Upon Further Review

A Publication of the Philadelphia Bar Association

Featured Story | ADR

Attacking the Arbitrator for Bias

By Charles F. Forer, Esq. on 6/21/2016

Article Image When an arbitrator makes an arguably biased or corrupt decision, the disappointed party has recourse. However, the party must act quickly and choose remedies wisely to obtain relief. Read Full Story »

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Doggone It! Court Cannot Condone Canine Custody

By James W. Cushing, Esq. on 6/21/2016

Many Americans have pets, and regardless of whether these pets are dogs, cats, lizards or fish, many pet owners think of their pets as members of the family. What happens when a pet is owned by a married couple who decide to divorce? Read Full Story »

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Formerly Admitted Attorney May Not Engage in Law-Related Activities, with Limited Exceptions Under PA R.D.E. 217(j)

By Paul Kazaras, Esq. on 6/22/2016

In an opinion released this month, the Philadelphia Bar Association’s Professional Guidance Committee reviewed a job description for a position being considered by a disbarred attorney and advised whether the job duties fall under the exceptions to the prohibition in Pennsylvania Rules of Disciplinary Enforcement 217(j) on formerly admitted attorneys performing law-related activities. Read Full Story »

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William G. Bowen Ph.D. delivers the Judge A. Leon Higginbotham Jr. Memorial Public Interest Lecture at the June 22, 2016 Quarterly Meeting and Luncheon.


First Judicial District Prepares for Democratic National Convention

By Upon Further Review Staff on 6/21/2016

The Administrative Governing Board of the First Judicial District has ordered that all Courts and Departments of the Courts will remain open for business as usual during the Democratic National Convention to be held July 25 - 28, 2016. However, in light of the anticipated need to deploy all police witnesses scheduled to testify during the Convention, the Administrative Governing Board is requesting the prosecution and defense bar to identify cases that could be continued until after the Convention has concluded. Read Full Story »

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Will Greater Cooperation in Harrisburg Lead to Faster Passage of a Budget?

By Charles J. Klitsch, Esq. on 6/23/2016

Last year at this time, legislative leaders and Governor Wolf were not speaking with each other. What a difference a year makes – or at least the realization that this is an election year. While the 2016-17 state budget is not yet set in stone, significant progress is being made in plans to raise revenue needed to close the gap between money generated under the current tax structure and the amount needed to fund anticipated expenditures. Read Full Story »

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The Month in Workers' Compensation: May 2016 At-A-Glance

By Mitchell I. Golding, Esq. on 6/23/2016

Catch up on the latest court decisions involving who is a statutory employer,the Uninsured Employers Guarantee Fund and whether a Workers' Compensation Judge may reject the uncontradicted opinion of an IRE expert. Read Full Story »

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Not Every Violent Crime is Terrorism: Why Edward Archer Should Not Be Prosecuted Under PA’s Criminal Terrorism Statute

By Susan Lin, Esq. on 5/16/2016

Article Image In her response to an article in last month's edition of Upon Further Review, the author takes issue with the proposition that Edward Archer, who is alleged to have shot Officer Jesse Hartnett, should be charged under Pennsylvania's terrorism statute. Rather, a terrorism charge should be reserved for those who truly intend by their violent actions or threats to terrorize the community at large. It should not be a means of lodging further punishment against people with mental illness, and it should be used sparingly, in recognition of the incontrovertible fact that piling on charges and sentences will add to our already overburdened corrections system. Read Full Story »

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Calling a Terrorist a Terrorist: Why Philadelphia’s Cop-Shooting Jihadist Should Be Prosecuted Under PA’s Criminal “Terrorism” Statute (Instead of Waiting on the Feds)

By Amara Chaudhry, Esq on 4/26/2016

Article Image In this article, the author takes the position that Edward Archer, the man accused of shooting Philadelphia police officer Jesse Hartnett at point-blank range while proclaiming that his actions were motivated by his Islamic faith, can - and should - be prosecuted under Pennsylvania's criminal terrorism statute: 18 Pa.C.S. §2717. Read Full Story »

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