Upon Further Review

A Publication of the Philadelphia Bar Association

Featured Story | FAMILY LAW

After Marriage Equality: Protecting Parental Rights of Same-Sex Couples

By Tiffany L. Palmer, Esq. on 1/22/2015

Article Image Eight months after the decision in Whitewood v. Wolf, which permitted same-sex marriage in Pennsylvania, questions still remain as to the full implementation and impact of the decision in the area of family law. The biggest question facing family law practitioners is how to counsel same-sex married couples who conceive a child via assisted reproduction during their marriage. Are both spouses the parents by virtue of the marital presumption of paternity under Pennsylvania law? Read Full Story »

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ESTATE AND REAL ESTATE

Can You See the Light?!

By Adam S. Bernick, Esq. on 1/22/2015

James Brown, despite passing this life over 8 years ago, left an estate that has not "seen the light." Rather, it continues to pass between courts, leaving one wonder if his estate will end up like that of the mythical Jarndyce and Jarndyce, with all assets having been disbursed in counsel fees. Read Full Story »

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CRIMINAL JUSTICE

Superior Court Rules That Case of Accomplice Should Have Been Severed in Gosnell Abortion Trial

By Burton A. Rose, Esq. on 1/22/2015

Did the lower court err in denying defendant´s request for severance from the co-defendant´s capital murder trial when the bulk of the evidence pertaining to the co-defendant´s murder charges would not have been admissible at a separate trial for the defendant and was not capable of separation by the jury? Read Full Story »

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Podcast
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Former Heavyweight Boxing Champ Larry Holmes, Judge Jack Panella and Judge Jacquelyn Frazier-Lyde Discuss Their Careers and Experiences Negotiating Contracts at the Dec. 17, 2014, Chancellor’s Forum.

 

WORKERS' COMPENSATION

The Month in Pennsylvania Workers' Compensation: December 2014 At-A-Glance

By Mitchell I. Golding, Esq. on 1/23/2015

A brief overview of Substantial Evidence/Psychiatric Claim, Statutory Employer, and Average Weekly Wage/Suspension. Read Full Story »

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CRIMINAL JUSTICE CONSTITUTIONAL LAW

Search of Digital Information on a Cell Phone Cannot be Justified Under the Search Incident to Arrest Doctrine

By Brad V. Shuttleworth, Esq. on 7/22/2014

Article Image “[W]hat police must do before searching a cell phone seized incident to an arrest is accordingly simple – get a warrant.” – Chief Justice John Roberts, Supreme Court of the United States Read Full Story »

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PROBATE & TRUST LAW

Clarity Brought to Durable Powers of Attorney

By Adam S. Bernick, Esq. on 12/16/2014

Article Image It seems as if every decade or so, the Legislature makes changes to the statutes governing powers of attorney. It did so again with the passage of House Bill 1429, which Governor Corbett signed into law July 2014, thereby becoming Act 95 of 2014 ("Act 95"). Read Full Story »

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LAW PRACTICE MANAGEMENT

Video Interviewing - Pros and Cons

By Jared Jacobson, Esq. on 8/19/2013

What are the risks to a company and a candidate that may be faced as a result of this new world of "on-line job dating"? With Skype and similar services out there, video interviewing has and will continue to change the landscape of interviews. Technology has fundamentally changed many aspects of the way we work. Skype, Facetime, GoToMeeting, and YouTube are some examples. Individuals of all ages are becoming more familiar and comfortable with the technology, as video cameras are in computers and even many of the phones that we carry around. Read Full Story »

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Alcohol Putting Unemployment Compensation to the Test

By James W. Cushing, Esq. on 8/19/2013

In the matter of Dillon v. Unemployment Compensation Board of Review, 2013 WL 2991042, the Commonwealth Court of Pennsylvania interpreted Pennsylvania Unemployment Compensation Law to include alcohol consumption within the meaning of 43 P.S. Section 802(e.1). Read Full Story »

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