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Full-Text Articles in Law
Introductory Note, Mary Jo Howard Dively
The Growth Of Prison Privatization And The Threat Posed By 42 U.S.C. § 1983, David J. Delfiandra
The Growth Of Prison Privatization And The Threat Posed By 42 U.S.C. § 1983, David J. Delfiandra
Duquesne Law Review
No abstract provided.
Receipt Of A Complaint, Prior To Or Unattended By Formal Service Of Process, Does Not Trigger A Defendant's Thirty-Day Period To Remove A Case: Murphy Brothers, Inc. V. Michetti Pipe Stringing, Inc., D. Troy Blair
Duquesne Law Review
The Supreme Court of the United States held that a named defendant's time to remove an action from state court to federal court, under 28 U.S.C. § 1446(b), is triggered by either simultaneous service of summons and complaint, or receipt of the complaint, through service or otherwise, after and apart from service of the summons, but not by mere receipt of the complaint unattended by any formal service of process.
Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc., 119 S. Ct. 1322 (1999).
Title Page - Volume 38 (1999-2000)
The Standard Pollution Exclusion Clause In Commercial General Liability Insurance Policies Bars Coverage For Personal Injuries Resulting From On-Site Exposure To Pollutants Discharged Within A Construction Envelope: Madison Construction Co. V. Harleysville Mutual Insurance Co., Bryan C. Devine
Duquesne Law Review
The Pennsylvania Supreme Court held that the standard pollution exclusion clause in commercial general liability policies, which bars coverage for the discharge of pollutants, is clear and unambiguous on its face, thereby requiring application of the clause's plain and ordinary meaning to bar coverage for personal injuries caused by exposure to fumes discharged by a useful product within a construction envelope.
Madison Construction Co. v. Harleysville Mutual Insurance Co., 735 A.2d 100 (Pa. 1999).
Plaintiffs Need Not Show Egregious Conduct To Seek Punitive Damages Under Title Vii Of The Civil Rights Act Of 1991: Kolstad V. American Dental Association, Laura A. Maines
Duquesne Law Review
No abstract provided.
Pennsylvania Medical Informed Consent Law: A Call To Protect Patient Autonomy Rights By Abandoning The Battery Approach, Bryan J. Warren
Pennsylvania Medical Informed Consent Law: A Call To Protect Patient Autonomy Rights By Abandoning The Battery Approach, Bryan J. Warren
Duquesne Law Review
No abstract provided.
Cases Noted - Volume 38 (1999-2000)
The Fifteenth Amendment's Prohibition Against State Suffrage Restrictions Based Upon Race Encompasses Ancestral Restrictions That Are Used As Substitutes For Race: Rice V. Cayetano, Tina L. Corcoran
Duquesne Law Review
The Supreme Court of the United States held that State voter eligibility statutes that limit suffrage to only those persons meeting a statutorily defined ancestry are prohibited by the Fifteenth Amendment when the legislative purpose behind the ancestral definition is to treat those defined persons as a distinct people so that ancestry becomes a proxy for race.
Rice v. Cayetano, 120 S. Ct. 1044 (2000).
The Approaching Death Of The Collective Right Theory Of The Second Amendment, Roger I. Roots
The Approaching Death Of The Collective Right Theory Of The Second Amendment, Roger I. Roots
Duquesne Law Review
The notion that the Second Amendment right to bear arms is a collective rather than an individual right has persisted even though it has been buried by scholarly criticism. The author predicts that the collective right theory will finally collapse under the pressure of this scholarly criticism and the historical evidence that such a theory was not contemplated by the Founders when the Constitution and the Bill of Rights were created. According to the author, the federal district court decision in United States v. Emerson may be the impetus for this impending demise.
A Federal Age Discrimination Remedy Violates State Eleventh Amendment Immunity: Kimel V. Florida Board Of Regents, Gregory T. Neugebauer
A Federal Age Discrimination Remedy Violates State Eleventh Amendment Immunity: Kimel V. Florida Board Of Regents, Gregory T. Neugebauer
Duquesne Law Review
The United States Supreme Court held that despite the unmistakably clear intent of Congress to abrogate the states' Eleventh Amendment immunity from private lawsuits, the Age Discrimination in Employment Act's purported abrogation is invalid as it is not an appropriate exercise of the Fourteenth Amendment enforcement power of Congress.
Kimel v. Florida Board of Regents, 120 S. Ct. 631 (2000).
Articles - By Title - Volume 38 (1999-2000)
Recent Decisions - By Title - Volume 38 (1999-2000)
Recent Decisions - By Title - Volume 38 (1999-2000)
Duquesne Law Review
No abstract provided.
Title Page - Volume 38 (1999-2000)
Table Of Contents, Volume 38, Number 2, Winter 2000
Table Of Contents, Volume 38, Number 2, Winter 2000
Duquesne Law Review
No abstract provided.
The New Laws That Will Enable Electronic Contracting: A Survey Of The Electronic Contracting Rules In The Uniform Electronic Transactions Act And The Uniform Computer Information Transactions Act, Mary Jo Howard Dively
The New Laws That Will Enable Electronic Contracting: A Survey Of The Electronic Contracting Rules In The Uniform Electronic Transactions Act And The Uniform Computer Information Transactions Act, Mary Jo Howard Dively
Duquesne Law Review
No abstract provided.
