Lee, Christopher T.

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Duquesne Law Review Volume 29 Number 3 The Pennsylvania Issue Article 3 1991 The Pennsylvania Issue: A Reflection Christopher T. Lee Follow this and additional works at: https://dsc.duq.edu/dlr  Part of the Law Commons Recommended Citation Christopher T. Lee, The Pennsylvania Issue: A Reflection, 29 Duq. L. Rev. 443 (1991). Available at: https://dsc.duq.edu/dlr/vol29/iss3/3 This Front Matter is brought to you for free and open access by Duquesne Scholarship Collection. It has been accepted for inclusion in Duquesne Law Review by an authorized editor of Duquesne Scholarship Collection. Duquesne Law ReviewVolume 29, Spring 1991, Number 3The Pennsylvania IssueThe Pennsylvania Issue: A ReflectionThis issue of the Law Review is the first in, what we hope willbecome, a series of issues devoted to discussing Pennsylvania law.Soon after the Editorial Board of Volume 29 assumed office, weasked ourselves in what direction we wanted the Law Review to go.In answering that question, we examined our role in the legal com-munity. The creation of The Pennsylvania Issue reflects our an-swer to those questions.The Pennsylvania Issue provides law professors, judges, attor-neys and students a forum in which to discuss issues facing thePennsylvania judiciary and bar. However, in providing this forum,we have placed no restrictions upon the content and scope of thearticles, save one: the article must discuss Pennsylvania law. Lawprofessors, judges, attorneys, and students are invited to decidewhat topics are appropriate and timely enough to warrant a com-prehensive discussion. In reserving an issue for Pennsylavania top-ics, we hope The Pennsylvania Issue becomes an influential forumin which authors can share ideas with the Pennsylvania judiciaryand bar.This first issue offers a selection of articles that range from thecomprehensive to the provocative. In the lead article, David B.Torrey, Editor-in-Chief of Volume 23 of the Duquesne Law Re-view, provides a technical and exhaustive discussion of the rules ofevidence under the Pennsylvania Workmen's Compensation Act.The Pennsylvania IssueMr. Torrey's article provides the workmen's compensation practi-tioner a definitive source of the "blackletter" rules of evidence forworkmen's compensation hearings. In addition, his article ad-dresses the theoretical principles and policies underlying the rulesof evidence.Mary K. Kennedy, on the other hand, examines the quality oflife of an unborn infant and what rights he has against his motherfor prenatal injuries resulting from substance abuse duringpregnancy.This issue also presents five student pieces. The PennsylvaniaLegislature recently passed another measure to attack hostile take-overs of Pennsylvania corporations. Michael Marshall provides anexcellent analysis of the probable effect of the Act on all the par-ties associated with a hostile takeover attempt. Mr. Marshall con-cludes that the Act may have gone too far in protecting the officersand directors of poorly-managed corporations.The second article discusses how Pennsylvania permits a suit tobe commenced by a writ of summons. Unfortunately, the standardPennsylvania writ fails to provide a defense practitioner with suffi-cient information to ascertain removability of the action to federalcourt. Jon Perry and Daniel Taylor address this problematic situa-tion and provide practitioners with guidance when faced with thisdilemma. Additionally they ask for a judicial or legislative responseto help eliminate problems in this area.In addition to the new anti-takeover legislation, Pennsylvaniawas at the forefront in passing a new auto insurance law when itenacted Pennsylvania House Bill 121. Christopher Hasson andMichael Nerone address two issues presented in the Act: first party"bad faith" and the "limited tort option." Mr. Hasson discusseswhat is perhaps the most controversial aspect of the new law: firstparty bad faith. Mr. Nerone provides a comprehensive discussionof the limited tort option, a potentially drastic change in tort law.Both students endeavor to provide clarification of these topics forpractitioners and to provide guidance to courts interpreting theAct in the certain court challenges to come.Jeffrey Murray discusses the numerous of theories available to asubcontractor when the general contractor fails, for one reason oranother, to pay the subcontractor for completed work. Mr. Murraypoints out the liability the owner or lender may owe because of thegeneral contractor's breach of contract.Finally, Michael Revness examines the law regarding the right ofa landlord to use self-help to evict a tenant. Mr. Revness concludesVol. 29:4434441991 A Reflection 445that the present law fails to provide the landlord a clear and timelyremedy to recover his property. Additionally, Mr. Revness appealsto the legislature to amend the present Landlord-Tenant Act toprovide for a speedier remedy. To that end, he provides sugges-tions the legislature may consider in examining this cloudy area ofthe law.Whether The Pennsylvania Issue is a valuable forum, and conse-quently should be continued, remains to be determined. Such isthe mystery of an endeavor like this. Nevertheless, we hope wehave provided a strong foundation for something that will becomea long tradition for the Duquesne Law Review.Christopher T. LeeEditor-in-Chief

The Pennsylvania Issue: A Reflection

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The Pennsylvania Issue: A Reflection

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