Today, 106 People Across
the Nation Will Join . . . Her Wait for an Organ Transplant, But Only
68 Will Receive One, York Daily Record, December 16, 2003, at
B1 (2003 WL 61526565): Scot Celley: article discusses the problems
of receiving an organ transplant. It also discusses what can be done
to ensure more organ donors. The article notes that "There is
a current bill in the General Assembly that would give tax breaks to
businesses that allow their employees time off to donate organs." However,
State Representative Steven Nickol states that this bill would violate
the Pennsylvania Constitution's uniformity clause.
The Mystic Vapor Can be Discerned Only by Lawyers,
The Allentown Morning Call, December 14, 2003 (2003 WL 70886545): Paul
Carpenter: article questions the Supreme Court holding that lawyers are
exempt from state ethic laws. The author questions where in the Constitution
it says that lawyers do not need to follow specific laws but instead,
the Supreme Court has exclusive right to regulate lawyers. In response
to this article, an individual wrote an opinion article stating
that under the Pennsylvania Constitution, the Supreme Court has the exclusive
authority to regulate the practice of law. (Opinion, Pennsylvania
Lawyers have Rules and Regulations, 2003 WL 67665962, The Allentown
Morning Call, December 6, 2003.)
Pennsylvania High Court Says School Testing May be
Illegal, 12/11/03 DRUGDR 186 (2003 WL 69628166): article discusses
the constitutional issues of drug testing in schools and states that
the right guaranteed by the Pennsylvania Constitution is more protective
of students than the Fourth Amendment.
Judge Allows Ballot Question on Child Testimony,
The Allentown Morning Call, November 1, 2003, at A18, (2003 WL 64727505):
story of efforts to block vote on constitutional amendment that passed
on December 4, 2003, allowing closed circuit television for child sex
abuse cases.
We All Pay When Awards are Too High - Reform of Jury
Awards, York Daily Record, October 26, 2003, (2003 WL 61524353):
letter by two State Senators, Jeff Piccola and Jake Corman, defending
proposed Pennsylvania constitutional amendment to allow legislature
to limit non-economic damages.
Court Side with Amish in Fight Against Triangles,
Pittsburgh Post Gazette, October 23, 2003, at C3 (2003 WL 64508383):
Joe Mandak: discusses court ruling allowing small Amish sect to refrain
from using orange reflective triangles on their buggies. [Note: same
article was also run in the Patriot-News, 2003 WL 3222077.]
Electing Judges: The New Freedom - A Candidate's Views
on Abortion, Torts, 26 The National Law Journal 8: Emily Heller:
discusses effect of U.S. Supreme Court decision allowing judicial candidates
to discuss their general views on political and legal issues in context
of Pennsylvania Supreme Court Race.
Fee Caps Challenged in Worker's Compensation Cases,
Fisher Moves to Dismiss Lawyer's Claim Under Rooker-Feldman Doctrine,
26 PLW 1243, Shannon Duffy: this article discusses the suit filed by
Attorney Larry Pitt, alleging that the amendments to Pennsylvania's
Worker's Compensation Act, that "require approval by a worker's
compensation judge for any lawyer's fee that exceeds 20 percent of
the claimant's award" is unconstitutional. Attorney Pitt argues
that the amendments violate "the Pennsylvania Constitution because
they effectively delegate judicial power to the legislative and executive
branches."
Game Official May Not Enter Open Field Marked by Sign,
Pennsylvania Constitution Requires Search Warrant Even Though Federal
Law Doesn't, 26 PLW 1037, Michael Riccardi: the Common Pleas Court
of Clinton County court determined (in a consolidated appeal under
the caption of Commonwealth v. Edwards) that the Pennsylvania
Constitution, Article 1, section 8, has a greater protection of private
property than guaranteed under the Fourth Amendment of the US Constitution.
The court relied on Article I, section 8, of the Pennsylvania Constitution
in determining that a "state game official must first secure a
search warrant before entering an open field on private property marked
by a 'no trespassing' sign".