Through The Looking Glass: What Courts And Ucita Say About The Scope Of Contract Law In The Information Age, Raymond T. Nimmer
Through The Looking Glass: What Courts And Ucita Say About The Scope Of Contract Law In The Information Age, Raymond T. Nimmer
Duquesne Law Review
No abstract provided.
Mass Market Transactions In The Uniform Computer Information Transactions Act, Holly K. Towle
Mass Market Transactions In The Uniform Computer Information Transactions Act, Holly K. Towle
Duquesne Law Review
No abstract provided.
School Violence: An Incurable Social Ill That Should Not Lead To The Unconstitutional Compromise Of Students' Rights, Timothy L. Jacobs
School Violence: An Incurable Social Ill That Should Not Lead To The Unconstitutional Compromise Of Students' Rights, Timothy L. Jacobs
Duquesne Law Review
No abstract provided.
Private Insurers Suspending Workers' Compensation Benefits Are Not State Actors And Employee's Medical Treatment Must Be Reasonable And Necessary Before Due Process Attaches: American Manufacturers Mutual Insurance Co. V. Sullivan, Mark A. Nuzzo
Duquesne Law Review
The United States Supreme Court held that private workers' compensation insurers are not converted to state actors merely because the business is subject to extensive state regulation, and due process procedures are not implicated until the employee's property interest attaches by proving the medical treatment was reasonable and necessary.
American Manufacturers Mutual Insurance Co. v. Sullivan, 119 S. Ct. 977 (1999).
Table Of Contents, Volume 38, Number 3, Spring 2000
Table Of Contents, Volume 38, Number 3, Spring 2000
Duquesne Law Review
No abstract provided.
Recent Developments In Pennsylvania Administrative Law, P. Gavin Eastgage
Recent Developments In Pennsylvania Administrative Law, P. Gavin Eastgage
Duquesne Law Review
No abstract provided.
Recent Developments In Pennsylvania Constitutional Law, Jennifer R. Minter
Recent Developments In Pennsylvania Constitutional Law, Jennifer R. Minter
Duquesne Law Review
No abstract provided.
Recent Developments In Pennsylvania Criminal Law, Patrick Carothers, Christopher M. Turak
Recent Developments In Pennsylvania Criminal Law, Patrick Carothers, Christopher M. Turak
Duquesne Law Review
No abstract provided.
Pennsylvania's Manufacturing Exemption To The Capital Stock Tax, When Limited To Manufacturing Within Pennsylvania, Violates The Commerce Clause Ppg Industries, Inc. V. Commonwealth, Craig Haller
Duquesne Law Review
The Pennsylvania Supreme Court held that the Pennsylvania capital stock tax statute allows a corporation operating in Pennsylvania to exempt only the value of capital stock related to manufacturing within Pennsylvania from the computation of its capital stock tax, and, under that interpretation, the manufacturing exemption facially discriminates against interstate commerce.
PPG Industries, Inc. v. Commonwealth, No. 87, 1999 Pa. LEXIS 1734 (Pa. June 17, 1999).
Recent Developments In Pennsylvania Domestic Relations Law, Elana Sbarro
Recent Developments In Pennsylvania Domestic Relations Law, Elana Sbarro
Duquesne Law Review
No abstract provided.
Recent Developments In Pennsylvania Tax Law, James A. Horchak
Recent Developments In Pennsylvania Tax Law, James A. Horchak
Duquesne Law Review
No abstract provided.
Recent Developments In Pennsylvania Tort Law, Patrick Lavelle
Recent Developments In Pennsylvania Tort Law, Patrick Lavelle
Duquesne Law Review
No abstract provided.
The Pennsylvania School Code Requires A School District To Credit Teachers For Past Years Of Service When Placing Those Teachers On A Local Salary Schedule, Sally A. Kane
Duquesne Law Review
The Pennsylvania Supreme Court held that under the essence test, an arbitration award that denied re-hired teachers credit for prior years of service within the same school district for purposes of placement on a district's local salary scale violated the Pennsylvania School Code.
Mifflinburg Area Education Ass'n v. Mifflinburg Area School District, 724 A.2d 339 (Pa. 1999).
Crime, Punishment, And Romero: An Analysis Of The Case Against California's Three Strikes Law, Brian P. Janiskee, Edward J. Erler
Crime, Punishment, And Romero: An Analysis Of The Case Against California's Three Strikes Law, Brian P. Janiskee, Edward J. Erler
Duquesne Law Review
In a well-received study, Crime and Punishment in California: The Impact of Three Strikes and You're Out, Franklin E. Zimring, Sam Kamin, and Gordon Hawkins assert that California's Three Strikes law has failed to deter crime. The authors submit that the study has not provided sufficient statistical evidence to prove that Three Strikes does not deter crime. The authors argue that the statistical methodology employed in the study was flawed, and that this flaw created a distorted view of the deterrent effect of Three Strikes. The authors do not attempt to demonstrate that Three Strikes deters crime; however, they …