Marc B. Kaplin and Kevan F. Hirsch, 'Reverse Spot Zoning' to
Permit Development of Open Space, 5/19/2004 Legal Intelligencer
S3: discusses implications of In re: Realen Valley Forge Greene
Assoc. (Pa. 2003).
Howard J. Bashman, Unpublished Opinions should be Allowed to
be Cited, 5/10/2004 Legal Intelligencer 5: critically evaluates
rule prohibiting citation of unpublished opinions recently reaffirmed
by Superior Court in Schaaf v. Kaufmann.
Russell Gerney, Equal Protection Under the Pennsylvania Constitution,
42 Duq. L. Rev. 455 (2004): A full account of equality issues under
the Pennsylvania Constitution.
Ken Gormley, Exploring a European Union Constitution: Unexpected
Lessons from the American Experience, 36 Rutgers L.J. 69 (2003):
An expanded version of a paper by Professor Ken Gormley of Duquesne
Law School, given at a conference in Germany on the Draft Treaty
establishing a Constitution for Europe. Professor Gormley suggests
that the European constitutional experience would benefit from
attention to the American tradition of quasi-autonomous State Constitutions.
Madame Justice Sandra Schultz Newman and Daniel Mark Isaacs, Historical
Overview of the Judicial Selection Process in the United States:
Is the Electoral System in Pennsylvania Unjustified?, 49 Vill.
L. Rev. 1 (2004): This article discusses the history of the judicial
system in Pennsylvania.
Brent E. Troyan, The Silent Treatment: Perpetual In-School Suspension
and the Education Rights of Students, 81 Tex. L. Rev. 1637
(2003): The article cites School District of Wilkinsburg v.
Wilkinsburg Education Association, 667 A.2d 5 (Pa. 1995) for
the proposition that the Pennsylvania Supreme Court recognizes
public education to be a fundamental right under Article III, section
14, of the Pennsylvania Constitution.
Samantha A. Wilcox, Comment -- Presumed Consent Organ Donation
in Pennsylvania: One Small Step for Pennsylvania, One Giant Leap
for Organ Donation, 107 Dick. L. Rev. 935 (Spring, 2003):
Argues, in part, that a presumed consent law would be constitutional
under Pennsylvania and Federal constitutions.
Honorable Thomas G. Saylor, Prophylaxis in Modern State Constitutionalism:
New Judicial Federalism and The Acknowledged, Prophylactic Rule,
59 NYU Annual Survey of American Law 283 (2003): The article by
Justice Saylor discusses the constitutional status of prophylactic
rules in state courts. The article goes beyond immediate applications
and attempts to connect state and federal constitutional theory.
Christopher Lilienthal, Interpreting the Charter School Law
Legal Challenges Fail to Weaken a Controversial Movement in Education,
26 PLW 315 (March 24, 2003): Raises questions about the current
law concerning charter schools in Pennsylvania, including whether
charter schools violate Article III, section 31 of the Pennsylvania
Constitution, which prohibits the delegation "to any special
commission, private corporation or association, any power to make,
supervise or interfere with any municipal [functions]." |