Kirk W. Junker, "Reading Attitude
in the Constitutional Wish", 14 S.Cal.Interdis.L.J. 1 (Fall,
2004): Professor Junker invokes principles of literary criticism to
discuss techniques of reading constitutional provisions that express "wish" as
opposed to positive law. One important provision is the Pennsylvania
Constitution's Environmental Amendment, which has yet to result in
a successful lawsuit.
Dionne E. Anthon, Unconventional Decisions: Challenging the Use
of Hotel Taxes in Convention Center Projects, 7 U. Pa. J. Const.
L. 533 (November, 2004): examines Pennsylvania constitutional law concerning
the constitutionality of hotel taxes to fund convention centers.
John Gedid, "Pennsylvania's Declaration of Rights. ..",
10/11/2004 PLW 5: focuses on Pennsylvania Constitution's influence on
the federal Bill of Rights and the various sources of change in the Pennsylvania
Constitution.
The Honorable Peter Paul Olszewski, Sr., Who's Judging Whom? Why
Popular Elections are Preferable to Merit Selection Systems, 109
Penn St. L. Rev. (Summer 2004): This senior judge of the Superior Court
defends Pennsylvania's (and most states') use of popular election for
judges. He cites provisions in different Pennsylvania constitutions
as he discusses the history of the practice in Pennsylvania.
Erwin C. Surrency, The Transition from Colonialism to Independence,
46 Am. J. Legal Hist. 55 (January, 2004): Professor Surrency discusses
how states reformed the English model of government and body of law during
this transition. Pennsylvania, in particular, changed the criminal law
and demonstrated a distrust of the executive.
J Richard C. Demarco, Expansion of Non-Conforming Uses in Pennsylvania,
An Issue of Due Process, 5/24/2004 Pa. L. Wkly. S6: discusses
current state of the law.
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Howard J. Bashman, Unpublished Opinions should be Allowed to be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prohibiting citation of unpublished opinions recently reaffirmed by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.
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