Voters to Get Second Look at Child Witness Video Testimony,
The Legal Intelligencer, September 16, 2003: Melissa Nann: article discusses
proposed constitutional amendments on the ballot November 4, 2003. One
amendment changes the wording of Article I, section 9, from "face-to-face" right
of confrontation to the right to confront witnesses. The other amendment
would grant the Legislature the authority to legislate testimony and
deposition by closed circuit television in child sex abuse cases.
Too Many Strikes Against Pennsylvania Gun Laws,
Allentown Morning Call, September 7, 2003, at A25, T.J. Rooney: discusses
the difficulties, including state constitutional protection of the right
to bear arms, in passing gun safety legislation in Pennsylvania.
The Unwinnable Impeachment, Pittsburgh Post-Gazette,
August 31, 2003, at B1 (2003 WL 55969383), Professor Ken Gormley: comments
on the recent effort to impeach Mayor Tom Murphy.
Editorial, Patriot News, August 26, 2003, at A08:
celebrating life of Robert N.C. Nix, Jr., the first African American
Justice to Chief Justice in Pennsylvania history, who died over the weekend
August 23-24, 2003.
State Aid for Public Transportation Caught in a Time
Warp, Pittsburgh Post-Gazette, May 26, 2003, Brian O'Neill: discusses
the possibilities of a dedicated public transit revenue source in light
of Article VIII, section 11, which limits the uses of gasoline taxes
and license and registration fees to "construction, reconstruction,
maintenance and repair of and safety on public highways...and expenses
incident thereto... ."
Are We Growing Smarter? A Look At Local Land Use and Environmental
Regulation, Legal Intelligencer, April 7, 2003, Samantha Corson:
discusses options for local government to regulate land use against
background of Article I, section 17, of the Pennsylvania Constitution.
Pennsylvania Prison Society v. Schweiker, Pennsylvania Law
Weekly, April 7, 2003, Digests of Recent Opinions US District Court:
discusses federal court litigation challenging the 1997 amendment to
the composition and processes of the Pennsylvania Board of Pardons,
Article IV, section 9.
Jubelirer Proposal Alters Vacancy Laws After Catching Fire for
Serving Two Branches, Senator Pursues Change, by Martha Raffaele,
The Associated Press, (Appearing in May 14, 2003, Ctr. Daily Times
5): article reports on a proposed State constitutional amendment
submitted by Senate President Pro Tempore Robert Jubelirer that would
change the way midterm vacancies for Lieutenant Governor are filled.
Proposed Amendment Seeks Damages Cap, Legal Intelligencer,
January 29, 2003, Jennifer Batchelor: article discusses in great detail
a proposed Pennsylvania constitutional amendment allowing a damages
cap. The amendment was introduced by Senator Jake Corman, R-Centre,
and Senator Jeffrey Piccola, R-Dauphin.
The New Chief Justice: Cappy to Use Power of Persuasion to Rebuild
Consensus on High Court, Pennsylvania Law Weekly, January
27, 2003, Christopher M. Lilienthal: Profile of the new Chief Justice Ralph
C. Cappy; and Zappala Took State Judiciary Into 21st Century,
Pennsylvania Law Weekly, January 20, 2003, Christopher M. Lilienthal:
on the occasion of Chief Justice Stephen A. Zappala's retirement.
DA Studies whether Convictions Bar Udin from Office, Pittsburgh
Tribune-Review, Andrew Conte, January 28, 2003: story reports on fitness
of Pittsburgh City Council member to remain in office under Article
II, section 7.
Opening Day at the Capitol, New State Legislators Take the Oath
of Office, Pittsburgh Post-Gazette, Johnna A. Pro, January 8,
2003 (2003 WL 3880085): in addition to reporting on the swearing of
new members of the Pittsburgh legislative delegation, the story reported
that Jake Wheatley had obtained an expungement of his criminal record
in Michigan, thereby rendering moot any Article II, section 7, challenge
to his office.
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