Periodical Summaries - 2002
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.