Upon Further Review

A Publication of the Philadelphia Bar Association

Featured Story | CONSTITUTIONAL LAW

Obergefell Brings Marriage Equality Nationwide, But Legal Questions Remain

By Tiffany L. Palmer, Esq. on 7/29/2015

Article Image In Obergefell v. Hodges, the United States Supreme Court held that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Pennsylvania attorneys are now grappling with unresolved issues post-marriage equality, including parentage for children born to same-sex couples, the legal status of marriage-like relationships such as civil unions, and discrimination against LGBT employees as marriage quality has forced them "out" in the workplace. Read Full Story »

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LAW PRACTICE MANAGEMENT TAX

Philadelphia Bar Association Opposes Switch to Accrual Accounting for Law Firms

By Charles J. Klitsch on 7/27/2015

The Philadelphia Bar Association opposes proposed federal legislation that would require law firms and other providers of professional services to switch from the cash method of accounting to the accrual method. Read Full Story »

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LEGISLATIVE UPDATE

General Assembly Focuses on Budget As Fiscal Year Begins

By Charles J. Klitsch on 7/28/2015

Pennsylvania’s 2015-2016 Fiscal Year began on July 1, 2015, without a state budget in place. The General Assembly and the Governor remain far apart. While lawmakers search for a compromise, few committees are meeting in July and August and legislation is moving slowly. Read the current Pennsylvania House and Senate Legislative Tracking Report, provided courtesy of Crisci Associates, here. Read Full Story »

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Podcast
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City Policy Committee meeting on June 23 featuring a question and answer session with Philadelphia City Council President Darrell L. Clarke.

 

COURT NEWS

Third Circuit Court of Appeals Approves Amended Rules of Attorney Disciplinary Enforcement

By Charles J. Klitsch on 7/27/2015

The United States Court of Appeals for the Third Circuit has approved amended Rules of Attorney Disciplinary Enforcement, effective July 1, 2015. Among the changes to the Rules is the establishment of an inactive status for attorneys who have not entered an appearance in a case in the Court or who have not updated their contact information with the Court in the past five years. Read Full Story »

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COURT NEWS

Philadelphia Court of Common Pleas Expands Civil Electronic Filing System

By Charles J. Klitsch on 7/27/2015

The Philadelphia Court of Common Pleas has announced enhancements to its highly successful Civil Electronic Filing System. Now, counsel and self-represented parties will be able to electronically file required conference submissions within the existing case section under the filing category "Conference Submissions." Read Full Story »

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CRIMINAL JUSTICE

Third Circuit Reverses Conviction Due to Improper References to Defendant's Post-Arrest, Post-Miranda Silence

By Burton A. Rose, Esq. on 7/27/2015

In United States v. Jace Edwards, Appellant 2015 WL 4069280 (3 rd Cir. July 6, 2015), a three member panel of the Third Circuit Court of Appeals ruled that immediate curative instructions must be given whenever a defendant's post-Miranda warnings silence is mentioned before the jury. Read Full Story »

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WORKERS' COMPENSATION

The Month in Pennsylvania Workers' Compensation: June 2015 At-A-Glance

By Mitchell I. Golding, Esq. on 7/29/2015

A brief overview of recent court decisions regarding Impairment Rating Evaluations and Reinstatement/Statute of Limitations issues Read Full Story »

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LAW PRACTICE MANAGEMENT

When the Disciplinary Board Comes Calling: It Can Happen to You!

By Ellen C. Brotman and Ashley Kenney Shea on 6/18/2015

Article Image No matter how long you practice and how careful you are, someday it can happen to you: a letter arrives from the Office of Disciplinary Counsel advising you of a complaint. Read Full Story »

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