Periodical Summaries - 2004
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Howard J. Bashman, Unpublished Opinions should be Allowed to be Cited, 5/10/2004 Legal Intelligencer 5: critically evaluates rule prohibiting citation of unpublished opinions recently reaffirmed by Superior Court in Schaaf v. Kaufmann.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.