A Much-Needed Change in
Pa. Constitution, Lancaster New Era/Intelligencer J./Sunday News,
2004 WL 61529216, November 3, 2004, Russell E. Eshleman: editorial
proposes constitutional amendment to clarify succession if Pennsylvania
governor leaves office in light of the Jubelier litigation.
Legislators Eye Gas Tax Boost to Save Mass Transit,
Pittsburgh Post-Gazette, Local News, October 6, 2004, Bill Toland: story
describes negotiations in the General Assembly to use gasoline taxes
to fund mass transit in the context of the Article VIII, section 11 restriction
on the use of gasoline taxes--"used solely for construction, reconstruction,
maintenance and repair of and safety on public highways...."--contained
in the Pennsylvania Constitution.
Gaming Board Appointee; As It's Written, Go by the
Book, Philadelphia Inquirer, A10, October 4, 2004: this editorial
calls upon the Pennsylvania Supreme Court to reconsider the Commonwealth
Court's determination of Representative Coy's appointment to the gaming
board, urging a plain-language interpretation of Article II, section
6.
Another Loser Gaming Shouldn't Trump the State Constitution,
Pittsburgh Post-Gazette, A16, September 28, 2004: editorial cites Article
II, section 6 in discussing Representative Coy's appointment to the gaming
board, finding fault with the Commonwealth Court's determination that
the appointment does not violate the constitutional provision. Editorial
complained that the court's interpretation "found lawyerly complexity
in commonsensical clarity".
Attention Shoppers: Politicking in Aisle One,
The Legal Intelligencer, 8, September 27, 2004, Alan Nochumson: article
discusses the rights of malls under different state constitutions to
restrict or prohibit political solicitation inside the mall. The author
concludes that Pennsylvania allows a mall to limit or prohibit entirely
any political activity in some circumstances, but not if there is a symbiotic
relationship or sufficient nexus between the mall and the government.
Keystone Opportunity Zones: From Boon to Boondoggle
in Three Easy Steps, 9/13/2004 Pa.L.Wkly. S4, Stuart F. Ebby:
the author criticizes as possibly unconstitutional the expansion oftax-free
development zones from impoverished areas to prime Philadelphia real
estate.
Pittsburgh High Court Gets Case of City's Last X-Rated
Theater, Pittsburgh Post-Gazette, Local News, September 23, 2004,
Associated Press: reports on the oral argument in the Pennsylvania
Supreme Court concerning Pittsburgh's efforts to condemn the Garden
Theater--the city's only X-rated movie theater. The theater is arguing
that the closure violates Article I, section 7 and the First Amendment.
Attorney General Sues to Block Gaming Board Pick,
Pittsburgh Post-Gazette, September 7, 2004, Bill Toland: reports on lawsuit
by Attorney General Jerry Pappert to block appointment of state Representative
Jeffrey Coy to the new gaming control board that will oversee installation
of slot machines at 14 sites in Pennsylvania. Attorney General Pappert
maintains that the appointment contravenes Article I, section 6 of the
Pennsylvania Constitution, which provides in part
Frightening Forecast of Powerlessness, Patriot-News,
July 21, 2004 (2004 WL 57764604): criticizing allegedly unconstitutional
procedures through which legislation authorizing legalized gambling passed
in the General Assembly.
Backers of Medical Malpractice Reform Lose Round One
But They're Not Out Yet; Legislators Vowed to Introduce a Bill that
Paves the Way for Caps in All Civil Actions, 27 PLW 825 (2004):
story describes plans of proponents of caps on non-economic tort damages
to proceed with constitutional amendment language in the next session
of the General Assembly.
Twisted Path: Lack of Hearings on Slots Bill Meant
that Flaws were Ignored, Patriot-News (2004 WL 57763596): editorial
criticizes procedures through which recent slot machine legislation
was passed.
