Upon Further Review

A Publication of the Philadelphia Bar Association

Featured Story | CRIMINAL JUSTICE

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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EMPLOYMENT LAW

Amendments to Philadelphia's "Ban the Box" Law Are Now in Effect

By Tim McCarthy on 5/24/2016

On March 14, 2016, amendments to Philadelphia Fair Chance Hiring Law went into effect. Colloquially known as “Ban-the-Box,” the amendments to Philadelphia's ordinance place significant restrictions on the ability of employers to conduct and consider criminal background checks in the hiring process. Read Full Story »

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CONSTITUTIONAL LAW

Philadelphia Bar Association Files Amicus Brief in Civil Asset Forfeiture Case

By Upon Further Review Staff on 5/4/2016

Consistent with its position on civil asset forfeiture, the Philadelphia Bar Association, joined by the Barristers' Association of Philadelphia and the Hispanic Bar Association, filed an amicus brief authored by Matthew Lee of Blank Rome LLP in support of Elizabeth Young in the Pennsylvania Supreme Court case of Commonwealth v. Real Property and Improvements known as 416 S. 62nd Street, Philadelphia, Pa and 1997 Chevrolet and Contents Seized From James Young. Read Full Story »

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Podcast
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Chancellor’s Forum on May 18 featuring a panel addressing the pros and cons of the proposed Philadelphia sugary drink tax.

 

LEGISLATIVE UPDATE

Has the Time Finally Arrived for Merit Selection?

By Charles J. Klitsch, Esq. on 5/16/2016

Lawmakers in Harrisburg are once again trying to pass a state budget. In addition, within the next few weeks the House of Representatives may vote on HB 1339, the bill that would introduce the merit selection of appellate court judges in Pennsylvania. Read Full Story »

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WORKERS' COMPENSATION

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

By Mitchell I. Golding, Esq. on 5/3/2016

In Quality Bicycle Products, Inc. v. WCAB (Shaw), Commonwealth Court Senior Judge Rochelle S. Friedman considered what conditions must be satisfied for the injured employee to prove that he was within the course of his employment, and thus eligible for benefits, when he was not furthering the business or affairs of his employer at the time of the injury. Read Full Story »

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CRIMINAL JUSTICE

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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EMPLOYMENT LAW

In Coachable Moment, District Court Reminds Parties of Deference Given to Arbitration Awards

By Tim McCarthy on 3/29/2016

Article Image In Nowak v. Pa. Prof’l Soccer, LLC, Civil Action No. 12-4165, 2016 U.S. Dist. LEXIS 2865 (Jan. 11, 2016), the United States District Court for the Eastern District of Pennsylvania made it clear that confirmation of arbitration awards is viewed through an extremely deferential lens. Read Full Story »

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CONSTITUTIONAL LAW EMPLOYMENT LAW ELDER LAW

Law Imposing Lifetime Hiring Ban on Ex-Offenders Struck Down

By Tim McCarthy on 2/23/2016

Article Image On December 30, 2015, the Commonwealth Court in Peake v. Commonwealth unanimously ruled that the Older Adult Protective Service Act's lifetime ban on the employment of individuals who have been convicted of certain crimes by Act-covered elder care facilities is unconstitutional. Read Full Story »

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