Upon Further Review

A Publication of the Philadelphia Bar Association

Featured Story | FAMILY LAW

Do Non-Parents Have Custodial Rights Over A Child?

By James W. Cushing, Esq. on 08/12/2010

It goes without saying that a mother and father, generally speaking, have the primary right to custody over their child(ren). However, there may be times when a person who is not a parent may also have custodial rights over a child. With the rate of children being born to unwed parents at an all time high, which has also coincided with the worst economic climate in generations, many a parent has taken to relying on others to assist in the rearing of his/her child(ren), more frequently than in recent memory. This article will set forth the rights of persons who, assisting in the rearing of these children, may also have a right to the custody of the child(ren) of another in addition to, or instead of, the custody rights of the child(ren)’s parents. Read Full Story »

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FEDERAL LAW

McChrystal and Sherrod: A Case of Government Treatment of Military Members and Civilians Explored

By Brandon S. Bruce, Esq. on 08/12/2010

Recently there were two highly covered incidents involving two workers of federal agencies who had private discussions, which ultimately made their way into National headlines and resulted in the abrupt dismissal of both workers. The first was General Stanley McChrystal, former top U.S. Commander in Afghanistan, who tendered his resignation after he and his aides were quoted mocking and making critical comments concerning key members of the Obama Administration in a Rolling Stone magazine article. The second was Mrs. Shirley Sherrod, a former U.S. Agriculture Department (“USDA”) employee, who was asked to resign after she made a speech at a dinner hosted by the NAACP in which she discussed how she overcame her prejudice against a white farmer and ultimately helped the farmer and his wife save their farm from foreclosure. Read Full Story »

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CRIMINAL JUSTICE

Money in Motion Does Not Equal Money Laundering

By Burton A. Rose, Esq. on 08/19/2010

On July 28, 2010, the United States Court of Appeals for the 6th Circuit decided the case of U.S. v. Roger Faulkenberry, # 08-4233/4404, on appeal from the United States District Court for the Southern District of Ohio. Faulkenberry challenged the proof supporting his conviction for money laundering in violation of 18 U.S.C. § 1956(a)(1)(B)(i). That conviction was based upon a $22 million advance to Scott Medical Group, which had been obtained from investors by means of misrepresentations. As part of the charged transaction, Faulkenberry arranged for Scott to execute a promissory note reciting that funds belonging to a subsidiary, rather than investor monies in his accounts, would be used for the advance. That recital was false. Thus the advance involved bogus documents and moved $22 million of investor funds to Scott. Read Full Story »

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Podcast
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Veta Richardson and Roberta Liebenberg on eliminating the income gap between male and female partners at the July 27, 2010 Women in the Profession Committee meeting.

 

WORKERS' COMPENSATION

Pennsylvania Workers' Compensation: July 2010 At-A-Glance

By Mitchell I. Golding, Esq. on 08/12/2010

This month, attorney Mitchell Golding provides valuable updates in Pennsylvania Workers’ Compensation Law in areas of Notice, IME/Vocational Issues, Review of Petition/Statutory Construction, Statutory Employer, and Credit. Read Full Story »

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CIVIL RIGHTS LAW

U.S. Department of State Issues New Gender Policy on Passports

By Natalie Hrubos, Esq. on 07/20/2010

Last month, the U.S. Department of State took an important step toward eliminating the legal obstacles that transgender people face in attempting to access appropriate identity documentation. As of June 10, 2010, trans individuals need not provide documentation of “sex reassignment surgery” to change the gender markers on their U.S. passports. Instead, the federal government will accept documentation of “clinical treatment” appropriate for a gender transition. Read Full Story »

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Police Pursuits: Claims Against the City of Philadelphia

By Alan Schnoll, Esq. on 07/21/2010

In the typical year, there are between 350 and 400 vehicle pursuits conducted by the Philadelphia Police Department. Police are permitted to pursue suspects for violent felonies and, until recently, for property offenses, such as stolen cars, and traffic violations. Approximately one in four pursuits results in an accident, with injuries occurring more than 60% of the time. Almost 43% of those injured are civilians, i.e., innocent bystanders. In the nine years from 2000 through 2008, 15 people died as a result of vehicle pursuits by the Philadelphia Police Department. Six of those deaths were civilians. Read Full Story »

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FAMILY LAW

A New International Custody Problem: Turning Over the Passport Gets Lawyers Sued

By Charles C . Shainberg, Esq. on 07/20/2010

“Cover your rear” is a lesson learned early on in the careers of most attorneys. Depending upon the outcome of a case pending in Bergen County, New Jersey, “Hold that darn passport” may be a new lesson for family law attorneys or any other attorney who comes into possession of the passport of a client. Read Full Story »

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