Louis F. D'Onofrio, A Deadly Constitutional
Mistake: The General Admissibility of Victim Impact Evidence Under
Pennsylvania's Death Penalty Statute, 12 Temp. Pol. & Civ.
Rts. L. Rev. 169 (Fall, 2002): Reviews state constitutional challenges
to victim impact statements in capital sentencing hearings.
Barry J. Clegg, Suspicionless Drug Testing of All Public School
Students Wishing to Participate in Extracurricular Activities: The
United States Supreme Court has held the Process to be Constitutional,
but will the Process Survive Under Article I, Section 8, of the Pennsylvania
Constitution?, 41 Duq.L.Rev. 205, Comment (Fall, 2002): The title
speaks for itself.
Seth F. Kreimer, The Pennsylvania Constitution's Protection of Free
Expression, 5 U. Pa. J. Const. L. 12 (October, 2002): A comprehensive
study of Pennsylvania's constitutional protection of free expression.
This article should obviously be the starting point for research in
this field.
Paul Benjamin Linton, Same-Sex "Marriage" under State
Equal Rights Amendments, 46 St. Louis U.L.J. 909 (Fall, 2002).
Discusses Pennsylvania as one of the States that has an equal rights
amendment. The article was written before In Re Adoption of R.B.F.
and R.C.F., 803 A.2d 1195 (Pa. 2002), see Commentary.
Environmental and Natural Resources Provisions in State Constitutions,
22 J. Land Resources & Envtl. L. 73 (2002). Short discussion of Pennsylvania
constitutional provisions regarding natural resources.
Alex Turner, Symposium: The Role of Labor Unions in the Twenty-first
Century Economy, The Denial of Benefits to the Same-Sex Domestic Partners
of State Employees: How do Claims of Discrimination Fare Outside the
Shadow of ERISA Preemption?, 4 U. Pa.J. Lab. & Employment
L. 669 (Spring, 2002). Discusses constitutionality of local ordinances
barring discrimination based on sexual orientation in light of Article
9, section 2's grant of authority to legislature to preempt local authority.
William G. Frey, Vouchers, Tuition Tax Credits, and Scholarship-Donation
Tax Credits: A Constitutional and Practical Analysis, 31 Stetson
L. Rev. 165 (Winter, 2002). Includes some discussion of whether private
school vouchers might violate Article 3, section 9's prohibition of
appropriations to sectarian institutions.
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