Marshall B. Kapp
Duquesne Law Review
No abstract provided.
The "Right To Die" In America: Sloganeering From Quinlan And Cruzan To Quill And Kevorkian, George J. Annas
The "Right To Die" In America: Sloganeering From Quinlan And Cruzan To Quill And Kevorkian, George J. Annas
Duquesne Law Review
No abstract provided.
From Benevolent Administration To Government Employee Inventions, Human Genomes, And Exclusive Licensing: Is Governmental Ownership Of Patents Constitutional?, Thomas Lizzi
Duquesne Law Review
No abstract provided.
Taxation - Internal Revenue Code - Waiver Of Sovereign Immunity, Paul H. Minton
Taxation - Internal Revenue Code - Waiver Of Sovereign Immunity, Paul H. Minton
Duquesne Law Review
The United States Supreme Court held that a nontaxpayer has standing to bring a tax refund action under the Internal Revenue Code and that the term "taxpayer" in the Internal Revenue Code is not limited to the party assessed a tax.
United States v. Williams, 115 S. Ct. 1611 (1995).
Table Of Contents, Volume 34, Issue 3, Spring 1996
Table Of Contents, Volume 34, Issue 3, Spring 1996
Duquesne Law Review
No abstract provided.
Curtis V. Kline: The Pennsylvania Supreme Court Declares Act 62 Unconstitutional - A Triumph For Equal Protection Law, Vincent A. Cirillo
Curtis V. Kline: The Pennsylvania Supreme Court Declares Act 62 Unconstitutional - A Triumph For Equal Protection Law, Vincent A. Cirillo
Duquesne Law Review
In response to the Pennsylvania Supreme Court's decision in Blue v. Blue, Pennsylvania's General Assembly enacted a college support law, "Act 62." In Curtis. v. Kline, the supreme court was called upon to review the legislation that it had ostensibly solicited in Blue. Commanding a sudden halt to the escalating dispute, the court declared Act 62 unconstitutional on equal protection grounds. This article on the Curtis decision begins with an account of the unfolding college support law in Pennsylvania and the foreshadowing of Act 62. The article reviews the supreme court's decision and offers alternative views on …
Recent Developments In Pennsylvania Law
Conference Proceedings: Science And The Law, John E. Murray
Conference Proceedings: Science And The Law, John E. Murray
Duquesne Law Review
No abstract provided.
Constitutional Law - First Amendment - Freedom Of Speech, Shaye R. Mandle
Constitutional Law - First Amendment - Freedom Of Speech, Shaye R. Mandle
Duquesne Law Review
The United States Supreme Court held that Florida Bar rules prohibiting attorneys from using direct mail to solicit personal injury or wrongful death clients within thirty days of an accident are constitutional and do not violate an attorney's First Amendment rights.
Florida Bar v. Went For It, Inc., 115 S. Ct. 2371 (1995).
Table Of Contents, Volume 35, Number 1, Fall 1996
Table Of Contents, Volume 35, Number 1, Fall 1996
Duquesne Law Review
No abstract provided.
Suffering, Compassion, And Dignity In Dying, Courtney S. Campbell
Suffering, Compassion, And Dignity In Dying, Courtney S. Campbell
Duquesne Law Review
No abstract provided.
The Promised End - Physician-Assisted Suicide And Abortion, George J. Annas
The Promised End - Physician-Assisted Suicide And Abortion, George J. Annas
Duquesne Law Review
No abstract provided.
Constitutional Law - Fifth Amendment - Fourteenth Amendment - Equal Protection - Standard Of Review - Racial Classifications, Julie A. Ellis
Constitutional Law - Fifth Amendment - Fourteenth Amendment - Equal Protection - Standard Of Review - Racial Classifications, Julie A. Ellis
Duquesne Law Review
The United States Supreme Court held that racial classifications imposed by either federal, state or local governments must be analyzed by a reviewing court using a strict scrutiny standard.
Adarand Constructors, Inc. v. Pena, 115 S. Ct. 2097 (1995).
Title Page - Volume 34 (1995-1996)
Tax Exemption For Pollution Control Devices In Pennsylvania, Kirk W. Junker
Tax Exemption For Pollution Control Devices In Pennsylvania, Kirk W. Junker
Duquesne Law Review
Since 1971, Pennsylvania law has permitted the exemption of corporate assets from capital stock valuation for the purpose of paying capital stock taxes, if the assets are devoted to pollution control or abatement. This article reviews the Tax Reform Code's statutory language, details the problem created because of changing pollution control and abatement technology but unchanging statutes, and reviews the appropriate interpretative methods in an attempt to apply the current statute to today's technology. Further, the article reviews the Pennsylvania Environmental Hearing Board's solution- apportionment-and discusses the federal government's and other states' use of apportionment in their statutes. The article …
Recent Developments In Pennsylvania Land Use Planning, Joseph Sabino Mistick
Recent Developments In Pennsylvania Land Use Planning, Joseph Sabino Mistick
Duquesne Law Review
No abstract provided.
Pennsylvania's Sex Offender Community Notification Law: Will It Protect Communities From Repeat Sex Offenders?, Michael L. Bell
Pennsylvania's Sex Offender Community Notification Law: Will It Protect Communities From Repeat Sex Offenders?, Michael L. Bell
Duquesne Law Review
No abstract provided.
Pennsylvania's Land Recycling Program: Solving The Brownsfields Problem With Remediation Standards And Limited Liability, James W. Creenan, John Q. Lewis
Pennsylvania's Land Recycling Program: Solving The Brownsfields Problem With Remediation Standards And Limited Liability, James W. Creenan, John Q. Lewis
Duquesne Law Review
No abstract provided.
Pennsylvania's Cancellation Of Its Federal Clean Air Act Automobile Emissions Inspection Program: Can Pennsylvanians Now Breathe Easier?, Jonathan C. Parks
Pennsylvania's Cancellation Of Its Federal Clean Air Act Automobile Emissions Inspection Program: Can Pennsylvanians Now Breathe Easier?, Jonathan C. Parks
Duquesne Law Review
No abstract provided.
Tort Law - New Trial Damages - Pain And Suffering, Scott P. Bittner, Joyce A. Hatfield-Wise
Tort Law - New Trial Damages - Pain And Suffering, Scott P. Bittner, Joyce A. Hatfield-Wise
Duquesne Law Review
The Pennsylvania Supreme Court held that a jury's failure to award damages for pain and suffering in a personal injury action where the evidence concerning the plaintiffs injuries is uncontested and the injuries are of the type that common sense dictates involve pain and suffering is shocking to a court's conscience and therefore a new trial is appropriate.
Neison v. Hines, 653 A.2d 634 (Pa. 1995).