Volume 39 Issue 4


Volume 39 Summer 2008 Number 4

TWENTIETH ANNUAL ISSUE ON STATE
CONSTITUTIONAL LAW
Introduction Robert F. Williams 799
foreward
In the Twilight of the Nation-State: Subnational Constitutions in the New World Order Robert A. Schapiro 801
articles
Patterns of Subnational Constitutionalism in Federal Countries John Dinan 837

Welfare Rights in State Constitutions

Elizabeth Pascal 863
developments in state constitutional law: 2008
THE RIGHT TO A SPEEDY TRIAL - THE MONTANA SUPREME COURT REALIGNS ITSELF WITH THE UNITED STATES SUPREME COURT'S BALANCING TEST. State v. Ariegwe, 167 P.3d 815 (Mont. 2007). Anthony L. Ciuca 903
 CONSTITUTIONAL LAW - COLLECTIVE BARGAINING RIGHTS - MISSOURI PUBLIC SECTOR LABOR LAW: THE MISSOURI SUPREME COURT'S ABANDONMENT OF THE PAST. Independence-Nat'l Educ. Ass'n v. Independence Sch. Dist., 223 S.W.3D 131 (Mo. 2007) (en banc). Benjamin Garber 929

STATE CONSTITUTIONAL LAW - SEARCH AND SEIZURE - THE STANDING PROVISION AFFORDED BY ARTICLE I, SECTION 7 OF THE CONNECTICUT CONSTITUTION DOES NOT EMBODY THE AUTOMATIC STANDING RULE. State v. Davis, 929 A.2d 278 (Conn. 2007).

Erica L. Hartwig 949

STATE CONSTITUTIONAL LAW - FREEDOM OF SPEECH - A TIGHTENING OF THE REINS: HOW THE NEW JERSEY SUPREME COURT'S MISAPPLICATION OF ITS FREEDOM OF SPEECH FRAMEWORK MARKED A SIGNIFICANT RETREAT FROM THE STATE'S LIBERAL FREE SPEECH TRADITION. Comm. for a Better Twin Rivers v. Twin Rivers Homeowners' Ass'n, 929 A.2d 1060 (N.J. 2007).

Francis T. Jamison 969
CONSTITUTIONAL LAW - PROCESS OF AMENDMENT - THE PERSPECTIVE OF A REASONABLE VOTER WILL NO LONGER BE CONSIDERED IN DETERMINING WHETHER A PROPOSED CONSTITUTIONAL AMENDMENT SATISFIES THE ARIZONA CONSTITUTION'S SEPARATE AMENDMENT REQUIREMENT. Arizona Together v. Brewer, 149 P.3D 742 (Ariz. 2007). Lauren Keating 989
CONSTITUTIONAL LAW - EQUAL RIGHTS AMENDMENT, EQUAL PROTECTION, AND DUE PROCESS - THE RIGHT OF SAME-SEX MARRIAGE IS NOT FUNDAMENTAL, PROHIBITING SAME-SEX MARRIAGE DOES NOT CONSTITUTE GENDER-BASED DISCRIMINATION, AND RESTRICTIONS ON THE RIGHT OF MARRIAGE ARE RATIONALLY RELATED TO THE STATE'S INTEREST IN REGULATION OF MARRIAGE. Conaway v. Deane, 932 A.2D 571 (MD. 2007). Alison Lorenzo 1003
THE OREGON SUPREME COURT DISREGARDS THE "CLOSELY RELATED" REQUIREMENT OF ITS SEPARATE-VOTE DOCTRINE IN UPHOLDING A PROPERTY FORFEITURE INITIATIVE. Lincoln Interagency Narcotics Team v. Kitzhaber, 145 P.3d 151 (Or. 2006). F. Troupe Mickler IV  1037
CONSTITUTIONAL LAW - VOTER INITIATIVES - CHALLENGES TO THE SUFFICIENCY OF VOTER INITIATIVE PETITIONS CANNOT BE CONSIDERED BY THE COURTS AFTER THE ELECTION IN WHICH THE INITIATIVE IS APPROVED BY THE VOTERS, EVEN IF THE CHALLENGE WAS FILED BEFORE THE ELECTION. Montanans for Equal Application of Initiative Laws v. State ex rel. Johnson, 154 P.3D 1202 (Mont. 2007). Sundeep S. Sidhu 1053
SEPARATION OF CHURCH AND STATE AND SECTARIAN EDUCATION - PRIVATE BOND FINANCING AGREEMENTS WHICH INCIDENTALLY BENEFIT SECTARIAN SCHOOLS DO NOT VIOLATE ARTICLE XVI, SECTION 5 OF THE CALIFORNIA STATE CONSTITUTION SO LONG AS THE RELEVANT STATUTE'S PRIMARY PURPOSE IS TO ADVANCE LEGITIMATE PUBLIC ENDS AND THE ACADEMIC CURRICULUM OFFERED IS SUFFICIENTLY SECULAR TO PROMOTE THE STATE'S INTEREST IN FURTHERING EDUCATION. Cal. Statewide Cmtys. Dev. Auth. v. All Pers. Int'd in re the Validity of a Purch. Agrm't. 152 P.3d 1070 (Cal. 2007). William E. Viss 1083
EQUAL PROTECTION - FELON DISENFRANCHISEMENT SCHEME THAT REQUIRES COMPLETION OF ALL TERMS OF SENTENCE INCLUDING FULL PAYMENT OF ANY LEGAL FINANCIAL OBLIGATIONS IS CONSTITUTIONAL UNDER BOTH WASHINGTON'S PRIVILEGES AND IMMUNITIES CLAUSE AND THE EQUAL PROTECTION CLAUSE OF THE FEDERAL CONSTITUTION. Madison v. State, 163 P.3d 757 (Wash. 2007). Jason H. Weber  1101
CONSTITUTIONAL INTERPRETATION - MARYLAND'S EARLY VOTING LAWS ARE DECLARED VOID AS INCONSISTENT WITH AND IN DEROGATION OF THE MARYLAND CONSTITUTION. Lamone v. Capozzi, 912 A.2D 674 (Md. 2006). Ward Williams  1117