® June 2004 The Monthly Newspaper of the Philadelphia Bar Association Vol. 33, No. 6 Scalia: Leave Constitution Alone by Jeff Lyons interpretation.” Scalia was the third Supreme The U.S. Constitution should Court justice to speak to the Ass- get an “honest, lawyerly interpre- ociation in six months. Justices tation,” U.S. Supreme Court Assoc- Ruth Bader Ginsburg and Sandra iate Justice Antonin Scalia told an Day O’Connor spoke to members audience of nearly 800 people at last October. the Association’s April 29 “I’m honored to have the first Quarterly Meeting and Luncheon. awardee be Jerry Shestack. If all of Scalia, who spoke for more your awardees are of that quality than 45 minutes, also presented they will do me honor, rather the Association’s inaugural Justice than me to them,” Scalia said. Antonin Scalia Award for Profess- American Bar Association Pres- ional Excellence to WolfBlock ident Dennis W. Archer praised partner Jerome J. Shestack. Shestack as the “embodiment of “I’m really honored to have an professionalism.” award named after me. It’s a little “His ABA presidency was cen- risky. You should really wait until tered around the promotion of a person is dead. You never know ethics and professionalism in the what he’ll do later,” Scalia told the legal profession. His tireless rally- capacity crowd. ing of the ABA’s sections and divi- In urging attorneys to keep the sions, committees and commis- original intent of the Constitution sions focused on enhancing our in mind, he said, “Let’s call a halt. professional values and increasing We’ve done a lot of good things the respect for the profession this way, some bad things as well. which ultimately allows us to ad- But we’re beginning to see the ev- vance the rule of law. We are all il effects. Let’s not do it anymore. better off as a result of it. He con- Let’s get back to taking the text tinues to serve as a guide for ev- Photo by Jeff Lyons and giving it an honest, lawyerly continued on page 4 U.S. Supreme Court Associate Justice Antonin Scalia addresses the Association on April 29. Williams to Deliver Higginbotham Lecture In This Issue ... by Jeff Lyons the event, and 36 taries and participates in NPR’s efforts new members of the to explore television opportunities. 5 Charity Run Association’s Year From 2000 to 2001, Williams hosted Juan Williams, senior correspondent 10 Bar Foundation for National Public Radio’s “Morning Clubs will be hon- NPR’s national call-in show “Talk of the Edition,” will deliver the 6th Annual ored. Nation.” In that role, he brought the 11 O’Connor Award Judge A. Leon Higginbotham Jr. Tickets for the program to cities and towns across Memorial Public Interest Lecture at the event are $50 for America for monthly radio “town hall” 12 Law Week Association’s June 24 Quarterly members and $55 meetings before live audiences. The Meeting and Luncheon. for nonmembers town hall meetings were a part of “The 18 People Juan Williams The winner of the Justice Ruth and can be pur- Changing Face of America,” a yearlong BB1 Bench-Bar 2004 Bader Ginsburg Legal Writing chased at www.philadelphiabar.org. Competition will also be announced at Williams also works on documen- continued on page 8 KNIPES-COHEN COURT REPORTING 215-928-9300 COURT REPORTING • VIDEOGRAPHY • VIDEOCONFERENCING 400 Market Street, 11th Floor, Philadelphia, PA 19106, Phone: 800-544-9800 • 215-928-9300 • Fax: 215-627-0555 7KH8OWLPDWH 'ULYLQJ0DFKLQH (;&(//(17 MO PRQWKOHDVHPLOHVSHU\HDU 'XHDWVLJQLQJFDSUHGXFWLRQ 8 VWPRQWKS\PWVHFGHSRVLWEDQNIHH $XWRPDWLF&'+6 WD[HV WDJVDGGLWLRQDOFSHUPLOH< RYHU6WRFN:% 0RRQURRI$:' 0653 2WWR­V%0:5RXWH1:HVW&KHVWHU3$ 2WWRVEPZFRP PHILADELPHIA 2 JUNE 2004 / BAR REPORTER Education Opportunities Still Unequal by Gabriel L.I. Bevilacqua Majorie O. Rendell, and Judges Bruce significantly lower than the average W. Kauffman and Clifford Scott Green per-pupil expenditure of the majority Here’s something that both Pres- FRONTLINE of the U.S. District Court. It was hard of surrounding school districts.” In fact, ident George W. Bush and Sen. John F. not to be moved by the judicial pre- while Philadelphia spends about $7,600 Kerry agree on: The 50th anniversary sentation that climaxed with Mayor per pupil on education, Abington of the Supreme Court’s historic deci- Street’s dramatic entrance into the spends nearly $9,000 per pupil and sion in Brown v. Board of Education chal- school district auditorium while he Cherry Hill spends nearly $10,000. And lenges each and every one of us to join read his portion of the decision. remember - the needs are much the struggle to ensure equal education- Later in the program, a stimulating greater in Philadelphia. On top of all al opportunities for all Americans. Town Hall meeting was moderated by this, for the