Terminal Politics Legislative Committees Kill Malpractice
Reform, Pittsburgh Post-Gazette, July 5, 2004 (2004 WL 84793332):
editorial criticizes the Pennsylvania Legislature for failing to pass
legislation proposing a Pennsylvania constitutional amendment allowing
caps on non-economic damage in medical malpractice cases. Because proposed
constitutional amendments must be passed in two consecutive legislative
sessions, and must be advertised halfway through the process, the failure
to act ends the current effort to amend the Pennsylvania Constitution.
Pennsylvania: Multiple Taxes: Three-Fifths Majority
Requirement for Tax Increases Proposed, 6/22/04 STATETAXREV 25
(2004 WL 67017248): reports that a proposed state constitutional amendment
has been introduced in the House of Representatives that would require
a 3/5's majority of both houses of the General Assembly to pass any
tax or license fee increase.
Child Testimony Rules Hit Snag in House, 6/21/2004
PLW 9, Mark Scolforo: legislation to implement Pennsylvania constitutional
amendment allowing child witnesses in certain criminal cases to testify
by videotape or closed circuit television, has stalled in the Pennsylvania
House of Representatives.
Suit Fights Extra Fees on Tax Liens, Pittsburgh
Post-Gazette, June 18, 2004, at B-13, Steve Levin: reports on recently
filed lawsuit in Allegheny County challenging as unconstitutional Act
20, which allows local governments and school districts to "charge
attorney fees during the process of collecting delinquent taxes."
Hog Swill Over a Veto, Patriot News, May 19, 2004 (2004 WL
57757929): editorial criticizes Senate President Pro Tempore Robert
Jubelirer and House Speaker John M. Perzel for suing Governor Ed Rendell
over veto of hog regulation bill.
Lawyers Don't Have the Same Rules as Schnooks, The Allentown
Morning Call, April 9, 2004, at B1 (2004 WL 74200616): Paul Carpenter:
editorial column criticizing authority of Pennsylvania Supreme Court
over lawyer and judge discipline, arguing for more stringent regulation.
Rooney Says His Gun Control Bill Is "Reasonable",
The Allentown Morning Call, March 30, 2004, at B1 (2004 WL 74199382):
Paul Carpenter: editorial column criticizing proposed state legislative
ban on "assault weapons" as a violation of the people's Pennsylvania
constitutional right "to bear arms in defense of themselves".
Pennsylvania's Income Tax: A Different Kind of Animal,
Lancaster New Era/Intelligence J./Sunday News, March 29, 2004 (2004 WL
61499711): Patti S. Spencer, explains the constitutional basis for the
current form of the Pennsylvania Income Tax.
Caps on Damages in Med Mal Suits Passed, State Senate
Placing Limits on Pain and Suffering Awards, The Legal Intelligencer,
March 11, 2004, Levy Marc: this is just one of the many articles that
have been recently written discussing the fact that the Senate passed
legislation amending the Pennsylvania Constitution, now to go to the
House of Representatives, to allow limits on pain and suffering damages
in medical malpractice suits
Pennsylvanians Won't Feel Pinch from Court Ruling,
The Allentown Morning Call, February 26, 2004, Christina Gostomski: story
states that Pennsylvania will not be affected by a recent United States
Supreme Court opinion allowing states to deny public money to students
studying theology. (Locke v. Davey, 124 S.Ct. 1307 (2004).
Ferret Out Felons Before Elections, Pa.'s Process is
Too Arbitrary and Needs Fixing, The Philadelphia Inquirer, February
5, 2004, Bob Martin: reports on the effort of Montgomery County District
Attorney Bruce L. Castor, Jr., to remove Conshohocken Borough Councilman
Pete Cianci from office for a past felony conviction pursuant to Article
II, section 7 of the Pennsylvania Constitution. www.philly.com/mld/inquirer/news/opinion/local2/7879095.html
Senate Seeks to Ease Insurance Burdens, 26 PLW
1413: reports that the House has passed a resolution to amend the Pennsylvania
Constitution that would eventually enable lawmakers to impose a cap on
medical malpractice damages, but must be passed by the full Legislature
in two consecutive two-year sessions and approved by voters in a statewide
referendum that could be held no earlier than 2005.
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