Law Commons^™

Constitutional Law - Interstate Commerce - Dormant Commerce Clause - Municipal Waste Control, Donald R. Palladino

Duquesne Law Review

The Supreme Court of Pennsylvania held that a municipal waste flow control plan violated the Commerce Clause of the United States Constitution because the plan required that all municipal waste generated within the municipality for ten years be disposed of at one of three designated sites.

Empire Sanitary Landfill v. Department of Envtl. Resources, 684 A2d 1047 (Pa. 1996).

Title Page - Volume 36 (1997-1998)

Duquesne Law Review

No abstract provided.

Criminal Law - Rape - Unconscious Victim, Melissa A. Struzzi

Duquesne Law Review

The Supreme Court of Pennsylvania held that a victim is "unconscious" under 18 Pa. Cons. Stat. section 3121(3) even if the victim can remember some details of the rape.

Commonwealth v. Erney, 698 A.2d 56 (Pa. 1997).

Table Of Contents, Volume 36, Number 4, Summer 1998

Duquesne Law Review

No abstract provided.

Erisa Preemption Of Medical Malpractice Claims Against Managed Care Organizations, Julie K. Freeman

Duquesne Law Review

No abstract provided.

Does "Puff" Create An Express Warranty Of Merchantability? Where The Hornbooks Go Wrong, Charles Pierson

Duquesne Law Review

No abstract provided.

Employment Law - Federal Employers' Liability Act, Anthony Lamanna

Duquesne Law Review

The Supreme Court held that an employee who suffered prolonged asbestos exposure could not recover under FELA for negligently inflicted emotional distress unless, and until, the employee had manifested physical symptoms of disease.

Metro-North Commuter R.R. Co. v. Buckley, 117 S. Ct. 2113 (1997,).

Perjury! - The Charges And The Defenses, Richard H. Underwood

Duquesne Law Review

Perjury is the most hotly debated topic in America today. In this witty and instructive article, the author explains what constitutes the crime of perjury, provides examples of how defendants have sometimes avoided conviction, and discusses the impact of federal and state statutes on prosecutors, defendants, witnesses, the judiciary, the legislature, and society.

Constitutional Law - First Amendment - Enforcement Clause - Religious Freedom Restoration Act Of 1993, Melissa M. Furrer

Duquesne Law Review

The United States Supreme Court held that Congress' passage of the Religious Freedom Restoration Act of 1993 violated the Enforcement Clause of the United States Constitution.

City of Boerne v. Mores, 117 S. Ct. 2157 (1997).

Articles - Titles - Volume 36 (1997-1998)

Duquesne Law Review

No abstract provided.

Articles - Authors - Volume 36 (1997-1998)

Duquesne Law Review

No abstract provided.

Subject Matter Index To Volume 36 (1997-1998)

Duquesne Law Review

No abstract provided.

A Tear In The Corporate Veil: The Liability Of Corporate Officers For Patent Infringement, Joseph M. Sauer

Duquesne Law Review

No abstract provided.

Public Schools' Pyrrhic Victories Over Parental Rights, Michael Farris, Bradley P. Jacob

Richmond Journal of Law and the Public Interest

This article explores the historical roots of parental rights in education, and then demonstrates that Professors Uerling and Strope are quite correct when they declare parental rights in public education to be "almost extinct." Next, it examines the stark contrasts between the rights of public school parents and those of parents who choose private and home schooling. Finally, this article suggests that since the constitutionality of educational choice, including choices involving religious schools, has been established beyond any legitimate question, public school advocates and courts should rethink their position concerning parental rights within public education lest they contribute to the …

Revenge And Punishment: Legal Prototype And Fairy Tale Theme, Kimberly J. Pierson

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Mothers Who Kill Their Children, Stuart S. Gordan

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Oncale V. Sundowner Offshore Services: Will Sexual Identity Continue To Regulate Recovery In Title Vii Same-Sex Sexual Harassment Cases?, Saul Greenstein

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Mandatory Hiv Testing For Convicted Or Accused Sex Offenders: Toward A Model Scheme, Kimberly Smith

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Confronting Domestic Violence In Poland, Erin Barclay

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

The Legal Status Of Women In Croatia: A Report On The Activities Of Legaline, A Telephone Service Providing Legal Advice To Women, B.A.B.E.

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

South Africa: Divided Or United By Color - A Detailed Look At The Legal Resources Centre, Lourdes M. Ventura

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Restoring Positive Law And Economics: Introduction To Public Choice Theme Issue, Maxwell L. Stearns

Faculty Scholarship

No abstract provided.

Thirty-Five Years After Gideon: The Illusory Right To Counsel At Bail Proceedings, Douglas L. Colbert

Faculty Scholarship

No abstract provided.

Proxy Consent To Participation Of The Decisionally Impaired In Medical Research - Maryland's Policy Initiative, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Tobacco Litigation's Third Wave: Has Justice Gone Up In Smoke?, David A. Hyman

Faculty Scholarship

No abstract provided.

Reinventing Environmental Regulation Via The Government Performance And Results Act: Where's The Money?, Rena I. Steinzor, William F. Piermattei

Faculty Scholarship

No abstract provided.

Reinventing Environmental Regulation: Back To The Past By Way Of The Future, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Both Edges Of The Margin: Blacks And Asians In Mississippi Masala, Barriers To Coalition Building, Taunya Lovell Banks

Faculty Scholarship

Asians often take a middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls "simultaneous racism," where one racially subordinated group subordinates another. She observes that the experience of Asian Indian immigrants in Mira Nair's film parallels a much earlier Chinese immigrant experience in Mississippi, indicating a pattern of how the dominant power uses law to enforce insularity among and thereby control different groups in a pluralistic society. However, Banks argues that the mere existence of such legal constraints does not excuse the behavior of White appeasement or group insularity among both Asians and …

Commercializing Marriage: A Proposal For Valuing Women's Work Through Premarital Security Agreements, Martha M. Ertman

Faculty Scholarship

No abstract provided.

Reconstructing Marriage: An Intersexional Approach, Martha M. Ertman

Faculty Scholarship

No abstract provided.