most part the schools in Indeed, both candidates agree that Temple University Beasley School of our region continue to experience de- we have much work to do in this Law Professor Phoebe A. Haddon. She facto segregation based largely on geo- regard. engaged a large group of students, graphic and/or socio-economic factors. The President says that anti-dis- ward and (much as the events attended educators and lawyers in the discourse In short, Brown reminds us that we crimination laws must be “vigorously by President Bush and Sen. Kerry) it and it was heartening to see so many are simply not providing equal educa- enforced” because “the habits of racism also confronted us with the reality of of our Philadelphia school students tional opportunity. Not by a long shot. in America have not all been broken.” unfinished business. passionately involved in the discussion. “While our schools are no longer Sen. Kerry says that “Brown began to Video testimonials from seven Many of the students relayed stories segregated by law, they are still not tear down the walls of inequality,” but prominent Philadelphia lawyers and observations that gave the pro- equal in opportunity and excellence,” he adds “the next great challenge is to focused on “Brown remembered” and gram and the discussion vitality and President Bush said on May 17. And on put up a ladder of opportunity for all.” brought us back to the time of the relevance. Once again I found myself the same day, Sen. Kerry declared: “We The President and Sen. Kerry made decision. These personal testimonials energized and challenged by the need to renew our commitment to one these observations during the recent from those who lived through Brown insights and views expressed by a new America. We should not delude our- Brown commemorative events held in were not limited to Philadelphia but generation. selves into thinking for an instant that Topeka, Kan. also took us to the South where, unlike An informal lunch gave us the because Brown represents the law, we Here in Philadelphia, the Bar the North, segregation was openly chance to hear from School District have achieved our goal, that the work Association joined with the School practiced. Our real-life witnesses who CEO Paul Vallas who brought the of Brown is done.” District of Philadelphia to observe the experienced the firsthand effects of the whole program together and related Brown decision also looked ahead and the issues to the Philadelphia School Gabriel L.I. Bevilacqua, a partner at Saul Ewing LLP, is Brown anniversary during a special Chancellor of the Philadelphia Bar Association. His e- half-day program at the School District told us what Brown failed to accom- District in 2004 and beyond. Vallas is a mail address is [email protected]. headquarters. Thanks in large part to plish. passionate advocate for public educa- the fine work of program co-chairs The program also included student tion - a strong leader who stresses Marsha Levick (of the Juvenile Law presentations of selected Brown argu- innovation, decentralization, commu- Center) and Wendy Beetlestone (gener- ments re-enacted by mock trial cham- nity involvement and measurable per- al counsel for the school district) who pions from Northeast and Masterman formance for the schools. were assisted by people like Michael high schools. This was followed by one If you could see our public schools Editor-in-Chief Hayes of our Young Lawyers Division, of the most stirring parts of the pro- the way I did during our program on Molly Peckman, Esq. this turned out to be an event that will gram: a reading of the Brown decision May 5 you would be very proud. And long be remembered. I know that it by Mayor John F. Street, Common Pleas yet, there is so much more that needs Associate Editor Sunah Park, Esq. will always be one of the treasured Court President Judge Frederica A. to be done. Philadelphia public schools memories of my year as Chancellor. Massiah-Jackson, U.S. District Court are still grossly underfunded. The Contributing Editor Our Brown anniversary observance Chief Judge James T. Giles, U.S. Third school district itself admits that per- Richard Max Bockol, Esq. forced us to look back as well as for- Circuit Judges Theodore A. McKee and pupil spending in Philadelphia “is still Advisory Editors Bruce H. Bikin, Esq. Merih O. Erhan, Esq. Marc W. Reuben, Esq. Save June 11 for Federal Bench-Bar Event Director of Publications and New Media Mark A. Tarasiewicz Lawyers and judges who practice Courts Committee Chair Rudolph attorneys Mark A. Aronchick, Thomas and preside in the federal courts are Garcia, a partner at Saul Ewing LLP, R. Kline and Carolyn P. Short. Managing Editor Jeff Lyons invited to the 2004 Federal Bench-Bar and Committee Vice Chair Abbe F.